Government Fines. (a) Any fine, penalty or other cost incurred by either Party or such Party’s employees, agents or representatives (including their employees, agents or representatives) for non-compliance by such Party, its agents, or employees with the requirements of any applicable Law shall not be reimbursed by the other Party but, as between the Parties, shall be the sole responsibility of such non-complying Party; provided, however, that this Article XIII shall not apply, and Article XII or Section 9.4 shall apply, to the extent of any non-compliance arising out of, in connection with, or resulting from the matters described in clauses (a), (b) and (d) of Section 12.1 (to the extent of the other Party’s indemnification obligations under Article XII or Section 9.4, as applicable).
Appears in 4 contracts
Samples: Credit Purchase Agreement, Capacity Credit Purchase Agreement, Capacity Credit Purchase Agreement
Government Fines. (a) Any fine, penalty or other cost incurred by either Party or such Party’s employees, agents or representatives (including their employees, agents or representatives) for non-compliance by such Party, its agents, or employees with the requirements of any applicable Law shall not be reimbursed by the other Party but, as between the Parties, shall be the sole responsibility of such non-complying Party; provided, however, that this Article XIII shall not apply, and Article XII or Section 9.4 shall apply, to the extent of any non-compliance arising out of, in connection with, or resulting from the matters described in clauses (a), (b) and (d) of Section 12.1 (to the extent of the other Party’s indemnification obligations under Article XII or Section 9.4, as applicableXII).
Appears in 1 contract
Samples: Capacity Credit Purchase Agreement
