Indemnification by Provider. Provider shall fully indemnify, save harmless and defend Customer from and against any and all costs, claims, and expenses incurred by Customer in connection with or arising from any claim by a third party for physical damage to or physical destruction of property, or death of or bodily injury to any Person, but only to the extent caused by (a) the negligence or willful misconduct of Provider or its agents or employees or others under Provider’s control in performing this Agreement, and
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase & Storage Services Agreement
Indemnification by Provider. Provider shall fully indemnify, save harmless and defend Customer from and against any and all costs, claims, and expenses incurred by Customer in connection with or arising from any claim by a third party for physical damage to or physical destruction of property, or death of or bodily injury to any Person, but only to the extent caused by (a) the negligence or willful misconduct of Provider or its agents or employees or others under Provider’s control in performing this Agreement, and
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase & Storage Services Agreement
Indemnification by Provider. Provider shall fully agrees to indemnify, save defend and hold Recipient, its Affiliates, and each of Provider’s and its Affiliates’ respective employees, agents, officers and directors harmless and defend Customer from and against any and all costs, claims, and expenses incurred by Customer Losses arising out of any third-party claim in connection with or arising from related to (i) any claim breach of any representation or warranty made by a third party for physical damage to Provider hereunder and (ii) any action or physical destruction of property, or death of or bodily injury to any Person, but only to the extent caused by (a) the negligence or willful misconduct omission of Provider or its Provider’s employees or agents or employees Third-Party Service Providers constituting willful misconduct or others under Provider’s control in performing this Agreement, andgross negligence.
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