INDEMNIFICATION; LIMIT ON LIABILITY. 14.1 Carrier shall indemnify and hold Member, Servicer and any Association Obligor harmless from and against any and all claims, losses, liability, costs, damages, and expenses on account of or arising out of claims, complaints, disputes, settlement, litigation, arbitration, governmental inquiry or other proceeding pertaining or alleged to pertain thereto and instituted by (“Claim(s)”) (a) a Cardholder with regard to Travel Costs or Transactions, and any and all disputes between Carrier and any Cardholder arising out of the common carrier passenger relationship, other than as a result of Member or Servicer’s failure to comply with this Agreement or the Operating Regulations, where such failure is not caused in any part by Carrier or its Agents, or (b) any Person with regard to any breach by Carrier of this Agreement, the Operating Regulations or any applicable laws and regulations.
INDEMNIFICATION; LIMIT ON LIABILITY. 14.1 Carrier shall indemnify and hold Member harmless from and against any and all claims, losses, liability, costs, damages, and expenses on account of or arising out of claims, complaints, disputes, settlement, litigation, arbitration, governmental inquiry or other proceeding pertaining or alleged to pertain thereto and instituted by (a) a Cardholder with regard to Travel Costs or Transactions, and any and all disputes between Carrier and any Cardholder arising out of the common carrier passenger relationship, except to the extent resulting from the negligence, willful misconduct, or breach or violation of this Agreement, applicable Operating Regulations, or any applicable laws or regulations by Member or any of its Affiliates, or (b) any Person to the extent resulting from any willful misconduct or grossly negligent acts or omissions of Carrier or its Affiliates, or any breach by Carrier or any of its Affiliates of any provision of any of the Agreement, the applicable Operating Regulations or any applicable laws and regulations.
INDEMNIFICATION; LIMIT ON LIABILITY. 14.1 Carrier shall indemnify and hold Member, Servicer and any Association Obligor harmless from and against any and all claims, losses, liability, costs, damages, and expenses on account of or arising out of claims, complaints, disputes, settlement, litigation, arbitration, governmental inquiry or other proceeding pertaining or alleged to pertain thereto and instituted by (a) a Cardholder with regard to Travel Costs or Transactions, and any and all disputes between Carrier and any Cardholder arising out of the common carrier passenger relationship or (b) any Person with regard to any willful misconduct, grossly negligent acts or omissions of Carrier, or any breach by Carrier of any provision of any of the Agreement, the Operating Regulations or any applicable laws and regulations.
INDEMNIFICATION; LIMIT ON LIABILITY. CUSTOMER AGREES TO INDEMNIFY THE CPUC, SPONSOR AND CLEARESULT AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY SERVICES PERFORMED DURING THE IMPLEMENTATION OR MAINTENANCE OF EEM. NEITHER THE PUC, SPONSOR, CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, CUSTOMER IS NOT OBLIGATED TO INDEMNIFY OR DEFEND THE CPUC, SPONSOR AND/OR CLEARESULT FROM ANY LIABILITIES THAT ARISE FROM THE SOLE NEGLIGENCE OR SOLE WILLFUL MISCONDUCT OF THE CPUC, SPONSOR, CLEARESULT, OR ANY OF THEIR OFFICERS, EMPLOYEES, OR REPRESENTATIVES.
INDEMNIFICATION; LIMIT ON LIABILITY. TO THE EXTENT ALLOWED BY LAW, CUSTOMER AGREES TO INDEMNIFY THE PUC, SPONSOR AND CLEARESULT AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE INSTALLATION OR MAINTENANCE OF EEM. NEITHER THE PUC, SPONSOR, CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.
INDEMNIFICATION; LIMIT ON LIABILITY. TO THE EXTENT ALLOWED BY LAW, HOME BUILDER AGREES TO INDEMNIFY THE PUC, SPONSOR AND CLEARESULT AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE INSTALLATION OR MAINTENANCE OF EEM. NEITHER THE PUC, SPONSOR, CLEARESULT, NOR HOME BUILDER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.
INDEMNIFICATION; LIMIT ON LIABILITY. CUSTOMER AGREES TO INDEMNIFY COMED, AND CLEARESULT AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY MEASURES IMPLEMENTED, PRODUCTS INSTALLED, OR SERVICES PERFORMED DURING THE INSTALLATION, IMPLEMENTATION, OR MAINTENANCE OF EEM. NEITHER COMED, CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.
INDEMNIFICATION; LIMIT ON LIABILITY. Customer agrees to indemnify, defend and hold harmless the MPSC, Sponsor and CLEAResult against all loss, damages, costs, including attorney fees and liability arising from any claims related to any products installed or services performed during the installation or maintenance of EEM. Neither the MPSC, Sponsor, CLEAResult, nor customer shall be liable to each other for any incidental, special, indirect or consequential damages related to this agreement. Customer releases Sponsor from any and all claims it may have related to the EEM, the Program and/or this Agreement.
INDEMNIFICATION; LIMIT ON LIABILITY. PARTICIPANT AGREES TO INDEMNIFY KUB, TVA, AND CONTRACTOR AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE INSTALLATION OR MAINTENANCE OF SMART THERMOSTAT(S) AS PART OF THE PILOT. NEITHER KUB, TVA, NOR CONTRACTOR SHALL BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT OR THE PILOT. NEITHER KUB, TVA, NOR CONTRACTOR ARE RESPONSIBLE FOR ANY WALL REPAIR AND/OR PAINTING RESULTING FROM THE INSTALLATION OF SMART THERMOSTAT(S).
INDEMNIFICATION; LIMIT ON LIABILITY. TO THE EXTENT ALLOWED BY LAW, CUSTOMER AGREES TO INDEMNIFY SPONSOR AND CLEARESULT AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE INSTALLATION OR MAINTENANCE OF EEM. NEITHER SPONSOR, CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.
