Common use of Indemnification; Release of Liability Clause in Contracts

Indemnification; Release of Liability. (1) Market Participant agrees to indemnify and save and hold harmless the NYISO, and all of its officers, directors, employees, and agents, from and against any and all losses, damages, expenses, liabilities, claims or demands, including attorney’s fees, (collectively, “Damages”) whatsoever suffered or incurred by such parties resulting, arising from or relating to Market Participant’s breach of any of its agreements, covenants, representations or warranties contained herein, except for those Damages resulting from the NYISO’s gross negligence or intentional misconduct. (2) Market Participant hereby releases the NYISO, and all of its officers, directors, employees and agents, from any and all liability arising from or relating to the Auctions, except with respect to any gross negligence or intentional misconduct on the part of the NYISO, its officers, directors, employees, or agents.

Appears in 2 contracts

Samples: Agreement to Purchase or Sell Unforced Capacity, Agreement to Purchase or Sell Unforced Capacity

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Indemnification; Release of Liability. (1a) Market Participant Seller agrees to indemnify and save and hold harmless the NYISO, and all of its respective officers, directors, employees, and agents, from and against any and all losses, damages, expenses, liabilities, claims or demands, including attorney’s fees, (collectively, the “Damages”) whatsoever suffered or incurred by such parties resulting, arising from or relating to Market ParticipantSeller’s breach of any of its agreements, covenants, representations representations, or warranties contained herein, except for those Damages resulting from the NYISO’s gross negligence or intentional willful misconduct. (2b) Market Participant Seller hereby releases the NYISO, and all of its officers, directors, employees and agents, from any and all liability arising from or relating to the AuctionsInitial Auction, except with respect to any gross negligence or intentional willful misconduct on the part of the NYISO, its officers, directors, employees, employees or agents.

Appears in 1 contract

Samples: Binding Agreement to Sell Transmission Congestion Contracts

Indemnification; Release of Liability. (1) Market Participant agrees to indemnify and save and hold harmless the NYISO, and all of its officers, directors, employees, and agents, from and against any and all losses, damages, expenses, liabilities, claims or demands, including attorney’s fees, (collectively, “Damages”) whatsoever suffered or incurred by such parties resulting, arising from or relating to Market Participant’s breach of any of its agreements, covenants, representations or warranties contained herein, except for those Damages resulting from the NYISO’s gross negligence or intentional misconduct. (2) Market Participant hereby releases the NYISO, and all of its officers, directors, employees and agents, from any and all liability arising from or relating to the Auctions, except with respect to any gross negligence or intentional misconduct on the part of the NYISO, its officers, directors, employees, or agents.or

Appears in 1 contract

Samples: Agreement to Purchase or Sell Unforced Capacity

Indemnification; Release of Liability. (1a) Market Participant Xxxxxx agrees to indemnify and save and hold harmless the NYISO, and all of its respective officers, directors, employees, and agents, from and against any and all losses, damages, expenses, liabilities, claims or demands, including attorney’s fees, (collectively, the “Damages”) whatsoever suffered or incurred by such parties resulting, arising from or relating to Market ParticipantBidder’s breach of any of its agreements, covenants, representations or warranties contained herein, except for those Damages resulting from the NYISOISO’s gross negligence or intentional misconduct. (2b) Market Participant Bidder hereby releases the NYISO, and all of its officers, directors, employees and agents, from any and all liability arising from or relating to the Auctions, except with respect to any gross negligence or intentional misconduct on the part of the NYISO, its officers, directors, employees, or agents.

Appears in 1 contract

Samples: Agreement to Purchase Unforced Capacity

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Indemnification; Release of Liability. (1a) Market Participant Buyer agrees to indemnify and save and hold harmless the NYISO, and all of its respective officers, directors, employees, and agents, from and against any and all losses, damages, expenses, liabilities, claims claims, or demands, including attorney’s 's fees, (collectively, the "Damages") whatsoever suffered or incurred by such parties resulting, arising from or relating to Market Participant’s Buyer's breach of any of its agreements, covenants, representations representations, or warranties contained herein, except for those Damages resulting from the NYISO’s 's gross negligence or intentional willful misconduct. (2b) Market Participant Buyer hereby releases the NYISO, and all of its officers, directors, employees and agents, from any and all liability arising from or relating to the Auctions, except with respect to any gross negligence or intentional willful misconduct on the part of the NYISO, its officers, directors, employees, or agents.

Appears in 1 contract

Samples: Purchase Agreement

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