INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES Sample Clauses
INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES.
9.1 Project Co’s Obligation to Indemnify Project Co will indemnify and keep the Authority and each Authority Indemnified Person indemnified at all times from and against all Direct Losses that any such Person may sustain in connection with:
(a) any loss of or physical damage to property or assets of the Authority or any Authority Indemnified Person, or any claim made by one or more third parties (including for loss of or physical damage to property or assets), or any claim for, or in respect of, the death, personal injury, disease or illness of any Person, including any Authority Indemnified Person, arising by reason of any:
(1) negligent act or omission of Project Co;
(2) wilful misconduct of Project Co; or
(3) non-compliance by Project Co with any of the provisions of this Agreement or any document, instrument or agreement delivered to the Authority as required under this Agreement;
(b) breach of any representation or warranty by Project Co under this Agreement;
(c) any Project Co Hazardous Substances;
(d) breach by Project Co of, or non-compliance by Project Co with, Permits or Laws, or the failure of Project Co to obtain all necessary Permits in accordance with this Agreement; or
(e) any infringement or misappropriation of Intellectual Property rights of any Person by Project Co. except to the extent caused, or contributed to, by non-compliance by the Authority with any provision of this Agreement or any document, instrument or agreement delivered to Project Co as required under this Agreement or any negligent act or omission, or any wilful misconduct, of the Authority or any Authority Person. For greater certainty, Section 4.4 applies to this Section 9.1. This Section 9.1 may be relied upon by the Authority Indemnified Persons and may be enforced directly by any of them against Project Co in the same manner and for the same purpose as if pursuant to a contractual indemnity directly between them and Project Co.
INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES. 36 10. LUMP SUM PAYMENTS AND SERVICE PAYMENT ADJUSTMENTS 42
INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES. 9.1 Project Co’s Obligation to Indemnify
(a) any loss of or physical damage to all or any part of property or assets of PUC or any PUC Indemnified Person, or any claim made by one or more third parties (including for loss of or physical damage to property or assets), or any claim for, or in respect of, the death, personal injury, disease or illness of any Person, including any PUC Indemnified Person, arising by reason of any non-compliance by Project Co or any Project Co Person with any of the provisions of this Agreement or any document, instrument or agreement delivered to PUC as required under this Agreement
(b) breach of any representation or warranty by Project Co under this Agreement;
(c) any Project Co Hazardous Substances;
(d) breach by Project Co of, or non-compliance by Project Co with, Permits or Laws;
(e) a failure by Project Co to obtain and maintain Project Co Permits; or
(f) any infringement or misappropriation of Intellectual Property rights of any Person by Project Co, except to the extent caused, or contributed to, by non-compliance by PUC with any provision of this Agreement or any document, instrument or agreement delivered to Project Co as required under this Agreement or any negligent act or omission, or any wilful misconduct, of PUC or any PUC Person or Project Co acting in accordance with a Change Directive. For greater certainty, Section 4.6 applies to this Section 9.1.
INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES. 27
9.1 Project Co’s Obligation to Indemnify 27 9.2 Conduct of Third Person Claims. 28
INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES