Common use of INDEMNITIES AND LIMITS ON LIABILITIES AND REMEDIES Clause in Contracts

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. ‌ 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. 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 (Project Co Persons) applies to this Section 9.1. This 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. ‌ 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. Co, except to the extent caused, or contributed to, by by: (f) 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 Agreement; or (g) 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. ‌ 9.1 Project Co’s Obligation to Indemnify‌ Indemnify Project Co will indemnify and keep the Authority Province and each Authority Province 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 Province or any Authority Province 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 Province 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 Province 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. Co, except to the extent caused, or contributed to, by by: (f) non-compliance by the Authority Province with any provision of this Agreement or any document, instrument or agreement delivered to Project Co as required under this Agreement or Agreement; or (g) any negligent act or omission, or any wilful misconduct, of the Authority Province or any Authority Province Person, other than non-compliances, negligent acts or omissions or wilful misconduct: (i) causing Malicious Damage that could have been anticipated and prevented, or substantially mitigated, through proper performance by Project Co of any, or all, of its obligations pursuant to this Agreement; and (ii) of Project Co or any Project Co Persons that are or could be attributed to the Province solely by virtue of the principle of non-delegable duty. For greater certainty, Section 4.4 applies to this Section 9.1. This Section 9.1 may be relied upon by the Authority Province 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.