Common use of Indemnities Excluded Clause in Contracts

Indemnities Excluded. Except as otherwise specifically provided in this article, neither party (as an “indemnifying party”) shall be required to indemnify or defend the other party (as an “indemnified party”) against, or hold the indemnified party harmless from, any suit, claim, demand, loss, damage, liability, fine, penalty, or expense arising out of: (a) any breach by the indemnified party of any provision of this Agreement or any breach by the indemnified party of the parties’ interconnection agreement, if any; (b) the violation of any law by any employee of the indemnified party or other person acting on the indemnified party’s behalf; (c) willful or intentional misconduct or gross negligence committed by any employee of the indemnified party or by any other person acting on the indemnified party’s behalf; or (d) any negligent act or acts committed by any employee of the indemnified party or other person acting on the indemnified party’s behalf, if such negligent act or acts are the sole producing cause of the injury, loss, or damage giving rise to the suit, claim, demand, loss, damage, liability, fine, penalty, or expense for which indemnity is requested.

Indemnities Excluded. Except as otherwise specifically provided in this article, neither party (as an “"indemnifying party”") shall be required to indemnify or defend the other party (as an “"indemnified party”") against, or hold the indemnified party harmless from, any suit, claim, demand, loss, damage, liability, fine, penalty, or expense arising out of: (a) any breach by the indemnified party of any provision of this Agreement or any breach by the indemnified party of the parties’ ' interconnection agreement, if any; (b) the violation of any law by any employee of the indemnified party or other person acting on the indemnified party’s 's behalf; (c) willful or intentional misconduct or gross negligence committed by any employee of the indemnified party or by any other person acting on the indemnified party’s 's behalf; or (d) any negligent act or acts committed by any employee of the indemnified party or other person acting on the indemnified party’s 's behalf, if such negligent act or acts are the sole producing cause of the injury, loss, or damage giving rise to the suit, claim, demand, loss, damage, liability, fine, penalty, or expense for which indemnity is requested.