Common use of Indemnity by Operator Clause in Contracts

Indemnity by Operator. Operator shall fully indemnify, save harmless and defend Owner, Lenders, each of their subsidiaries and Affiliates, and the directors, officers, shareholders, agents, employees, successors and assigns of each of them (the "Owner Indemnified Parties"), from and against any and all liability arising from third party claims, suits, losses, costs, damages, injuries, liabilities, Operation and Maintenance Agreement - Ormesa Plants demands, penalties, interest and causes of action, including without limitation reasonable attorney's fees, (collectively, the "Damages"), arising out of, resulting from, or related to this Agreement, including without limitation any damage to or destruction of property, or death of or bodily injury to, any person (whether they are employees of the Owner Indemnified Parties, Operator or any subcontractor, or are persons unaffiliated with the Plants and/or Xxxxx) to the extent caused by Operator's gross negligence or willful misconduct, if the claim or cause of action has arisen prior to the termination, expiration or completion of this Agreement or within 3 (three) years thereafter. It is expressly agreed that where the Owner Indemnified Parties are contributorily negligent, such contributory negligence will not preclude recovery under the preceding sentence, but Operator's indemnity will not include Damages to the extent caused by such contributory negligence. Operator's aforesaid indemnity is for the exclusive benefit of the Owner Indemnified Parties and in no event shall inure to the benefit of any other party.

Indemnity by Operator. Operator shall fully indemnify, save harmless and defend Owner, Lenders, each of their subsidiaries and Affiliates, and the directors, officers, shareholders, agents, employees, successors and assigns of each of them (the "Owner Indemnified Parties"), from and against any and all liability arising from third party claims, suits, losses, costs, damages, injuries, liabilities, Operation and Maintenance Agreement - Ormesa Plants demands, penalties, interest and causes of action, including without limitation reasonable attorney's fees, (collectively, the "Damages"), arising out of, resulting from, or related to this Agreement, including without limitation any damage to or destruction of property, or death of or bodily injury to, any person (whether they are employees of the Owner Indemnified Parties, Operator or any subcontractor, or are persons unaffiliated with the Plants and/or Xxxxx) to the extent caused by Operator's gross negligence or willful misconduct, if the claim or cause of action has arisen prior to the termination, expiration or completion of this Agreement or within 3 (three) years thereafter. It is expressly agreed that where the Owner Indemnified Parties are contributorily negligent, such contributory negligence will not preclude recovery under the preceding sentence, but Operator's indemnity will not include Damages to the extent caused by such contributory negligence. Operator's aforesaid indemnity is for the exclusive benefit of the Owner Indemnified Parties and in no event shall inure to the benefit of any other party.

Indemnity by Operator. Operator shall fully indemnify, save harmless and defend Owner, Lenders, each of Steamboat Project O&M Operation and Maintenance Agreement - Steamboat Plants their subsidiaries and Affiliates, and the directors, officers, shareholders, agents, employees, successors and assigns of each of them (the "Owner Indemnified Parties"), from and against any and all liability arising from third party claims, suits, losses, costs, damages, injuries, liabilities, Operation and Maintenance Agreement - Ormesa Plants demands, penalties, interest and causes of action, including without limitation reasonable attorney's fees, (collectively, the "Damages"), arising out of, resulting from, or related to this Agreement, including without limitation any damage to or destruction of property, or death of or bodily injury to, any person (whether they are employees of the Owner Indemnified Parties, Operator or any subcontractor, or are persons unaffiliated with the Plants Facility and/or the Xxxxx) to the extent caused by Operator's gross negligence or willful misconduct, if the claim or cause of action has arisen prior to the termination, expiration or completion of this Agreement or within 3 (three) years thereafter. It is expressly agreed that where the Owner Indemnified Parties are contributorily negligent, such contributory negligence will not preclude recovery under the preceding sentence, but Operator's indemnity will not include Damages to the extent caused by such contributory negligence. Operator's aforesaid indemnity is for the exclusive benefit of the Owner Indemnified Parties and in no event shall inure to the benefit of any other party.