Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall release, indemnify and hold harmless PacifiCorp, its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "PacifiCorp Indemnitees") against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' fees, both at trial and on appeal, whether or not suit is brought) (collectively, "Liabilities") actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Facility or Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp Indemnitees. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's breach of the Generation Interconnection Agreement.
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall release, indemnify and hold harmless PacifiCorp, its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Facility or Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, to or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp Indemnitees. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's breach of the Generation Interconnection Agreement.
Appears in 7 contracts
Samples: Pro Forma Draft, Pro Forma Solar Agreement, Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall releaseindemnify, indemnify defend and hold harmless PacifiCorp, PacifiCorp and its divisions, Affiliates, Affiliates and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) from and against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the breach, performance or non-performance by Seller of its obligations hereunderunder this Agreement, or relating to the Facility or the Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entitythird party Person (not Affiliated with PacifiCorp), excepting only except to the extent such Liabilities as may be are caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesIndemnitee. Seller shall be is solely responsible for (and shall will indemnify, defend and hold harmless the PacifiCorp harmless against) Indemnitees from and against any damage that may occur as a direct result of Seller's and all Liabilities resulting from, arising out of, or in any way connected with the breach by Seller of the Generation Interconnection Agreement.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall releaseindemnify, indemnify defend and hold harmless PacifiCorp, Utility and its divisions, Affiliates, Affiliates and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "PacifiCorp “Utility Indemnitees"”) from and against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the breach, performance or non-performance by Seller of its obligations hereunderor covenants under this Agreement, or relating to the Facility or the Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entitythird party Person, excepting only except to the extent such Liabilities as may be are caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesUtility Indemnitee. Seller shall be is solely responsible for (and shall will indemnify, defend and hold PacifiCorp harmless against) the Utility Indemnitees from and against any damage that may occur as a direct result of Seller's and all Liabilities resulting from, arising out of, or in any way connected with the breach by Seller of the Generation Interconnection Agreement.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.53.4(d), Seller shall release, indemnify and hold harmless PacifiCorp, its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"Indemnities”) against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' attorney’s fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Facility or PremisesProject, for or on account of (i) injury, bodily bodily or otherwise, to, or death of, or (ii) for damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesIndemnities. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's ’s breach of the Generation Interconnection Agreement.
Appears in 2 contracts
Samples: Renewable Energy Credit Purchase and Sale Agreement, Renewable Energy Credit Purchase and Sale Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall releaseindemnify, indemnify defend and hold harmless PacifiCorp, PacifiCorp and its divisions, Affiliates, Affiliates and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) from and against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the breach, performance or non-performance by Seller of its obligations hereunderor covenants under this Agreement, or relating to the Storage Facility or the Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entitythird party Person (not Affiliated with PacifiCorp), excepting only except to the extent such Liabilities as may be are caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesIndemnitee. Seller shall be is solely responsible for (and shall will indemnify, defend and hold harmless the PacifiCorp harmless against) Indemnitees from and against any damage that may occur as a direct result of Seller's and all Liabilities resulting from, arising out of, or in any way connected with the breach by Seller of the Generation Interconnection Agreement.
Appears in 2 contracts
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall releaseindemnify, indemnify defend and hold harmless PacifiCorp, PacifiCorp and its divisions, Affiliates, Affiliates and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) from and against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the breach, performance or non-performance by Seller of its obligations hereunderor covenants under this Agreement, or relating to the Facility or the Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entitythird party Person (not Affiliated with PacifiCorp), excepting only except to the extent such Liabilities as may be are caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesIndemnitee. Seller shall be is solely responsible for (and shall will indemnify, defend and hold harmless the PacifiCorp harmless against) Indemnitees from and against any damage that may occur as a direct result of Seller's and all Liabilities resulting from, arising out of, or in any way connected with the breach by Seller of the Generation Interconnection Agreement.
Appears in 2 contracts
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall release, indemnify and hold harmless PacifiCorp, its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "PacifiCorp Indemnitees") against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' fees, both at trial and on appeal, whether or not suit is brought) (collectively, "Liabilities") actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Facility or PremisesFacility, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp Indemnitees. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's breach of the Generation Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall release, indemnify and hold harmless PacifiCorp, its its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "PacifiCorp Indemnitees") against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' fees, both at trial and on appeal, whether or not suit is brought) (collectively, "Liabilities") actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Facility or Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp Indemnitees. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's breach of the Generation Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall releaseindemnify, indemnify defend and hold harmless PacifiCorp, Utility and its divisions, Affiliates, Affiliates and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "PacifiCorp “Utility Indemnitees"”) from and against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the breach, performance or non-performance by Seller of its obligations hereunderor covenants under this Agreement, or relating to the Facility or the Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entitythird party Person, excepting only except to the extent such Liabilities as may be are caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesUtility Indemnitee. Seller shall be is solely responsible for (and shall will indemnify, defend and hold PacifiCorp harmless against) the Utility Indemnitees from and against any damage that may occur as a direct result of Seller's and all Liabilities resulting from, arising out of, or in any way connected with the breach by Seller of the Generation Interconnection Agreement.. 36
Appears in 1 contract
Samples: Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall release, indemnify and hold harmless PacifiCorp, its its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Facility or Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesIndemnitees or by Seller’s compliance with Requirements of Law. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's ’s breach of the Generation Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall release, indemnify and hold harmless PacifiCorp, its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, of, or in any way connected with, the performance by Seller of its obligations hereunder, or relating to the Renewable Energy Facility or Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp IndemniteesIndemnitees or by Seller’s compliance with Requirements of Law. Seller shall be solely responsible for (and shall defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's ’s breach of the Generation Interconnection Agreement.
Appears in 1 contract
Samples: Non Firm Qualifying Facility Power Purchase Agreement
Indemnity by Seller. To the extent permitted by Requirements of Law and subject to Section 12.1.5, Seller shall releasereleases, indemnify indemnifies and hold holds harmless PacifiCorp, its divisions, Affiliates, and each of its and their respective directors, officers, employees, agents, and representatives (collectively, the "“PacifiCorp Indemnitees"”) against and from any and all losses, fines, penalties, claims, demands, damages, liabilities, actions or suits of any nature whatsoever (including legal costs and attorneys' ’ fees, both at trial and on appeal, whether or not suit is brought) (collectively, "“Liabilities"”) actually or allegedly resulting from, or arising out of, or in any way connected with, the performance by Seller of its obligations hereunderunder this Agreement, or relating to the Facility or Premises, for or on account of injury, bodily or otherwise, to, or death of, or damage to, or destruction or economic loss of property of, any person or entity, excepting only to the extent such except for Liabilities as may be caused by the gross negligence or willful misconduct of any person or entity within the PacifiCorp Indemnitees. Seller shall be is solely responsible for (and shall will defend and hold PacifiCorp harmless against) any damage that may occur as a direct result of Seller's ’s breach of the Generation Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement