Common use of Indemnity by Seller Clause in Contracts

Indemnity by Seller. Seller shall release, indemnify, defend, and hold harmless Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representatives against and from any and all actions, suits, losses, costs, damages, injuries, liabilities, claims, demands, penalties and interest, including reasonable costs and attorneys’ fees (“Claims”) resulting from, or arising out of or in any way connected with (i) any event, circumstance, act, or incident relating to the Product delivered under this Agreement up to and at the Delivery Point, (ii) Seller’s development, permitting, construction, ownership, operation and/or maintenance of the Project, (iii) the failure by Seller or the failure of the Project to comply with applicable Law, including without limitation the CAISO Tariff, (iv) any Governmental Charges for which Seller is responsible hereunder, or (v) any liens, security interests, encumbrances, or other adverse claims against the Product delivered hereunder made by, under, or through Seller, in all cases including, without limitation, any Claim for or on account of injury, bodily or otherwise, to or death of persons, or for damage to or destruction of property belonging to Buyer, Seller, or others, excepting only such Claim to the extent caused by the willful misconduct or gross negligence of Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representatives.

Indemnity by Seller. Seller shall release, indemnify, defend, and hold harmless Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representatives against and from any and all actions, suits, losses, costs, damages, injuries, liabilities, claims, demands, penalties and interest, including reasonable costs and attorneys’ fees (“Claims”) resulting from, or arising out of or in any way connected with (i) any event, circumstance, act, or incident relating to the Product delivered under this Agreement up to and at the Delivery Point, (ii) Seller’s development, permitting, construction, ownership, operation and/or maintenance of the Project, (iii) the failure by Seller or the failure of the Project to comply with applicable Law, including without limitation the CAISO Tariff, (iv) any Governmental Charges for which Seller is responsible hereunder, or (v) any liens, security interests, encumbrances, or other adverse claims against the Product delivered hereunder made by, under, or through Seller, in all cases including, without limitation, any Claim for or on account of injury, bodily or otherwise, to or death of persons, or for damage to or destruction of property belonging to Buyer, Seller, or others, excepting only such Claim to the extent caused by the willful misconduct or gross negligence of Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representatives.

Indemnity by Seller. Seller shall release, indemnify, defend, indemnify and hold harmless Buyer, its Affiliates, and its and their directors, officers, employees, agents, attorneys, representatives and representatives Affiliates (“Buyer Group”) against and from any and all actionsIndemnifiable Losses, suits, losses, costs, damages, injuries, liabilities, claims, demands, penalties and interest, including reasonable costs and attorneys’ fees (“Claims”) resulting from, or arising which arise out of or relate to or are in any way connected with (ia) any event, circumstance, act, or incident relating to the Product delivered under this Agreement up to and at the Delivery Point, Energy Storage Services (iib) Seller’s ownership, development, permittingconstruction, operation and/or maintenance of the Project or the Site; (c) Third Party Claims arising from Seller’s actions or inactions, including Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation and/or or maintenance of the Project; (d) any environmental matters associated with the Project or the Site, (iii) including the failure disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the failure Seller’s direction or agreement; or (e) resulting from Seller’s violation of the Project to comply with any applicable Law, or requirements of Transmission Provider, NERC, WECC or Reliability Organization; in each case including without limitation the CAISO Tariffany loss, (iv) any Governmental Charges for which Seller is responsible hereunderclaim, action or (v) any lienssuit, security interests, encumbrances, or other adverse claims against the Product delivered hereunder made by, under, or through Seller, in all cases including, without limitation, any Claim for or on account of injury, bodily or otherwise, to to, or death of of, persons, or for damage to or destruction or economic loss of property belonging to Buyer, Seller, or others, excepting only such Claim Indemnifiable Losses, to the extent solely caused by the willful misconduct or gross negligence of Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representativesa member of the Buyer Group.

Indemnity by Seller. Seller shall release, indemnify, defend, indemnify and hold harmless BuyerPacifiCorp, its Affiliates, and its and their directors, officers, employees, agents, and representatives against and from any and all actionsloss, suitsfines, losses, costs, damages, injuries, liabilitiespenalties, claims, demands, penalties and interestactions or suits, including reasonable costs and attorneys’ fees (“Claims”) attorney’s fees, both at trial and on appeal, resulting from, or arising out of or in any way connected with (ia) any event, circumstance, act, or incident relating to the Product energy and Renewable Energy Credits delivered by Seller under this Agreement up to and at the Delivery PointPoint of Delivery, (iib) any facilities on Seller’s side of the Point of Delivery, (c) Seller’s development, permitting, construction, ownership, operation and/or maintenance of the ProjectFacility, or (iiid) arising from Seller’s breach of any duty or obligation imposed upon Seller under the failure by Seller or the failure terms of the Project to comply with applicable Lawthis Agreement, including without limitation the CAISO Tariffany loss, (iv) any Governmental Charges for which Seller is responsible hereunderclaim, action or (v) any lienssuit, security interests, encumbrances, or other adverse claims against the Product delivered hereunder made by, under, or through Seller, in all cases including, without limitation, any Claim for or on account of injury, bodily or otherwise, to to, or death of of, persons, or for damage to to, or destruction or economic loss of property belonging to BuyerPacifiCorp, Seller, Seller or others, excepting only such Claim to the extent loss, claim, action or suit as may be caused solely by the willful misconduct fault or gross negligence of BuyerPacifiCorp, its Affiliates, and its and their directors, officers, employees, agents, and agents or representatives.

Indemnity by Seller. Seller shall release, indemnify, defend, and hold harmless Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representatives against and from any and all third party actions, suits, losses, costs, damages, injuries, liabilities, claims, demands, penalties and interest, including reasonable costs and attorneys’ fees (“Claims”) resulting from, or arising out of or in any way connected with (i) any event, circumstance, act, or incident relating to the Product delivered under this Agreement up to and at the Delivery Point, (ii) Seller’s development, permitting, construction, ownership, operation and/or maintenance of the Project, (iii) the failure by Seller or the failure of the Project to comply with applicable Law, including without limitation the CAISO Tariff, (iv) any Governmental Charges for which Seller is responsible hereunder, or (v) any liens, security interests, encumbrances, or other adverse claims against the Product delivered hereunder made by, under, or through Seller, in all cases including, without limitation, any Claim for or on account of injury, bodily or otherwise, to or death of persons, or for damage to or destruction of property belonging to Buyer, Seller, or others, excepting only such Claim to the extent caused by the willful misconduct or gross negligence of Buyer, its Affiliates, and its and their directors, officers, employees, agents, and representatives.