Common use of Indemnity by the Company Clause in Contracts

Indemnity by the Company. In addition to the Company’s obligations and JPS’ remedies provided elsewhere in this Agreement, the Company will bear responsibility for loss of or damage to property, death or injury to person, and any other liabilities, damages, losses and reasonable costs and expenses (including, but not limited to, legal fees and expert witness fees) (or any claim against JPS in respect thereof) suffered by JPS as a direct and foreseeable consequence of the Company’s conduct: 12.1.1 During the design, financing, construction, ownership, operation or maintenance of the Facility resulting from any negligent act or omission of the Company its servants or agents, and through no fault of JPS, its servants or agents; 12.1.2 In connection with, arising out of, or resulting from, any breach of warranty, material misrepresentation by the Company, or non-performance of any term, condition, covenant or obligation to be performed by the Company under this Agreement or any other agreement comprising Material Agreements; or 12.1.3 Arising out of the failure of the Company’s representatives and/or agents and/or contractors to observe the health and safety procedures, guidelines and policies of JPS while on property owned and/or controlled by JPS provided that the safety rules, guidelines and procedures were prominently displayed or otherwise communicated to them; 12.1.4 In connection with any claim, proceeding or action brought against JPS under any applicable national or local environmental laws or regulations resulting from the activities of the Company, including without limitation the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the Facility, the contamination of the soil, air, or water around the Site, or any pollution abatement, replacement, removal or other decontamination or monitoring obligations with respect thereto; provided that with respect to this Clause 12.1.3, the Company shall not be responsible for any liabilities, damages, losses, costs or expenses suffered by JPS unless such liabilities, damages, losses, costs or expenses resulted from the Company’s violation of national or local environmental laws or regulations, as determined by a court, governmental authority or arbitrator of competent jurisdiction. The Company will hold JPS fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses. The Company’s indemnities, however, shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it was caused by any act or omission of JPS or the failure of JPS to take reasonable steps in mitigation thereof or the breach by JPS, its servants or agents of the provisions of Clause 6.9.2 hereof. Notwithstanding anything to the contrary contained in this Clause 12.1, nothing in this Clause 12.1 shall apply to any loss, damage, death, injury, liability, cost or expenses (or any claim in respect thereof) to the extent that, JPS is compensated pursuant to the terms of any agreement comprising the Material Agreements.

Indemnity by the Company. In addition to the Company’s 's obligations and JPS’ remedies provided elsewhere in this Agreement, the Company will bear responsibility shall be liable for loss of or damage to property, death or injury to person, and any other liabilities, damages, losses and reasonable costs and expenses (including, but not limited to, legal fees and expert witness fees) (fees or any claim against JPS in respect thereof) suffered by JPS as a direct and foreseeable consequence of the Company’s conduct:conduct:- 12.1.1 During 11.1.1. during the design, financing, construction, ownership, operation or maintenance of the Facility Complex resulting from any negligent act or omission of the Company Company, its servants or agents, and through no fault of JPS, its servants or agents; 12.1.2 In 11.1.2. in connection with, arising out of, or resulting from, any breach of warranty, material misrepresentation by the Company, or non-non- performance of any term, condition, covenant or obligation to be performed by the Company under this Agreement or any other agreement comprising Material AgreementsAgreement; or 12.1.3 Arising 11.1.3. arising out of the failure of the Company’s representatives and/or agents and/or contractors to utilise adequate and necessary equipment and/or to observe the health and safety procedures, guidelines and policies of JPS while on property owned and/or controlled by JPS provided that the safety rules, guidelines and procedures were prominently displayed or otherwise communicated to them;the Company. 12.1.4 11.1.4. In connection with any claim, proceeding or action brought against JPS under any applicable national or local environmental laws or regulations resulting from the activities of the Company, including without limitation the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the Facility, the contamination of the soil, air, or water around the Site, or any pollution abatement, replacement, removal or other decontamination or monitoring obligations with respect thereto; provided that with respect to this Clause 12.1.311.1.4, the Company shall not be responsible for any liabilities, damages, losses, costs or expenses suffered by JPS unless such liabilities, damages, losses, costs or expenses resulted from the Company’s violation of national or local environmental laws or regulations, as determined by a court, governmental authority or arbitrator of competent jurisdiction. 11.1.5. The Company will hold JPS fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses. The Company’s indemnities, however, shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it was caused by any act or omission of JPS or the failure of JPS to take reasonable steps in mitigation thereof or the breach by JPS, its servants or agents of the provisions of Clause 6.9.2 6.7.2 hereof. 11.1.6. Notwithstanding anything to the contrary contained in this Clause 12.111.1, nothing in this Clause 12.1 11.1.4 shall apply to any loss, damage, death, injury, liability, cost or expenses (or any claim in respect thereof) to the extent that, JPS is compensated pursuant to the terms of any agreement comprising the Material Agreementsthis Agreement.

Indemnity by the Company. In addition to the Company’s 's obligations and JPS’ remedies provided elsewhere in this Agreement, the Company will bear responsibility shall be liable for loss of or damage to property, death or injury to person, and any other liabilities, damages, losses and reasonable costs and expenses (including, but not limited to, legal fees and expert witness fees) (fees or any claim against JPS in respect thereof) suffered by JPS as a direct and foreseeable consequence of the Company’s conduct:conduct:- 12.1.1 During 10.1.1. during the design, financing, construction, ownership, operation or maintenance of the Facility Complex resulting from any negligent act or omission of the Company its servants or agents, and through no fault of JPS, its servants or agents; 12.1.2 In 10.1.2. in connection with, arising out of, or resulting from, any breach of warranty, material misrepresentation by the Company, or non-non- performance of any term, condition, covenant or obligation to be performed by the Company under this Agreement or any other agreement comprising Material AgreementsAgreement; or 12.1.3 Arising 10.1.3. arising out of the failure of the Company’s representatives and/or agents and/or contractors to utilise adequate and necessary equipment and/or to observe the health and safety procedures, guidelines and policies of JPS while on property owned and/or controlled by JPS provided that the safety rules, guidelines and procedures were prominently displayed or otherwise communicated to them;the Company. 12.1.4 10.1.4. In connection with any claim, proceeding or action brought against JPS under any applicable national or local environmental laws or regulations resulting from the activities of the Company, including without limitation the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the Facility, the contamination of the soil, air, or water around the Site, or any pollution abatement, replacement, removal or other decontamination or monitoring obligations with respect thereto; provided that with respect to this Clause 12.1.310.1.4, the Company shall not be responsible for any liabilities, damages, losses, costs or expenses suffered by JPS unless such liabilities, damages, losses, costs or expenses resulted from the Company’s violation of national or local environmental laws or regulations, as determined by a court, governmental authority or arbitrator of competent jurisdiction. 10.1.5. The Company will hold JPS fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses. The Company’s indemnities, however, shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it was caused by any act or omission of JPS or the failure of JPS to take reasonable steps in mitigation thereof or the breach by JPS, its servants or agents of the provisions of Clause 6.9.2 6.7.2 hereof. 10.1.6. Notwithstanding anything to the contrary contained in this Clause 12.110.1, nothing in this Clause 12.1 10.1.4 shall apply to any loss, damage, death, injury, liability, cost or expenses (or any claim in respect thereof) to the extent that, JPS is compensated pursuant to the terms of any agreement comprising the Material Agreementsthis Agreement.

Indemnity by the Company. In addition to the Company’s 's obligations and JPS’ remedies provided elsewhere in this Agreement, the Company will bear responsibility shall be liable for the performance of the obligations herein and for loss of or damage to property, death or injury to person, and any other liabilities, damages, losses and reasonable costs and expenses (including, but not limited to, legal fees and expert witness fees) (fees or any claim against JPS in respect thereof) suffered by JPS as a direct and foreseeable consequence of the Company’s conductconduct :- 12.1.1 During 10.1.1 during the design, financing, construction, ownership, operation or maintenance of the Facility Complex resulting from any negligent act or omission of the Company its servants or agents, and through no fault of JPS, its servants or agents; 12.1.2 In 10.1.2 in connection with, arising out of, or resulting from, any breach of warranty, material misrepresentation by the Company, or non-performance of any term, condition, covenant or obligation to be performed by the Company under this Agreement or any other agreement comprising Material AgreementsAgreement; or 12.1.3 Arising 10.1.3 arising out of the failure of the Company’s representatives and/or agents and/or contractors to observe the health and safety procedures, guidelines and policies of JPS while on property owned and/or controlled by JPS provided that the safety rules, guidelines and procedures were prominently displayed or otherwise communicated to them;. 12.1.4 10.1.4 In connection with any claim, proceeding or action brought against JPS under any applicable national or local environmental laws or regulations resulting from the activities of the Company, including without limitation the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the Facility, the contamination of the soil, air, or water around the Site, or any pollution abatement, replacement, removal or other decontamination or monitoring obligations with respect thereto; provided that with respect to this Clause 12.1.310.1.4, the Company shall not be responsible for any liabilities, damages, losses, costs or expenses suffered by JPS unless such liabilities, damages, losses, costs or expenses resulted from the Company’s violation of national or local environmental laws or regulations, as determined by a court, governmental authority or arbitrator of competent jurisdiction. The Company will hold JPS fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses. The Company’s indemnities, however, shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it was caused by any act or omission of JPS or the failure of JPS to take reasonable steps in mitigation thereof or the breach by JPS, its servants or agents of the provisions of Clause 6.9.2 6.7.2 hereof. Notwithstanding anything to the contrary contained in this Clause 12.110.1, nothing in this Clause 12.1 10.1.4 shall apply to any loss, damage, death, injury, liability, cost or expenses (or any claim in respect thereof) to the extent that, JPS is compensated pursuant to the terms of any agreement comprising the Material Agreementsthis Agreement.

Indemnity by the Company. In addition to the Company’s obligations and JPS’ remedies provided elsewhere in this Agreement, the Company will bear responsibility for loss of or damage to property, death or injury to person, and any other liabilities, damages, losses and reasonable costs and expenses (including, but not limited to, legal fees and expert witness fees) (or any claim against JPS in respect thereof) suffered by JPS as a direct and foreseeable consequence of the Company’s conduct: 12.1.1 During the design, financing, construction, ownership, operation or maintenance of the Facility resulting from any negligent act or omission of the Company its servants or agents, and through no fault of JPS, its servants or agents; 12.1.2 In connection with, arising out of, or resulting from, any breach of warranty, material misrepresentation by the Company, or non-performance of any term, condition, covenant or obligation to be performed by the Company under this Agreement or any other agreement comprising Material Agreements; or 12.1.3 Arising out of the failure of the Company’s representatives and/or agents and/or contractors to observe the health and safety procedures, guidelines and policies of JPS while on property owned and/or controlled by JPS provided that the safety rules, guidelines and procedures were prominently displayed or otherwise communicated to them; 12.1.4 In connection with any claim, proceeding or action brought against JPS under any applicable national or local environmental laws or regulations resulting from the activities of the Company, including without limitation the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the Facility, the contamination of the soil, air, or water around the Site, or any pollution abatement, replacement, removal or other decontamination or monitoring obligations with respect thereto; provided that with respect to this Clause 12.1.312.1.4, the Company shall not be responsible for any liabilities, damages, losses, costs or expenses suffered by JPS unless such liabilities, damages, losses, costs or expenses resulted from the Company’s violation of national or local environmental laws or regulations, as determined by a court, governmental authority or arbitrator of competent jurisdiction. The Company will hold JPS fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses. The Company’s indemnities, however, shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it was caused by any act or omission of JPS or the failure of JPS to take reasonable steps in mitigation thereof or the breach by JPS, its servants or agents of the provisions of Clause 6.9.2 hereof. Notwithstanding anything to the contrary contained in this Clause 12.1, nothing in this Clause 12.1 shall apply to any loss, damage, death, injury, liability, cost or expenses (or any claim in respect thereof) to the extent that, JPS is compensated pursuant to the terms of any agreement comprising the Material Agreements.

Indemnity by the Company. In addition to the Company’s obligations and JPS’ remedies provided elsewhere in this Agreement, the Company will bear responsibility shall be liable for loss of or damage to property, death or injury to person, and any other liabilities, damages, losses and reasonable costs and expenses (including, but not limited to, legal fees and expert witness fees) (fees or any claim against JPS in respect thereof) suffered by JPS as a direct and foreseeable consequence of the Company’s conduct: 12.1.1 During 12.1.1. during the design, financing, construction, ownership, operation or maintenance of the Facility Complex resulting from any negligent act or omission of the Company Company, its servants or agents, and through no fault of JPS, its servants or agents; 12.1.2 In 12.1.2. in connection with, arising out of, or resulting from, any breach of warranty, material misrepresentation by the Company, or non-performance of any term, condition, covenant or obligation to be performed by the Company under this Agreement or any other agreement comprising Material AgreementsAgreement; or 12.1.3 Arising 12.1.3. arising out of the failure of the Company’s representatives and/or agents and/or contractors to utilise adequate and necessary equipment and/or to observe the health and safety procedures, guidelines and policies of JPS while on property owned and/or controlled by JPS provided that the safety rules, guidelines and procedures were prominently displayed or otherwise communicated to them;the Company. 12.1.4 12.1.4. In connection with any claim, proceeding or action brought against JPS under any applicable national or local environmental laws or regulations resulting from the activities of the Company, including without limitation the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the FacilityComplex, the contamination of the soil, air, or water around the Site, or any pollution abatement, replacement, removal or other decontamination or monitoring obligations with respect thereto; provided that with respect to this Clause 12.1.312.1.4, the Company shall not be responsible for any liabilities, damages, losses, costs or expenses suffered by JPS unless such liabilities, damages, losses, costs or expenses resulted from the Company’s violation of national or local environmental laws or regulations, as determined by a court, governmental authority Governmental Authority or arbitrator of competent jurisdiction. 12.1.5. The Company will hold JPS fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses. The Company’s indemnities, however, shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it was caused by any act or omission of JPS or the failure of JPS to take reasonable steps in mitigation thereof or the breach by JPS, its servants or agents of the provisions of Clause 6.9.2 6.7.2 hereof. 12.1.6. Notwithstanding anything to the contrary contained in this Clause 12.1, nothing in this Clause 12.1 12.1.4 shall apply to any loss, damage, death, injury, liability, cost or expenses (or any claim in respect thereof) to the extent that, JPS is compensated pursuant to the terms of any agreement comprising the Material Agreementsthis Agreement.