Indemnity by the Purchaser. 16.2.1 In addition to the Purchaser's obligations and the Seller's remedies provided elsewhere in this Agreement, the Purchaser 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 reasonable legal fees and expert witness fees) (or any claim against the Seller in respect thereof) suffered by the Seller: 16.2.1.1 during the design, financing, construction, ownership, operation or maintenance of the Plant resulting from any negligent act or omission of, or wilful misconduct of, the Purchaser; 16.2.1.2 in connection with, arising out of, or resulting from, any misrepresentation by the Purchaser or non-performance of any term, condition, covenant or obligation to be performed by the Purchaser under this Agreement; and 16.2.1.3 in connection with any claim, proceeding or action brought against the Seller under any applicable national or local environmental laws or regulations resulting from the Purchaser's ownership or operation of the Interconnection Facilities or the Purchaser Grid System, including the discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances from the Interconnection Facilities or the Purchaser Grid System, the contamination of the soil, air, or water around the Interconnection Facilities or the Purchaser Grid System, or any pollution abatement, replacement, removal, or other decontamination or monitoring obligations with respect thereto. 16.2.2 The Purchaser will hold the Seller fully indemnified in respect of the foregoing losses, damages, death, injuries, liabilities, costs and expenses; except that the Purchaser's indemnities shall not extend to any loss, damage, death, injury, liability, cost or expense (or any claim in respect thereof) to the extent that it (or a part thereof) was caused by any act or omission of the Seller or the failure of the Seller to take reasonable steps in mitigation thereof.
Appears in 7 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
