Common use of LIABILITIES, INDEMNITY AND INSURANCE Clause in Contracts

LIABILITIES, INDEMNITY AND INSURANCE. 7.1 FRIAA, its officers, directors, members, employees, contractors, affiliates, subsidiaries, partners or agents shall have no responsibility and shall not be liable whatsoever to the Recipient for any direct, indirect or consequential loss, injury or damage suffered by the Recipient as a result of the establishment or operation of the Project. 7.2 In the event that the Recipient sustains or suffers damages of any kind whatsoever resulting from the termination of the Project, the only claim of any kind that the Recipient may make against FRIAA is for liquidated damages in the sum of one ($1.00) dollar. 7.3 The Recipient shall be liable for and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from and against any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of this Agreement. This indemnity and hold harmless provision shall survive this Agreement. 7.4 The Recipient shall abide by all Environmental Laws with respect to the Project and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of any breach of any Environmental Laws by the Recipient, including any reclamation or remediation costs associated with the Project. This indemnity and hold harmless provision shall survive this Agreement. 7.5 The Recipient shall, at its own expense and without limiting its liabilities herein, insure its operations: (a) under a contract of General Liability Insurance in accordance with the insurance legislation of its jurisdiction, in an amount not less than 5 million dollars ($5,000,000) inclusive per occurrence, insuring against bodily injury, personal injury and property damage, including loss or use thereof, which insurance shall include products liability; and (b) an all risk replacement cost policy for property that the Recipient owns or has an insurable interest in which is used in any way in connection with the Project. FRIAA may require evidence of the required insurance in a form satisfactory to FRIAA at any time. All required insurance shall be endorsed to provide FRIAA with thirty (30) days’ Notice of cancellation or material change restricting coverage.

LIABILITIES, INDEMNITY AND INSURANCE. 7.1 FRIAA, its officers, directors, members, employees, contractors, affiliates, subsidiaries, partners or agents shall have no responsibility and shall not be liable whatsoever to the Recipient for any direct, indirect or consequential loss, injury or damage suffered by the Recipient as a result of the establishment or operation of the Project. 7.2 In the event that the Recipient sustains or suffers damages of any kind whatsoever resulting from the termination of the Project, the only claim of any kind that the Recipient may make against FRIAA is for liquidated damages in the sum of one ($1.00) dollar. 7.3 The Recipient shall be liable for and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from and against any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of this Agreement. This indemnity and hold harmless provision shall survive this Agreement. 7.4 The Recipient shall abide by all Environmental Laws with respect to the Project and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of any breach of any Environmental Laws by the Recipient, including any reclamation or remediation costs associated with the Project. This indemnity and hold harmless provision shall survive this Agreement. 7.5 The Recipient shall, at its own expense and without limiting its liabilities herein, insure its operations: (a) under a contract of General Liability Insurance in accordance with the insurance legislation of its jurisdiction, in an amount not less than 5  million dollars ($5,000,000,000,000) inclusive per occurrence, insuring against bodily injury, personal injury and property damage, including loss or use thereof, which insurance shall include products liability; and (b) an all risk replacement cost policy for property that the Recipient owns or has an insurable interest in which is used in any way in connection with the Project. FRIAA may require evidence of the required insurance in a form satisfactory to FRIAA at any time. All required insurance shall be endorsed to provide FRIAA with thirty (30) days’ Notice of cancellation or material change restricting coverage.

LIABILITIES, INDEMNITY AND INSURANCE. 7.1 FRIAAMNP, its officers, directors, members, employees, contractors, affiliates, subsidiaries, partners or agents and the Province, shall have no responsibility and shall not be liable whatsoever to the Recipient for any direct, indirect or consequential loss, injury or damage suffered by the Recipient as a result of the establishment or operation of the Project. 7.2 In the event that the Recipient sustains or suffers damages of any kind whatsoever resulting from the termination of the Project, the only claim of any kind that the Recipient may make against FRIAA is for liquidated damages in the sum of one ($1.00) dollar. 7.3 Study. The Recipient shall be liable for and indemnify and hold harmless FRIAAMNP and the Province and each of their respective, its officers and officers, directors, employees, agents, agents and contractors and their respective officers, directors and employees from and against any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of this Agreement, including without limitation, any breach of any Environmental Laws by the Recipient in the performance of the Study, including any reclamation or remediation costs associated with the Study. This indemnity and hold harmless provision shall survive this Agreement. 7.4 The Recipient shall abide by all Environmental Laws with respect to the Project and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of any breach of any Environmental Laws by the Recipient, including any reclamation or remediation costs associated with the Project. This indemnity and hold harmless provision shall survive this Agreement. 7.5 The Recipient shall, at its own expense expenses and without limiting its liabilities herein, insure its operations: (a) under a contract of General Liability Insurance in accordance with the insurance legislation of its jurisdiction, in an amount not less than 5 million dollars TWO MILLION ($5,000,0002,000,000.00) dollars inclusive per occurrence, insuring against bodily injury, personal injury and property damage, including loss or use thereof, which insurance shall include products liability; and (b) automobile liability on all vehicles owned, operated or licensed in the name of the Recipient, and if used in any way in connection with the Study, in an amount not less than ONE MILLION ($1,000,000.00) dollars; and (c) an all risk replacement cost policy for property that the Recipient owns or has an insurable interest in which is used in any way in connection with the ProjectStudy. FRIAA MNP may require evidence of the required insurance in a form satisfactory to FRIAA MNP at any time. All required insurance shall be endorsed to provide FRIAA MNP with thirty (30) days’ Notice of cancellation or material change restricting coverage. The foregoing insurance shall be primary and not require the sharing of any loss by any insurer of MNP. The Recipient hereby waives all rights of recourse against MNP with regard to damage to the Recipient’s property suffered as a result of the establishment or operation of the Study. The Recipient shall comply with the Workers’ Compensation Act RSBC 1996 and shall, if required under the Act and upon demand by MNP, deliver to MNP a certification from the Workers’ Compensation Board certifying that: (a) the Recipient is registered and in good standing with the Workers’ Compensation Board; (b) the Recipient is not required by the Workers’ Compensation Act and the regulations under the Act to have coverage thereunder in connection with the Study; and (c) MNP will not have current or future liability to the Workers’ Compensation Board as a consequence of this Agreement.

LIABILITIES, INDEMNITY AND INSURANCE. 7.1 FRIAA, its officers, directors, members, employees, contractors, affiliates, subsidiaries, partners or agents shall have no responsibility and shall not be liable whatsoever to the Recipient for any direct, indirect or consequential loss, injury or damage suffered by the Recipient as a result of the establishment or operation of the Project. 7.2 In the event that the Recipient sustains or suffers damages of any kind whatsoever resulting from the termination of the Project, the only claim of any kind that the Recipient may make against FRIAA is for liquidated damages in the sum of one ($1.00) dollar. 7.3 The Recipient shall be liable for and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from and against any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of this Agreement. This indemnity and hold harmless provision shall survive this Agreement. 7.4 The Recipient shall abide by all Environmental Laws with respect to the Project and indemnify and hold harmless FRIAA, its officers and directors, employees, agents, contractors and their respective officers, directors and employees from any and all liabilities, claims, demands, actions and costs (including legal costs on a solicitor-client basis) whatsoever that may arise directly or indirectly out of any act or omission of the Recipient or its officers, directors, shareholders, employees, contractors, affiliates, subsidiaries, partners or agents in respect of any breach of any Environmental Laws by the Recipient, including any reclamation or remediation costs associated with the Project. This indemnity and hold harmless provision shall survive this Agreement. 7.5 The Recipient shall, at its own expense and without limiting its liabilities herein, insure its operations: (a) under a contract of General Liability Insurance in accordance with the insurance legislation of its jurisdiction, in an amount not less than 5 five million dollars ($5,000,000) inclusive per occurrence, insuring against bodily injury, personal injury and property damage, including loss or use thereof, which insurance shall include products liability; and (b) an all risk replacement cost policy for property that the Recipient owns or has an insurable interest in which is used in any way in connection with the Project. FRIAA may require evidence of the required insurance in a form satisfactory to FRIAA at any time. All required insurance shall be endorsed to provide FRIAA with thirty (30) days’ Notice of cancellation or material change restricting coverage.