Common use of Liability for Injury and Damages Clause in Contracts

Liability for Injury and Damages. Member assumes full responsibility for electric energy furnished to Member at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless from all claims for both injuries to persons, including death resulting therefrom, and damages to property occurring upon the premises owned or operated by Member arising from electric power and energy delivered by Cooperative or in any way arising directly or indirectly from Member’s generating installation or conditions on Member’s premises, except to the extent when the (i) negligence or willful except (i) when the negligence of Cooperative or its agent or agents was the sole proximate cause of injuries, including death therefrom, to Member or to employees of Member or in the case of a residential Member, to all members of the household; and (ii) as to all other injuries and damages, to the extent that injuries or damages are proximately caused by or result in whole or in part from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative’s facilities or any condition on Member’s premises or (b) the breach by Cooperative of any provision of any contract regarding purchase and/or sale of electrical energy or service between Cooperative and Member. The Cooperative will not be liable for either direct or consequential damages resulting from failures, interruptions, or voltage and wave form fluctuations occasioned by causes reasonably beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any commission, tribunal, or governmental authority having jurisdiction. For claims resulting from failures, interruptions, or voltage and wave from fluctuations occasioned in whole or in part by the negligence or willful misconduct of the Cooperative or its agent(s), the Cooperative will be liable only for that portion of the damages arising from personal injury, death of persons, or costs of necessary repairs to or reasonable replacement of electrical and interconnect equipment proximately caused by the negligent or willful misconduct of the Cooperative or its agent(s). The Cooperative will not be liable in any event for consequential damages.

Liability for Injury and Damages. Member Producer assumes full responsibility for electric energy furnished to Member him at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless from all claims for both injuries to persons, including death resulting therefrom, and damages to property occurring upon the premises owned or operated by Member Producer arising from electric power and energy delivered by Cooperative or in any way arising directly or indirectly from Member’s Producer's generating installation or conditions on Member’s premises, except to the extent when the (i) negligence or willful except (i) when the negligence of Cooperative or its agent or agents was the sole proximate cause of injuries, including death therefrom, to Member Producer or to employees of Member Producer or in the case of a residential MemberCustomer/Producer, to all members Customers of the household; and (ii) as to all other injuries and damages, to the extent that injuries or damages are proximately caused by or result in whole or in part from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative’s 's facilities or any condition on Member’s Producer's premises or (b) the breach by Cooperative of any provision of any contract regarding purchase and/or sale of electrical energy or service between Cooperative and MemberProducer. The Cooperative will shall not be liable for either direct or consequential damages resulting from failures, interruptions, or voltage and wave form fluctuations occasioned by causes reasonably beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceeding or action, or any order of any commission, tribunal, tribunal or governmental authority having jurisdiction. For claims resulting from failures, interruptions, or voltage and wave from form fluctuations occasioned in whole or in part by the negligence or willful misconduct of the Cooperative or its agent(s), the Cooperative will shall be liable only for that portion of the damages arising from personal injury, death of persons, or costs of necessary repairs to or reasonable replacement of electrical and interconnect equipment proximately caused by the negligent or willful misconduct acts of the Cooperative or its agent(s). The Cooperative will shall not be liable in any event for consequential damages.

Liability for Injury and Damages. Member assumes full responsibility for electric energy furnished to Member at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless from all claims for both injuries to persons, including death resulting therefrom, and damages to property occurring upon the premises owned or operated by Member arising from electric power and energy delivered by Cooperative or in any way arising directly or indirectly from Member’s 's generating installation or conditions on Member’s premises, except to the extent when the (i) negligence or willful except (i) when the negligence misconduct of Cooperative or its agent or agents was the sole proximate cause of injuries, including death therefrom, to Member or to employees of Member or in the case of a residential Member, to all members of the household; and household or (ii) as to all other injuries and damages, to the extent that injuries or damages are proximately caused by or result in whole or in part from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative’s facilities or any condition on Member’s premises or (b) the breach by Cooperative of any provision of any contract regarding purchase and/or sale of electrical energy or service this Interconnection Agreement between Cooperative and Member. The Cooperative will shall not be liable for either direct or consequential damages resulting from failures, interruptions, or voltage and wave form fluctuations occasioned by causes reasonably beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceeding or action, or any order of any commission, tribunal, tribunal or governmental authority having jurisdiction. For claims resulting from failures, interruptions, or voltage and wave from form fluctuations occasioned in whole or in part by the negligence or willful misconduct of the Cooperative or its agent(s), the Cooperative will shall be liable only for that portion of the damages arising from personal injury, death of persons, or costs of necessary repairs to or reasonable replacement of electrical and interconnect equipment proximately caused by the negligent or willful misconduct of the Cooperative or its agent(s). The Cooperative will shall not be liable in any event for consequential damages.

Liability for Injury and Damages. Member assumes full responsibility for electric energy furnished to Member him or her at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless from all claims for both injuries to persons, including death resulting therefrom, and damages to property occurring upon the premises owned or operated by Member arising from electric power and energy delivered by Cooperative or in any way arising directly or indirectly from Member’s 's generating installation or conditions on Member’s premises, except to the extent when the (i) negligence or willful except (i) when the negligence of Cooperative or its agent or agents was the sole proximate cause of injuries, including death therefrom, to Member or to employees of Member or in the case of a residential Member, to all members of the household; and (ii) as to all other injuries and damages, to the extent that injuries or damages are proximately caused by or result in whole or in part from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative’s 's facilities or any condition on Member’s 's premises or (b) the breach by Cooperative of any provision of any contract regarding purchase and/or sale of electrical energy or service between Cooperative and Member. The Cooperative will shall not be liable for either direct or consequential damages resulting from failures, interruptions, or voltage and wave form fluctuations occasioned by causes reasonably beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceeding or action, or any order of any commission, tribunal, tribunal or governmental authority having jurisdiction. For claims resulting from failures, interruptions, or voltage and wave from form fluctuations occasioned in whole or in part by the negligence or willful misconduct of the Cooperative or its agent(s), the Cooperative will shall be liable only for that portion of the damages arising from personal injury, death of persons, or costs of necessary repairs to or reasonable replacement of electrical and interconnect equipment proximately caused by the negligent or willful misconduct acts of the Cooperative or its agent(s). The Cooperative will shall not be liable in any event for consequential damages.