Common use of LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY Clause in Contracts

LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY. Receiving Company shall indemnify and hold harmless Providing Company's Indemnitees in respect of all Liabilities related to, arising from asserted against or associated with Providing Company' furnishing or failing to furnish the Services provided for in this Agreement, other than Liabilities arising out of the willful misconduct following the Effective Date of Providing Company or any member of Providing Company's Group. The provisions of this indemnity shall apply only to losses which relate directly to the provision of Services. Such indemnification obligation shall be a Liability of Receiving Company for purposes of the Contribution and Distribution Agreement and the provisions of Article V thereof with respect to indemnification shall govern with respect thereto. In no event shall Receiving Company or any member of Receiving Company's Group have any Liability for any incidental, indirect, special or consequential damages, whether or not caused by or resulting from negligence or breach of obligations hereunder and whether or not informed of the possibility of the existence of such damages.

LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY. Receiving Company shall indemnify and hold harmless the Providing Company's Indemnitees in respect of all Liabilities related to, arising from from, asserted against or associated with Providing Company' 's furnishing or failing to furnish the Services provided for in this Agreement, other than Liabilities arising out of the willful misconduct following the Effective Closing Date of Providing Company or any member of the Providing Company's Group. The provisions of this indemnity shall apply only to losses which relate directly to the provision of Services. Such indemnification obligation shall be a Liability of the Receiving Company for purposes of the Contribution Separation and Distribution Agreement and the provisions of Article V thereof with respect to indemnification shall govern with respect thereto. In no event shall Receiving Company or any member of the Receiving Company's Group have any Liability for any incidental, indirect, special or consequential damages, whether or not caused by or resulting from negligence or 15 breach of obligations hereunder and whether or not informed of the possibility of the existence of such damages.

LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY. Receiving Company shall indemnify and hold harmless Providing Company's Indemnitees in respect of all Liabilities related to, arising from asserted against or associated with Providing Company' furnishing or failing to furnish the Services provided for in this Agreement, other than Liabilities arising out of the willful misconduct following the Effective Date of Providing Company or any member of Providing Company's Group. The provisions of this indemnity shall apply only to losses which relate directly to the provision of Services. Such indemnification obligation shall be a Liability of Receiving Company for purposes of the Contribution Separation and Distribution Agreement and the provisions of Article V thereof with respect to indemnification shall govern with respect thereto. In no event shall Receiving Company or any member of Receiving Company's Group have any Liability for any incidental, indirect, special or consequential damages, whether or not caused by or resulting from negligence or breach of obligations hereunder and whether or not informed of the possibility of the existence of such damages.

LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY. Receiving Company shall indemnify and hold harmless Providing Company's Indemnitees in respect of all Liabilities related to, arising from asserted against or associated with Providing Company' Company furnishing or failing to furnish the Services provided for in this Agreement, other than Liabilities arising out of the willful misconduct or gross negligence following the Effective Date of Providing Company or any member of Providing Company's Group. The provisions of this indemnity shall apply only to losses which relate directly to the provision of Services. Such indemnification obligation shall be a Liability of Receiving Company for purposes of the Contribution and Distribution Agreement and the provisions of Article V IV thereof with respect to indemnification shall govern with respect thereto. In no event shall Receiving Company or any member of Receiving Company's Group have any Liability for any incidental, indirect, special or consequential damages, whether or not caused by or resulting from negligence or breach of or obligations hereunder and whether or not informed of the possibility of the existence of such damages.

LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY. Each Receiving Company shall indemnify and hold harmless each Providing Company's Indemnitees Company in respect of all Liabilities related to, arising out of or resulting from asserted against or associated with the Providing Company' 's furnishing or failing to furnish the Services provided for in this Agreement, other than Liabilities arising out of or resulting from the gross negligence or willful misconduct following of the Effective Date of Providing Company or any member of Providing Company's Group. The provisions of this indemnity shall apply only to losses which that relate directly to the provision of Services. Such indemnification obligation shall be a Liability of the Receiving Company for purposes of the Contribution and Distribution Genco Separation Agreement and the provisions of Article V thereof III of the Genco Separation Agreement with respect to indemnification shall govern with respect thereto. In no event shall a Receiving Company or any member of Receiving Company's Group its Subsidiaries have any Liability under this Agreement or otherwise arising out of or resulting from the performance of, or the failure to perform, Services for loss of anticipated profits by reason of any business interruption, facility shutdown or non-operation, loss of data or otherwise or for any incidental, indirect, special or consequential damages, whether or not caused by or resulting from negligence negligence, including gross negligence, or breach of obligations hereunder and whether or not the Providing Company or any of its Subsidiaries was informed of the possibility of the existence of such damages.

LIMITATION OF LIABILITY; INDEMNIFICATION OF PROVIDING COMPANY. Receiving Company shall indemnify and hold harmless the Providing Company's ’s Indemnitees in respect of all Liabilities related to, arising from from, asserted against or associated with Providing Company' ’s furnishing or failing to furnish the Services provided for in this Agreement, other than Liabilities arising out of the willful misconduct or gross negligence following the Effective Date of Providing Company or any member of the Providing Company's ’s Group. The provisions of this indemnity shall apply only to losses which relate directly to the provision of Services. Such indemnification obligation shall be a Liability of the Receiving Company for purposes of the Contribution Separation and Distribution Agreement and the provisions of Article V thereof with respect to indemnification shall govern with respect thereto. In no event shall Receiving Company or any member of the Receiving Company's ’s Group have any Liability for any incidental, indirect, special or consequential damages, whether or not caused by or resulting from negligence or breach of obligations hereunder and whether or not informed of the possibility of the existence of such damages.