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

LIMITATION OF LIABILITY; INDEMNIFICATION OF RECEIVING COMPANY. Each Providing Company and its Subsidiaries shall have no Liability to any Receiving Company with respect to its furnishing any of the Services hereunder except for Liabilities arising out of or resulting from the gross negligence or willful misconduct occurring after the Genco Distribution Date of the Providing Company or any of its Subsidiaries. Each Providing Company will indemnify, defend and hold harmless each Receiving Company in respect of all such Liabilities arising out of or resulting from such gross negligence or willful misconduct. Such indemnification obligation shall be a Liability of the Providing Company for purposes of the Genco Separation Agreement, and the provisions of Article III of the Genco Separation Agreement with respect to indemnification shall govern with respect thereto. In no event shall a Providing Company or any of 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, 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 RECEIVING COMPANY. Each Providing Company and its Subsidiaries shall have no Liability to any Receiving Company with respect to its furnishing any of the Services hereunder except for Liabilities arising out of the willful misconduct or resulting from the gross negligence or willful misconduct occurring after the Genco Distribution Effective Date of the Providing Company or any member of its SubsidiariesProviding Company's Group. Each Providing Company will indemnify, defend and hold harmless each Receiving Company Indemnitees in respect of all Liabilities related to, arising from, asserted against or associated with such Liabilities arising out of willful misconduct or resulting from such gross negligence or willful misconductnegligence. Such indemnification obligation shall be a Liability of the Providing Company for purposes of the Genco Separation Agreement, Distribution Agreement and the provisions of Article III of the Genco Separation Agreement IV thereof with respect to indemnification shall govern with respect thereto. In no event shall a Providing Company or any member of its Subsidiaries Providing Company's Group 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, including gross negligence, 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 RECEIVING COMPANY. Each Providing Company and its Subsidiaries shall have no Liability to any Receiving Company with respect to its furnishing any of the Services hereunder except for Liabilities arising out of or resulting from the gross negligence or willful misconduct occurring after the Genco Distribution Closing Date of the Providing Company or any member of its Subsidiariesthe Providing Company's Group. Each Providing Company will indemnify, defend and hold harmless each Receiving Company Indemnitees in respect of all Liabilities related to, arising from, asserted against or associated with such Liabilities arising out of or resulting from such gross negligence or willful misconduct. Such indemnification obligation shall be a Liability of the Providing Company for purposes of the Genco Separation Agreement, and Distribution Agreement and the provisions of Article III of the Genco Separation Agreement V with respect to indemnification shall govern with respect thereto. In no event shall a Providing Company or any member of its Subsidiaries the Providing Company's Group 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, including gross negligence, 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 RECEIVING COMPANY. Each Providing Company and its Subsidiaries shall have no Liability to any Receiving Company with respect to its furnishing any of the Services hereunder except for Liabilities arising out of or resulting from the gross negligence or willful misconduct occurring after the Genco Distribution Effective Date of the Providing Company or any member of its SubsidiariesProviding Company's Group. Each Providing Company will indemnify, defend and hold harmless each Receiving Company Indemnitees in respect of all Liabilities related to, arising from, asserted against or associated with such Liabilities arising out of or resulting from such gross negligence or willful misconduct. Such indemnification obligation shall be a Liability of the Providing Company for purposes of the Genco Separation Agreement, and Distribution Agreement and the provisions of Article III of the Genco Separation Agreement V thereof with respect to indemnification shall govern with respect thereto. In no event shall a Providing Company or any member of its Subsidiaries Providing Company's Group 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, including gross negligence, 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 RECEIVING COMPANY. Each Providing Company and its Subsidiaries shall have no Liability to any Receiving Company with respect to its furnishing any of the Services hereunder except for Liabilities arising out of the willful misconduct or resulting from the gross negligence or willful misconduct occurring after the Genco Distribution Effective Date of the Providing Company or any member of its Subsidiariesthe Providing Company’s Group. Each Providing Company will indemnify, defend and hold harmless each Receiving Company Indemnitees in respect of all Liabilities related to, arising from, asserted against or associated with such Liabilities arising out of willful misconduct or resulting from such gross negligence or willful misconductnegligence. Such indemnification obligation shall be a Liability of the Providing Company for purposes of the Genco Separation Agreement, and Distribution Agreement and the provisions of Article III of the Genco Separation Agreement V with respect to indemnification shall govern with respect thereto. In no event shall a Providing Company or any member of its Subsidiaries the Providing Company’s Group 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, including gross negligence, 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 RECEIVING COMPANY. Each Providing Company and its Subsidiaries shall have no Liability to any Receiving Company with respect to its furnishing any of the Services hereunder except for Liabilities arising out of or resulting from the gross negligence or willful misconduct occurring after the Genco Distribution Effective Date of the Providing Company or any member of its SubsidiariesProviding Company's Group. Each Providing Company will indemnify, defend and hold harmless each Receiving Company Indemnitees in respect of all Liabilities related to, arising from, asserted against or associated with such Liabilities arising out of or resulting from such gross negligence or willful misconduct. Such indemnification obligation shall be a Liability of the Providing Company for purposes of the Genco Separation Agreement, Contribution and Distribution Agreement and the provisions of Article III of the Genco Separation Agreement V thereof with respect to indemnification shall govern with respect thereto. In no event shall a Providing Company or any member of its Subsidiaries Providing Company's Group 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, including gross negligence, 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.