Common use of Mutual Indemnities Clause in Contracts

Mutual Indemnities. (a) Enbridge shall indemnify and hold harmless the Owner against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with or as a result of: (i) the negligence or wilful misconduct of Enbridge; or (ii) any breach by Enbridge of the terms and conditions of this Agreement; provided that Enbridge shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of Owner, its servants or agents. For greater certainty, Xxxxxxxx shall not be liable to Owner for the actions of Owner, its agents, employees, invitees or representatives who enter upon the Optioned Property. (b) Owner shall indemnify and hold harmless Enbridge against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with, or as a result of the negligence or wilful misconduct of Owner, as well as, in respect of any loss, injury or damage arising out of or in connection with, any breach by Owner of the terms and conditions of this Agreement; provided that Owner shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to, by the negligence or default of Enbridge, its servants or agents. For greater certainty, Owner shall not be liable to Enbridge for the actions of: (i) Enbridge, its agents, employees, or representatives who enter upon the Optioned Property, or (ii) any trespasser or unauthorized person who enters upon the Optioned Property. (c) Notwithstanding the foregoing, the Parties hereto shall only be liable for reasonably anticipated and foreseeable damages.

Mutual Indemnities. (a) Enbridge The Grantee shall indemnify and hold harmless the Owner Grantor against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with or as a result of: (i) the negligence or wilful misconduct of Enbridge; orthe Grantee; (ii) any breach by Enbridge the Grantee of the terms and conditions of this Agreement; or (iii) the Works or the operation of the Works, provided that Enbridge the Grantee shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of Ownerthe Grantor, its servants or directors, officers, employees, agents, consultants, contractors and assigns. For greater certainty, Xxxxxxxx the Grantee shall not be liable to Owner the Grantor for the actions of Owner(i) the Grantor, its agents, employees, invitees or representatives who enter upon the Optioned PropertyEasement Lands, or (ii) any trespasser or unauthorized person who enters upon the Easement Lands or other property of the Grantor. (b) Owner The Grantor shall indemnify and hold harmless Enbridge the Grantee against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with, or as a result of the negligence or wilful misconduct of Ownerthe Grantor, as well as, as in respect of any loss, injury or damage arising out of or in connection with, any breach by Owner the Grantor of the terms and conditions of this Agreement; provided that Owner the Grantor shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to, to by the negligence or default of Enbridgethe Grantee, its servants or directors, officers, employees, agents, consultants, contractors and assigns. For greater certainty, Owner the Grantor shall not be liable to Enbridge the Grantee for the actions of: of (i) Enbridgethe Grantee, its agents, employees, or representatives who enter upon the Optioned PropertyEasement Lands, or (ii) any trespasser or unauthorized person who enters upon the Optioned PropertyEasement Lands. (c) All accrued and undischarged obligations under this Section shall survive the expiration or termination of this Agreement. (d) Notwithstanding the foregoing, the Parties hereto shall only be liable for reasonably anticipated and foreseeable damages.

Mutual Indemnities. (a) Enbridge shall indemnify and hold harmless the Owner against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with or as a result of: (i) the negligence or wilful misconduct of Enbridge; or (ii) any breach by Enbridge of the terms and conditions of this Agreement; provided that Enbridge shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of Owner, its servants or agents. For greater certainty, Xxxxxxxx Enbridge shall not be liable to Owner for the actions of Owner, its agents, employees, invitees or representatives who enter upon the Optioned Property. (b) Owner shall indemnify and hold harmless Enbridge against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with, or as a result of the negligence or wilful misconduct of Owner, as well as, in respect of any loss, injury or damage arising out of or in connection with, any breach by Owner of the terms and conditions of this Agreement; provided that Owner shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to, by the negligence or default of Enbridge, its servants or agents. For greater certainty, Owner shall not be liable to Enbridge for the actions of: (i) Enbridge, its agents, employees, or representatives who enter upon the Optioned Property, or (ii) any trespasser or unauthorized person who enters upon the Optioned Property. (c) Notwithstanding the foregoing, the Parties hereto shall only be liable for reasonably anticipated and foreseeable damages.

Mutual Indemnities. (a) Enbridge The Grantee, shall indemnify and hold harmless the Owner Grantor against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with or as a result of: (i) the negligence or wilful misconduct of Enbridge; orthe Grantee; (ii) any breach by Enbridge the Grantee of the terms and conditions of this Agreement; or (iii) the Works or the operation of the Works, provided that Enbridge the Grantee shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to by the negligence or default of Ownerthe Grantor, its servants or directors, officers, employees, agents, consultants, contractors and assigns. For greater certainty, Xxxxxxxx the Grantee shall not be liable to Owner the Grantor for the actions of Ownerthe Grantor, its agents, employees, invitees or representatives who enter upon the Optioned PropertyEasement Lands. (b) Owner The Grantor shall indemnify and hold harmless Enbridge the Grantee against all actions, suits, claims, demands and expenses made or suffered by any person or persons, in respect of loss, injury, damage or obligation to compensate, arising out of or in connection with, or as a result of the negligence or wilful misconduct of Ownerthe Grantor, as well as, as in respect of any loss, injury or damage arising out of or in connection with, any breach by Owner the Grantor of the terms and conditions of this Agreement; provided that Owner the Grantor shall not be liable under this Section to the extent to which such loss, damage or injury is caused or contributed to, to by the negligence or default of Enbridgethe Grantee, its servants or directors, officers, employees, agents, consultants, contractors and assigns. For greater certainty, Owner the Grantor shall not be liable to Enbridge the Grantee for the actions of: (i) Enbridgeof the Grantee, its agents, employees, or representatives who enter upon the Optioned Property, or (ii) any trespasser or unauthorized person who enters upon the Optioned PropertyEasement Lands. (c) All accrued and undischarged obligations under this Section shall survive the expiration or termination of this Agreement. (d) Notwithstanding the foregoing, the Parties hereto shall only be liable for reasonably anticipated and foreseeable damages.