Common use of Notwithstanding Paragraph 4 Clause in Contracts

Notwithstanding Paragraph 4. b of this Agreement, Company shall assume all liability for and shall indemnify Customer for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Company’s negligence in connection with the design, construction, or operation of its Facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer for claims brought by claimants who cannot recover directly from Company. Such indemnity shall include, but is not limited to, financial responsibility for: (a) Customer’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company be liable for consequential, special, incidental, or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of Customer or for Customer’s costs and expenses of prosecuting or defending an action or claim against Company. This paragraph does not create a liability on the part of Company to Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing.

Notwithstanding Paragraph 4. b of this Agreement, Company Generator shall assume all liability for and shall indemnify Customer Company for any claims, losses, costs, and expenses of any kind or character to the extent that they result from CompanyGenerator’s negligence in connection with the design, construction, construction or operation of its Facilities facilities as described on Exhibit A; provided, however, that Company Generator shall have no obligation to indemnify Customer Company for claims brought by claimants who cannot recover directly from CompanyGenerator. Such indemnity shall include, but is not limited to, financial responsibility for: (a) CustomerCompany’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of CustomerCompany; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company the Generator be liable for consequential, special, incidental, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company Generator does not assume liability for any costs for damages arising from the disruption of the business of Customer the Company or for Customerthe Company’s costs and expenses of prosecuting or defending an action or claim against Companythe Generator. This paragraph does not create a liability on the part of the Generator to the Company to Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing.

Notwithstanding Paragraph 4. b of this Agreement, Company shall assume all liability for and shall indemnify Customer Generator for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Company’s negligence in connection with the design, construction, or operation of its Facilities facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer Generator for claims brought by claimants who cannot recover directly from Company. Such indemnity shall include, but is not limited to, financial responsibility for: (a) CustomerGenerator’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of CustomerGenerator; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company be liable for consequential, special, incidental, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of Customer the Generator or for Customerthe Generator’s costs and expenses of prosecuting or defending an action or claim against the Company. This paragraph does not create a liability on the part of the Company to Customer the Generator or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing.

Notwithstanding Paragraph 4. b of this Agreement, Company shall assume all liability for and shall indemnify Customer for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Company’s negligence in connection with the design, construction, or operation of its Facilities facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer for claims brought by claimants who cannot recover directly from Company. Such indemnity shall include, but is not limited to, financial responsibility for: (a) Customer’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company be liable for consequential, special, incidental, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of the Customer or for the Customer’s costs and expenses of prosecuting or defending an action or claim against the Company. This paragraph does not create a liability on the part of the Company to the Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing.

Notwithstanding Paragraph 4. b of this Agreement, Company Customer shall assume all liability for and shall indemnify Customer Company for any claims, losses, costs, and expenses of any kind or character to the extent that they result from CompanyCustomer’s negligence in connection with the design, construction, construction or operation of its Facilities facilities as described on Exhibit A; provided, however, that Company Customer shall have no obligation to indemnify Customer Company for claims brought by claimants who cannot recover directly from CompanyCustomer. Such indemnity shall include, but is not limited to, financial responsibility for: (a) CustomerCompany’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of CustomerCompany; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company Customer be liable for consequential, special, incidental, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company Customer does not assume liability for any costs for damages arising from the disruption of the business of Customer the Company or for Customerthe Company’s costs and expenses of prosecuting or defending an action or claim against Companythe Customer. This paragraph does not create a liability on the part of the Customer to the Company to Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing.