Owner Indemnity. Owner shall indemnify, defend and hold harmless --------------- Operator and its Affiliates and partners, joint venturers, officers, agents, employees, successors and assigns (collectively, the "Operator Indemnitees") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, penalties, costs, and expenses (including attorneys' fees, court costs and all costs or expenses related to environmental clean-up, containment, remediation or removal of hazardous waste or pollution to property of third parties) of any nature for personal injury or death or physical damage to property of any third party (including employees of Owner and its subcontractors) arising out of or resulting from the performance or non- performance of Owner of its obligations hereunder or any of Owner's activities on or about the Site or other location where Owner is to perform its obligations hereunder to the extent that the same is caused by any negligent act or negligent omission of, or willful misconduct or intentional act by, Owner, its subcontractors (other than subcontractors of Operator) or suppliers (other than suppliers of Operator), or anyone employed by any of them, or anyone for whose acts any of them may be liable, unless solely caused by the negligence of any of the Operator Indemnitees. In the event that such damage or injury is caused by the joint or concurrent negligence of Operator or its employees, contractors, subcontractors or agents, the loss shall be borne by Operator and Owner proportionately to their degree of fault.
Appears in 1 contract
Samples: Operation and Maintenance Agreement (Cogen Technologies Inc)
Owner Indemnity. Owner shall indemnify, defend and hold harmless --------------- Operator and its Affiliates and partners, joint venturers, officers, agents, employees, successors successors, and assigns (collectively, the "Operator Indemnitees") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, penalties, costs, and expenses (including attorneys' fees, court costs and all costs or expenses related to environmental clean-up, containment, remediation or removal of hazardous waste or pollution to property of third parties) of any nature for personal injury or death or physical damage to property of any third party (including employees of Of Owner and its subcontractors) arising out of or resulting from the performance or non- performance of Owner of its obligations hereunder or any of Owner's activities on or about the Site or other location where Owner is to perform its obligations hereunder to the extent that the same is caused by any negligent act or negligent omission of, or willful misconduct or intentional act by, Owner, its subcontractors (other than subcontractors of Operator) or suppliers (other than suppliers of Operator), or anyone employed by any of them, or anyone for whose acts any of Of them may be liable, unless solely caused by the negligence of any of the Operator Indemnitees. In the event that such damage or injury is caused by the joint or concurrent negligence of Operator or its employees, contractors, subcontractors or agents, the loss shall be borne by Operator and Owner proportionately to their degree of fault.
Appears in 1 contract
Samples: Operation and Maintenance Agreement (Cogen Technologies Inc)
Owner Indemnity. Owner shall indemnify, defend and hold harmless --------------- Operator and its Affiliates and partners, joint venturers, officers, agents, employees, successors successors, and assigns (collectively, the "Operator Indemnitees") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, penalties, costs, and expenses (including attorneys' fees, court costs and all costs or expenses related to environmental clean-upcleanup, containment, remediation or removal of hazardous waste or pollution to property of third parties) of any nature for personal injury or death or physical damage to property of any third party (including employees of Owner and its subcontractors) arising out of or resulting from the performance or non- non-performance of Owner of its obligations hereunder or any of Owner's activities on or about the Site or other location where Owner is to perform its obligations hereunder to the extent that the same is caused by any negligent act or negligent omission of, or willful misconduct or intentional act by, Owner, its subcontractors (other than subcontractors of Operator) or suppliers (other than suppliers of Operator), or anyone employed by any of them, or anyone for whose acts any of them may be liable, unless solely caused by the negligence of any of the Operator Indemnitees. In the event that such damage or injury is caused by the joint or concurrent negligence of Operator or its employees, contractors, subcontractors or agents, the loss shall be borne by Operator and Owner proportionately to their degree of fault.
Appears in 1 contract
Samples: Operation and Maintenance Agreement (East Coast Power LLC)
Owner Indemnity. Owner shall indemnify, defend and hold harmless --------------- Operator and its Affiliates and partners, joint venturers, officers, agents, employees, successors successors, and assigns (collectively, the "Operator Indemnitees") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, penalties, costs, and expenses (including attorneys' fees, court costs and all costs or expenses related to environmental clean-up, containment, remediation or removal of hazardous waste or pollution to property of third parties) of any nature for personal injury or death or physical damage to property of any third party (including employees of Owner and its subcontractors) arising out of or resulting from the performance or non- performance of Owner of its obligations hereunder or any of Owner's activities on or about the Site or other location where Owner is to perform its obligations hereunder to the extent that the same is caused by any negligent act or negligent omission of, or willful misconduct or intentional act by, Owner, its subcontractors (other than subcontractors of Operator) or suppliers (other than suppliers of Operator), or anyone employed by any of them, or anyone for whose acts any of them may be liable, unless solely caused by the negligence of any of the Operator Indemnitees. In the event that such damage or injury is caused by the joint or concurrent negligence of Operator or its employees, contractors, subcontractors or agents, the loss shall be borne by Operator and Owner proportionately to their degree of fault.
Appears in 1 contract
Samples: Operation and Maintenance Agreement (Cogen Technologies Inc)