Common use of Owner’s Indemnification Obligations Clause in Contracts

Owner’s Indemnification Obligations. To the greatest extent permitted by Applicable Laws, Owner releases, and shall indemnify, defend and hold harmless CHGE, its Affiliates, and their respective officers, directors, trustees, employees, agents, assigns and successors in interest, from and against any and all loss, liability, damage, claim, cost, charge, demand, penalty, fine or expense of any kind or nature (including any direct damage, claim, cost, charge, demand, or expense, and attorneys’ fees (including cost of in-house counsel) and other costs of litigation or mediation, and in the case of third-party claims only, indirect or consequential loss or damage of such third party), arising out of or in connection with: any breach made by Owner of any representation, warranty, covenant, or agreement contained herein; NERC Standards Non-Compliance Penalties or an attempt by any Governmental or Regulatory Authority or other Person or Entity to assess such NERC Standards Non-Compliance Penalties against CHGE; injury or death to Persons, including CHGE employees, and physical damage to property, including CHGE property, where the damage arises out of, is related to, or is in connection with, Owner’s design, development, construction, ownership, operation or maintenance of the Project, or obligations or performance under this Agreement; an infringement upon or violation of any trade secret, trademark, trade name, copyright, patent, or other intellectual property rights of any third party resulting from the use of any equipment, software, applications, or programs (or any portion of same) in connection with the Project; any violation of Applicable Laws, failure to obtain and maintain Permits, or failure to perform Permit Requirements related to the Project or Owner’s performance, or failure to perform, under this Agreement; any (i) storage, generation, use, handling, manufacture, processing, transportation, treatment, release or disposal of any Hazardous Material by Owner, its EPC Contractor, or any of Owner’s or its EPC Contractor’s subcontractors; or (ii) alleged, threatened, or actual violation of any Environmental Law by Owner or its EPC Contractor or any of Owner’s or its EPC Contractor’s subcontractors, including, without limitation, any enforcement or compliance proceeding relating to or in connection with any such alleged, threatened or actual violation and any action reasonably necessary to xxxxx, investigate, remediate or prevent any such violation or threatened violation; the failure to pay any Governmental Charges or Environmental Costs for which Owner is responsible under Section 13.4; any financial settlement for Products requiring payment by CHGE, monetary penalties or fines assessed against CHGE by the NYSPSC, the NYISO or any other entity having jurisdiction, resulting from: Owner’s failure to dispatch the Project in accordance with a Dispatch Notice, other than due to a Force Majeure;

Owner’s Indemnification Obligations. To the greatest extent permitted by Applicable Laws, Owner releases, and shall indemnify, defend and hold harmless CHGE, its Affiliates, and their respective officers, directors, trustees, employees, agents, assigns and successors in interest, from and against any and all loss, liability, damage, claim, cost, charge, demand, penalty, fine or expense of any kind or nature (including any direct damage, claim, cost, charge, demand, or expense, and attorneys’ fees (including cost of in-house counsel) and other costs of litigation or mediation, and in the case of third-party claims only, indirect or consequential loss or damage of such third party), arising out of or in connection with: any breach made by Owner of any representation, warranty, covenant, covenant or agreement contained herein; NERC Standards Non-Compliance Penalties or an attempt by any Governmental or Regulatory Authority or other Person or Entity to assess such NERC Standards Non-Compliance Penalties against CHGE; injury or death to Persons, including CHGE employees, and physical damage to property, including CHGE property, where the damage arises out of, is related to, or is in connection with, Owner’s design, development, construction, ownership, operation or maintenance of the Project, or obligations or performance under this Agreement; an infringement upon or violation of any trade secret, trademark, trade name, copyright, patent, or other intellectual property rights of any third party resulting from the use of any equipment, software, applications, applications or programs (or any portion of same) in connection with the Project; any violation of Applicable Laws, failure to obtain and maintain Permits, or failure to perform Permit Requirements related to the Project or Owner’s performance, or failure to perform, under this Agreement; any (i) storage, generation, use, handling, manufacture, processing, transportation, treatment, release or disposal of any Hazardous Material by Owner, its EPC Contractor, or any of Owner’s or its EPC Contractor’s subcontractors; or (ii) alleged, threatened, or actual violation of any Environmental Law by Owner or its EPC Contractor or any of Owner’s or its EPC Contractor’s subcontractors, including, without limitation, any enforcement or compliance proceeding relating to or in connection with any such alleged, threatened or actual violation and any action reasonably necessary to xxxxx, investigate, remediate or prevent any such violation or threatened violation; the failure to pay any Governmental Charges or Environmental Costs for which Owner is responsible under Section 13.4; any financial settlement for Products requiring payment by CHGE, monetary penalties or fines assessed against CHGE by the NYSPSC, the NYISO or any other entity having jurisdiction, resulting from: Owner’s failure to dispatch the Project in accordance with a Dispatch Notice, other than due to a Force Majeure;

Owner’s Indemnification Obligations. To the greatest extent permitted by Applicable Laws, Owner releases, and shall indemnify, defend and hold harmless CHGENYSEG, its Affiliates, and their respective officers, directors, trustees, employees, agents, assigns and successors in interest, from and against any and all loss, liability, damage, claim, cost, charge, demand, penalty, fine or expense of any kind or nature (including any direct damage, claim, cost, charge, demand, or expense, and attorneys’ fees (including cost of in-house counsel) and other costs of litigation or mediation, and in the case of third-party claims only, indirect or consequential loss or damage of such third party), arising out of or in connection with: any breach made by Owner of any representation, warranty, covenant, covenant or agreement contained herein; NERC Standards Non-Compliance Penalties or an attempt by any Governmental or Regulatory Authority or other Person or Entity to assess such NERC Standards Non-Compliance Penalties against CHGENYSEG; injury or death to Persons, including CHGE NYSEG employees, and physical damage to property, including CHGE NYSEG property, where the damage arises out of, is related to, or is in connection with, Owner’s design, development, construction, ownership, operation or maintenance of the Project, or obligations or performance under this Agreement; an infringement upon or violation of any trade secret, trademark, trade name, copyright, patent, or other intellectual property rights of any third party resulting from the use of any equipment, software, applications, applications or programs (or any portion of same) in connection with the Project; any violation of Applicable Laws, failure to obtain and maintain Permits, or failure to perform Permit Requirements related to the Project or Owner’s performance, or failure to perform, under this Agreement; any (i) storage, generation, use, handling, manufacture, processing, transportation, treatment, release or disposal of any Hazardous Material by Owner, its EPC Contractor, or any of Owner’s or its EPC Contractor’s subcontractors; or (ii) alleged, threatened, or actual violation of any Environmental Law by Owner or its EPC Contractor or any of Owner’s or its EPC Contractor’s subcontractors, including, without limitation, any enforcement or compliance proceeding relating to or in connection with any such alleged, threatened or actual violation and any action reasonably necessary to xxxxx, investigate, remediate or prevent any such violation or threatened violation; the failure to pay any Governmental Charges or Environmental Costs for which Owner is responsible under Section 13.4; any financial settlement for Products requiring payment by CHGENYSEG, monetary penalties or fines assessed against CHGE NYSEG by the NYSPSC, the NYISO or any other entity having jurisdiction, resulting from: Owner’s failure to dispatch the Project in accordance with a Dispatch Notice, other than due to a Force Majeure;

Owner’s Indemnification Obligations. To the greatest extent permitted by Applicable Laws, Owner releases, and shall indemnify, defend and hold harmless CHGERG&E, its Affiliates, and their respective officers, directors, trustees, employees, agents, assigns and successors in interest, from and against any and all loss, liability, damage, claim, cost, charge, demand, penalty, fine or expense of any kind or nature (including any direct damage, claim, cost, charge, demand, or expense, and attorneys’ fees (including cost of in-house counsel) and other costs of litigation or mediation, and in the case of third-party claims only, indirect or consequential loss or damage of such third party), arising out of or in connection with: any breach made by Owner of any representation, warranty, covenant, covenant or agreement contained herein; NERC Standards Non-Compliance Penalties or an attempt by any Governmental or Regulatory Authority or other Person or Entity to assess such NERC Standards Non-Compliance Penalties against CHGERG&E; injury or death to Persons, including CHGE RG&E employees, and physical damage to property, including CHGE RG&E property, where the damage arises out of, is related to, or is in connection with, Owner’s design, development, construction, ownership, operation or maintenance of the Project, or obligations or performance under this Agreement; an infringement upon or violation of any trade secret, trademark, trade name, copyright, patent, or other intellectual property rights of any third party resulting from the use of any equipment, software, applications, applications or programs (or any portion of same) in connection with the Project; any violation of Applicable Laws, failure to obtain and maintain Permits, or failure to perform Permit Requirements related to the Project or Owner’s performance, or failure to perform, under this Agreement; any (i) storage, generation, use, handling, manufacture, processing, transportation, treatment, release or disposal of any Hazardous Material by Owner, its EPC Contractor, or any of Owner’s or its EPC Contractor’s subcontractors; or (ii) alleged, threatened, or actual violation of any Environmental Law by Owner or its EPC Contractor or any of Owner’s or its EPC Contractor’s subcontractors, including, without limitation, any enforcement or compliance proceeding relating to or in connection with any such alleged, threatened or actual violation and any action reasonably necessary to xxxxx, investigate, remediate or prevent any such violation or threatened violation; the failure to pay any Governmental Charges or Environmental Costs for which Owner is responsible under Section 13.4; any financial settlement for Products requiring payment by CHGERG&E, monetary penalties or fines assessed against CHGE RG&E by the NYSPSC, the NYISO or any other entity having jurisdiction, resulting from: Owner’s failure to dispatch the Project in accordance with a Dispatch Notice, other than due to a Force Majeure;