Provider Indemnification. Provider shall indemnify, defend and hold Host and Site Access Manager and its directors, officers, employees, agents, volunteers, and invitees (“Host’s Indemnified Parties”), harmless from and against all Losses incurred by the Host Indemnified Parties to the extent arising from or out of the following: (i) any claim for or arising out of any injury to or death of any person or loss or damage to property to the extent arising out of Provider’s, Installer’s, or Provider’s Indemnified Parties (defined below) negligence or willful misconduct; (ii) Provider’s, Installer’s or Provider’s Indemnified Parties violation of Applicable Law; (iii) any failure to properly interconnect or comply with the procedures of the Local Electric Utility or Applicable Law; or (iv) any failure to properly handle or dispose of any Hazardous Materials brought onto the Site by Provider or by any of Provider’s employees, agents, volunteers, and invitees or by Provider or its employee, agents, volunteer and invitees causing a release of Hazardous Materials due to its negligence or willful misconduct. Such duty to indemnify with respect to any injuries to persons or damage to property arising from the generation of electricity from the Project shall not extend to incidents occurring on Host’s side of the Point of Delivery except to the extent caused by incidents on Provider’s side of the Point of Delivery. Such duty to indemnify shall not apply to any action or claim, whether in tort (including negligence and strict liability), contract or otherwise for any loss, injury, or costs resulting from interruptions in service. Provider shall not be obligated to indemnify Host or any Host Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of Host or any Host Indemnified Party.
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Provider Indemnification. Provider shall indemnify, defend and hold Host and Site Access Manager and its directors, officers, employees, agents, volunteers, and invitees (“HostHost ’s Indemnified PartiesParties ”), harmless from and against all Losses Loss es incurred by the Host Indemnified Parties to the extent arising from or out of the following: (i) any claim for or arising out of any injury to or death of any person Person or loss or damage to property to the extent arising out of ProviderProvider ’s (or its contractor’s, Installer’s, or Provider’s Indemnified Parties (defined below) negligence or willful misconduct; (ii) Provider’s, InstallerProvider ’s or Provider’s Indemnified Parties violation of Applicable LawLaw ; (iii) any failure to properly interconnect or comply with the procedures of the Local Electric Utility or Applicable Law; or (iv) any failure to properly handle or dispose of any Hazardous Materials brought onto the Site by Provider or by any of Provider "Provider" means Tioga Solar [___], LLC, a [_____] limited liability company, and all successors and assigns.’s employees, agents, volunteers, and invitees or by Provider or its employee, agents, volunteer and invitees causing a release of Hazardous Materials due to its negligence or willful misconductinvitees. Such duty to indemnify with respect to any injuries to persons or damage to property arising from the generation of electricity from the Project shall not extend to incidents occurring on HostHost ’s side of the Point of Delivery except to the extent caused by incidents on ProviderProvider ’s side of the Point of DeliveryDelivery . Such duty to indemnify shall not apply to any action or claim, whether in tort (including negligence and strict liability), contract or otherwise for any loss, injury, or costs resulting from interruptions in service. Provider shall not be obligated to indemnify Host or any Host Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of Host or any Host Indemnified PartyParty .
Appears in 1 contract
Samples: Power Purchase Agreement
Provider Indemnification. Provider shall indemnify, defend and hold Host and Site Access Manager and its directors, officers, employees, agents, volunteers, and invitees (““ Host’s Indemnified Parties”), harmless from and against all Losses incurred by the Host Indemnified Parties to the extent arising from or out of the following: (i) any claim for or arising out of any injury to or death of any person or loss or damage to property to the extent arising out of Provider’s, Installer’s, or Provider’s Indemnified Parties (defined below) negligence or willful misconduct; (ii) Provider’s, Installer’s or Provider’s Indemnified Parties violation of Applicable Law; (iii) any failure to properly interconnect or comply with the procedures of the Local Electric Utility or Applicable Law; or (iv) any failure to properly handle or dispose of any Hazardous Materials brought onto the Site by Provider or by any of Provider’s employees, agents, volunteers, and invitees or by Provider or its employee, agents, volunteer and invitees causing a release of Hazardous Materials due to its negligence or willful misconduct. Such duty to indemnify with respect to any injuries to persons or damage to property arising from the generation of electricity from the Project shall not extend to incidents occurring on Host’s side of the Point of Delivery except to the extent caused by incidents on Provider’s side of the Point of Delivery. Such duty to indemnify shall not apply to any action or claim, whether in tort (including negligence and strict liability), contract or otherwise for any loss, injury, or costs resulting from interruptions in service. Provider shall not be obligated to indemnify Host or any Host Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of Host or any Host Indemnified Party.
Appears in 1 contract
Samples: Power Purchase Agreement
Provider Indemnification. Provider shall indemnify, defend and hold Host and Site Access Manager and its directors, officers, employees, agents, volunteers, and invitees (“Host’s Indemnified Parties”), harmless from and against all Losses incurred by the Host Indemnified Parties to the extent arising from or out of the following: (i) any claim for or arising out of any injury to or death of any person Person or loss or damage to property to the extent arising out of Provider’s, Installer’s, or Provider’s Indemnified Parties (defined below) negligence or willful misconduct; (ii) Provider’s, Installer’s or Provider’s Indemnified Parties violation of Applicable Law; (iii) any failure to properly interconnect or comply with the procedures of the Local Electric Utility or Applicable Law; or (iv) any failure to properly handle or dispose of any Hazardous Materials brought onto the Site by Provider or by any of Provider’s employees, agents, volunteers, and invitees or by Provider or its employee, agents, volunteer and invitees causing a release of Hazardous Materials due to its negligence or willful misconductinvitees. Such duty to indemnify with respect to any injuries to persons or damage to property arising from the generation of electricity from the Project shall not extend to incidents occurring on Host’s side of the Point of Delivery except to the extent caused by incidents on Provider’s side of the Point of Delivery. Such duty to indemnify shall not apply to any action or claim, whether in tort (including negligence and strict liability), contract or otherwise for any loss, injury, or costs resulting from interruptions in service. Provider shall not be obligated to indemnify Host or any Host Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of Host or any Host Indemnified Party.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Provider Indemnification. Provider shall indemnify, defend and hold Host and Site Access Manager and its directors, officers, employees, agents, students, volunteers, and invitees (“Host’s Indemnified Parties”), harmless from and against all Losses incurred by the Host Indemnified Parties to the extent arising from or out of the following: (i) any claim for or arising out of any injury to or death of any person Person or loss or damage to property to the extent arising out of Provider’s, Installer’s, or Provider’s Indemnified Parties (defined below) negligence or willful misconductmisconduct of Provider or Installer (including any of their contractors, subcontractors, shareholders, directors, officers, employees, agents, and invitees, and Financing Party); (ii) Provider’s, Installer’s or Provider’s Indemnified Parties ii violation of Applicable LawLaw by Provider or Installer (including any of their contractors, subcontractors, shareholders, directors, officers, employees, agents, and invitees, and Financing Party); (iii) any failure to properly interconnect or comply with the procedures of the Local Electric Utility or Applicable Law; or (iv) any failure to properly handle or dispose of any Hazardous Materials brought onto the Site by Provider or by Installer or any of Provider’s their employees, agents, volunteers, and invitees or by Provider or its employee, agents, volunteer and invitees causing a release of Hazardous Materials due to its negligence or willful misconductinvitees. Such duty to indemnify with respect to any injuries to persons or damage to property arising from the generation of electricity from the Project shall not extend to incidents occurring on Host’s side of the Point of Delivery except to the extent caused by incidents on Provider’s side of the Point of Delivery. Such duty to indemnify shall not apply to any action or claim, whether in tort (including negligence and strict liability), contract or otherwise for any loss, injury, or costs resulting from interruptions in service. Provider shall not be obligated to indemnify Host or any Host Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of Host or any Host Indemnified Party.
Appears in 1 contract
Samples: Power Purchase Agreement