Province’s Design Data. Except as otherwise expressly provided in this Agreement (including Section 38.2.5), the Concessionaire will not seek to recover from the Province or the Province’s employees, agents, contractors or consultants, and will indemnify and hold the Province and the Province’s employees, agents, contractors and consultants harmless in respect of, any Loss or Claim which may arise from the adoption, use or application by or on behalf of the Concessionaire, the Designer, the Checker, the Contractor, the Operator or any other person for whom the Concessionaire is responsible in the design, construction, testing, operation, maintenance and rehabilitation of the Project Facilities of any Design Data and other data and documents made available to it or its representatives in connection with the Project by or on behalf of the Province whether before or after the execution of this Agreement.
