Common use of Sponsor Indemnification Clause in Contracts

Sponsor Indemnification. ‌ In addition to the indemnity provided by the Supplier in Section 2.6(c), the Supplier shall indemnify, defend and hold the Sponsor, the System Operator (to the extent that it is no longer the Sponsor), the Government of Ontario, the members of the Government of Ontario’s Executive Council, and their respective Affiliates, and each of the foregoing Persons’ respective directors, officers, employees, shareholders, advisors, and agents (including contractors and their employees) (collectively, the “Indemnitees”) harmless from and against any and all claims, demands, suits, losses, damages, liabilities, penalties, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest on, any and all actions, suits, proceedings for personal injury (including death) or property damage, assessments, judgments, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”), asserted against or suffered by the Indemnitees relating to, in connection with, resulting from, or arising out of: (a) any occurrence or event relating to the Facility, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees or the failure of the Indemnitees to comply with Laws and Regulations; or (b) any breach by the Supplier of any representations, warranties, and covenants contained in this Agreement, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees. For greater certainty, in the event of contributory negligence or other fault of the Indemnitees, then such Indemnitees shall not be indemnified hereunder in the proportion that the Indemnitees’ negligence or other fault contributed to any Indemnifiable Loss.

Sponsor Indemnification. ‌ In addition to the indemnity provided by the Supplier in Section 2.6(c2.6(d), the Supplier shall indemnify, defend and hold the Sponsor, the System Operator (to the extent that it is no longer the Sponsor), the Government of Ontario, the members of the Government of Ontario’s Executive Council, and their respective Affiliates, and each of the foregoing Persons’ respective directors, officers, employees, shareholders, advisors, and agents (including contractors and their employees) (collectively, the “Indemnitees”) harmless from and against any and all claims, demands, suits, losses, damages, liabilities, penalties, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest on, any and all actions, suits, proceedings for personal injury (including death) or property damage, assessments, judgments, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”), asserted against or suffered by the Indemnitees relating to, in connection with, resulting from, or arising out of: (a) any occurrence or event relating to the Facility, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees or the failure of the Indemnitees to comply with Laws and Regulations; or (b) any breach by the Supplier of any representations, warranties, and covenants contained in this Agreement, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees. For greater certainty, in the event of contributory negligence or other fault of the Indemnitees, then such Indemnitees shall not be indemnified hereunder in the proportion that the Indemnitees’ negligence or other fault contributed to any Indemnifiable Loss.

Sponsor Indemnification. ‌ In addition to the indemnity provided by the Supplier Participant in Section 2.6(c2.1(c), the Supplier Participant shall indemnify, defend and hold the Sponsor, the System Operator (to the extent that it is no longer the Sponsor)Operator, the Government of Ontario, the members of the Government of Ontario’s Executive Council, Council and their respective Affiliates, and each of the foregoing Persons’ respective directors, officers, employees, shareholders, advisors, advisors and agents (including contractors and their employees) (collectively, the “Indemnitees”) harmless from and against any and all claims, demands, suitsClaims, losses, damages, liabilities, penalties, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest on, any and all actions, suits, proceedings for personal injury (including death) or property damage, assessments, judgments, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”), asserted against or suffered by the Indemnitees relating to, in connection with, resulting from, or arising out of: : (ai) any occurrence or event relating to the Facility, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees or the failure of the Indemnitees to comply with Laws and Regulations; or and (bii) any breach by the Supplier Participant of any representations, warranties, warranties and covenants contained in this Agreement, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees. For greater certainty, in the event of contributory negligence or other fault of the Indemnitees, then such Indemnitees shall not be indemnified hereunder in the proportion that the Indemnitees’ negligence or other fault contributed to any Indemnifiable Loss.

Sponsor Indemnification. ‌ In addition to the indemnity provided by the Supplier in Section 2.6(c), the The Supplier shall indemnify, defend and hold the Sponsor, any assignee of the Sponsor, the System Operator (to the extent that it is no longer the Sponsor), the Government of Ontario, the members of the Government of Ontario’s Executive Council, Council and their respective Affiliates, and each of the foregoing Persons’ respective directors, officers, employees, shareholders, advisors, advisors and agents (including contractors and their employees) (collectively, the “Indemnitees”) harmless from and against any and all claimsClaims, demands, suits, losses, damages, liabilities, penalties, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest on, any and all actions, suits, proceedings for personal injury (including death) or property damage, assessments, judgments, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) (each, an “Indemnifiable Loss”), asserted against or suffered by the Indemnitees relating to, in connection with, resulting from, or arising out of: of (ai) any occurrence or event relating to the Facility, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees or the failure of the Indemnitees to comply with Laws and Regulations; or , (bii) any breach by the Supplier of any representations, warranties, warranties and covenants contained in this Agreement, except to the extent that any injury or damage is attributable to the negligence or wilful misconduct of the Indemnitees, and (iii) a discharge of any contaminant into the natural environment, at or related to, the Facility and any fines or orders of any kind that may be levied or made in connection therewith pursuant to Laws and Regulations, except to the degree that such discharge shall have been due to the negligence or wilful misconduct of the Indemnitees. For greater certainty, in the event of contributory negligence or other fault of the Indemnitees, then such Indemnitees shall not be indemnified hereunder in the proportion that the Indemnitees’ negligence or other fault contributed to any Indemnifiable Loss.