Common use of Trader will be indemnified Clause in Contracts

Trader will be indemnified. Subject to clause 28, the Distributor indemnifies and holds harmless the Trader and will keep the Trader indemnified and held harmless from and against any direct loss or damage (including legal costs on a solicitor/own client basis), suffered, or incurred by the Trader arising out of or in connection with: (a) any claim by any person with whom the Distributor or Trader has a contractual relationship in relation to the provision of services or conveyance of electricity to the extent that claim arises out of or could not have been made but for: (i) any breach by the Distributor of its obligations under this Agreement; (ii) the disconnection by the Distributor of any Customer’s Premises in accordance with this Agreement, unless the disconnection is necessary to comply with Good Electricity Industry Practice or if the disconnection is due to this Agreement being terminated for the Trader’s breach or Insolvency Event; (iii) the termination of this Agreement by the Distributor, except when the termination is the result of a breach by the Trader or the Trader suffering an Insolvency Event; (iv) any failure by the Distributor to perform any obligation under any agreement between the Distributor and the System Operator or any other third party; (v) any failure by the Distributor to comply with its obligations required by law or regulation; or (vi) any action undertaken by the Trader under or in connection with this Agreement at the request of the Distributor; and (b) any recovery activity of the Trader in respect of any unpaid charges or interest payable under this Agreement.

Appears in 44 contracts

Samples: Distributor Agreement, Distributor Agreements, Default Distributor Agreement

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Trader will be indemnified. Subject to clause 28, the Distributor indemnifies and holds harmless the Trader and will keep the Trader indemnified and held harmless from and against any direct loss or damage (including legal costs on a solicitor/own client basis), suffered, suffered or incurred by the Trader arising out of or in connection with: (a) : any claim by any person with whom the Distributor or Trader has a contractual relationship in relation to the provision of services or conveyance of electricity to the extent that claim arises out of or could not have been made but for: (i) any breach by the Distributor of its obligations under this Agreement; (ii) the disconnection by the Distributor of any Customer’s Premises in accordance with this Agreement, unless the disconnection is necessary to comply with Good Electricity Industry Practice or if the disconnection is due to this Agreement being terminated for the Trader’s breach or Insolvency Event; (iii) the termination of this Agreement by the Distributor, except when the termination is the result of a breach by the Trader or the Trader suffering an Insolvency Event; (iv) any failure by the Distributor to perform any obligation under any agreement between the Distributor and the System Operator or any other third party; (v) any failure by the Distributor to comply with its obligations required by law or regulation; or (vi) any action undertaken by the Trader under or in connection with this Agreement at the request of the Distributor; and (b) and any recovery activity of the Trader in respect of any unpaid charges or interest payable under this Agreement.

Appears in 2 contracts

Samples: Distributor Agreement, Distributor Agreement

Trader will be indemnified. Subject to clause 28, the Distributor indemnifies and holds harmless the Trader and will keep the Trader indemnified and held harmless from and against any direct loss or damage (including legal costs on a solicitor/own client basis), suffered, or incurred by the Trader arising out of or in connection with: (a) any claim by any person with whom the Distributor or Trader has a contractual relationship in relation to the provision of services or conveyance of electricity to the extent that claim arises out of or could not have been made but for: (i) any breach by the Distributor of its obligations under this Agreement; (ii) (the disconnection by the Distributor of any Customer’s Premises in accordance with this Agreement, unless the disconnection is necessary to comply with Good Electricity Industry Practice or if the disconnection is due to this Agreement being terminated for the Trader’s breach or Insolvency Event; (iii) the termination of this Agreement by the Distributor, except when the termination is the result of a breach by the Trader or the Trader suffering an Insolvency Event; (iv) any failure by the Distributor to perform any obligation under any agreement between the Distributor and the System Operator or any other third party; (v) any failure by the Distributor to comply with its obligations required by law or regulation; or (vi) any action undertaken by the Trader under or in connection with this Agreement at the request of the Distributor; and (b) any recovery activity of the Trader in respect of any unpaid charges or interest payable under this Agreement.

Appears in 1 contract

Samples: Distributor Agreement

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Trader will be indemnified. Subject to clause 28, the Distributor indemnifies and holds harmless the Trader and will keep the Trader indemnified and held harmless from and against any direct loss or damage (including legal costs on a solicitor/own client basis), suffered, or incurred by the Trader arising out of or in connection with: (a) : any claim by any person with whom the Distributor or Trader has a contractual relationship in relation to the provision of services or conveyance of electricity to the extent that claim arises out of or could not have been made but for: (i) any breach by the Distributor of its obligations under this Agreement; (ii) the disconnection by the Distributor of any Customer’s Premises in accordance with this Agreement, unless the disconnection is necessary to comply with Good Electricity Industry Practice or if the disconnection is due to this Agreement being terminated for the Trader’s breach or Insolvency Event; (iii) the termination of this Agreement by the Distributor, except when the termination is the result of a breach by the Trader or the Trader suffering an Insolvency Event; (iv) any failure by the Distributor to perform any obligation under any agreement between the Distributor and the System Operator or any other third party; (v) any failure by the Distributor to comply with its obligations required by law or regulation; or (vi) any action undertaken by the Trader under or in connection with this Agreement at the request of the Distributor; and (b) and any recovery activity of the Trader in respect of any unpaid charges or interest payable under this Agreement.

Appears in 1 contract

Samples: Distributor Agreement

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