Common use of Waiver of Defenses Clause in Contracts

Waiver of Defenses. (i) In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined in the Act, the contractor, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii) In the event of an extraordinary nuclear occurrence which: 1. Arises out of, results from, or occurs in the course of the construction, possession, or operation of a production or utilization facility; or 2. Arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. Arises out of or results from the possession, operation, or use by the contractor or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract activity; or 4. Arises out of, results from, or occurs in the course of nuclear waste activities, the contractor, on behalf of itself and other persons indemnified, agrees to waive: A. Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or fault of persons indemnified, including, but not limited to: i. Negligence; ii. Contributory negligence; iii. Assumption of risk; or iv. Unforeseeable intervening causes, whether involving the conduct of a third person or an act of God; B. Any issue or defense as to charitable or governmental immunity; and C. Any issue or defense based on any statute of limitations, if suit is instituted within 3 years from the date on which the claimant first knew, or reasonably could have known, of his injury or change and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. The term extraordinary nuclear occurrence means an event which DOE has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part 840. 6. For the purposes of that determination, "offsite" as that term is used in 10 CFR part 840 means away from "the contract location" which phrase means any DOE facility, installation, or site at which contractual activity under this contract is being carried on, and any contractor-owned or controlled facility, installation, or site at which the contractor is engaged in the performance of contractual activity under this contract. (iii) The waivers set forth above: 1. Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. Shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified; 3. Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. Shall not apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place, if benefits therefore are either payable or required to be provided under any workmen's compensation or occupational disease law; 6. Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. Shall be effective only with respect to those obligations set forth in this clause and in insurance policies, contracts or other proof of financial protection; and 8. Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. the limit of liability provisions under subsection 170e. of the Act, and B. the terms of this agreement and the terms of insurance policies, contracts, or other proof of financial protection.

Waiver of Defenses. (i) In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined in the Act, the contractor, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii) In the event of an extraordinary nuclear occurrence which: 1. Arises out of, results from, or occurs in the course of the construction, possession, or operation of a production or utilization facility; or 2. Arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. Arises out of or results from the possession, operation, or use by the contractor or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract activity; or 4. Arises out of, results from, or occurs in the course of nuclear waste activities, the contractor, on behalf of itself and other persons indemnified, agrees to waive: A. Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or fault of persons indemnified, including, but not limited to: i. Negligence; ii. Contributory negligence; iii. Assumption of risk; or iv. Unforeseeable intervening causes, whether involving the conduct of a third person or an act of God; B. Any issue or defense as to charitable or governmental immunity; and C. Any issue or defense based on any statute of limitations, if suit is instituted within 3 years from the date on which the claimant first knew, or reasonably could have known, of his injury or change and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. The term extraordinary nuclear occurrence means an event which DOE has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part 840. 6. For the purposes of that determination, "offsite" as that term is used in 10 CFR part 840 means away from "the contract location" which phrase means any DOE facility, installation, or site at which contractual activity under this contract is being carried on, and any contractor-owned or controlled facility, installation, or site at which the contractor is engaged in the performance of contractual activity under this contract. (iii) The waivers set forth above: 1. Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. Shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified; 3. Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. Shall not apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place, if benefits therefore are either payable or required to be provided under any workmen's compensation or occupational disease law; 6. Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. Shall be effective only with respect to those obligations set forth in this clause and in insurance policies, contracts or other proof of financial protection; and 8. Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. the limit of liability provisions under subsection 170e. of the Act, and B. the terms of this agreement and the terms of insurance policies, contracts, or other proof of financial protection.and

Waiver of Defenses. (i1) In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined in the Act, the contractor, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii2) In the event of an extraordinary nuclear occurrence which: 1. (i) Arises out of, results from, or occurs in the course of the construction, possession, or operation of a production or utilization facility; or 2. (ii) Arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. (iii) Arises out of or results from the possession, operation, or use by the contractor or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract activity; or 4. (iv) Arises out of, results from, or occurs in the course of nuclear waste activities, the contractor, on behalf of itself and other persons indemnified, agrees to waive: A. (A) Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or fault of persons indemnified, including, but not limited to: i. 1. Negligence; ii2. Contributory negligence; iii3. Assumption of risk; or iv4. Unforeseeable intervening causes, whether involving the conduct of a third person or an act of God; B. (B) Any issue or defense as to charitable or governmental immunity; and C. (C) Any issue or defense based on any statute of limitations, if suit is instituted within 3 years from the date on which the claimant first knew, or reasonably could have known, of his injury or change and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. (v) The term extraordinary nuclear occurrence means an event which DOE has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part 840. 6. (vi) For the purposes of that determination, "offsite" as that term is used in 10 CFR part 840 means away from "the contract location" which phrase means any DOE facility, installation, or site at which contractual activity under this contract is being carried on, and any contractor-owned or controlled facility, installation, or site at which the contractor is engaged in the performance of contractual activity under this contract. (iii3) The waivers set forth above: 1. (i) Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. (ii) Shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified; 3. (iii) Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. (iv) Shall not apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. (v) Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place, if benefits therefore are either payable or required to be provided under any workmen's compensation or occupational disease law; 6. (vi) Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. (vii) Shall be effective only with respect to those obligations set forth in this clause and in insurance policies, contracts or other proof of financial protection; and 8. (viii) Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. under (A) the limit of liability provisions under subsection 170e. of the Act, and B. and (B) the terms of this agreement and the terms of insurance policies, contracts, or other proof of financial protection.

Waiver of Defenses. (i1) In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined in the Act, the contractorCorporation, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii2) In the event of an extraordinary nuclear occurrence which: 1. (i) Arises out of, results from, from or occurs in the course of the construction, possession, possession or operation of a production or utilization facility; or 2. Arises (ii) arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. Arises (iii) arises out of or results from the possession, operation, or use by the contractor Corporation or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract Lease activity; or 4. Arises (iv) arises out of, results from, or occurs in the course of nuclear waste activities, the contractorCorporation, on behalf of itself and other persons indemnified, agrees to waive: A. (A) Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or the fault of persons indemnifiedidemnified, including, but not limited to: i. 26 32 1. Negligence; ii; 2. Contributory negligence; iii; 3. Assumption of risk; or ivor 4. Unforeseeable Unforeseen intervening causes, whether involving the conduct of a third person or an act of God; B. (B) Any issue or defense as to charitable or governmental immunity; and C. (C) Any issue or defense based on any statute of limitations, if suit is instituted within 3 years from the date on which the claimant first knew, or reasonably could have known, of his injury or change and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. (v) The term extraordinary nuclear occurrence means an event which DOE the Department has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part 840. 6. (vi) For the purposes of that determination, "offsite" as that term is used in 10 CFR part 840 means away from "the contract location" which phrase means any DOE Department facility, installation, or site at which contractual activity under this contract Lease is being carried on, and any contractorCorporation-owned or controlled facility, installation, or site at which the contractor Corporation is engaged in the performance of contractual activity under this contractLease. (iii3) The waivers set forth above: 1. (i) Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. (ii) Shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified; 3. (iii) Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. (iv) Shall not apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. (v) Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the nuclear incident or extraordinary nuclear occurrence takes place, if benefits therefore therefor are either payable or required to be provided under any workmen's compensation or occupational occupation disease law; 6. (vi) Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. (vii) Shall be effective only with respect to those obligations set forth in this clause section and in insurance policies, contracts or other proof of financial protection; and 8. (viii) Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. (A) the limit of liability provisions under subsection 170e. of the Act, and B. the terms of this agreement and the terms of insurance policies, contracts, or other proof of financial protection.of

Waiver of Defenses. (i1) In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined in the Act, the contractorContractor, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii2) In the event of an extraordinary nuclear occurrence which: 1. (i) Arises out of, results from, or occurs in the course of the construction, possession, or operation of a production or utilization facility; or 2. (ii) Arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. (iii) Arises out of or results from the possession, operation, or use by the contractor Contractor or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract Contract activity; or 4. (iv) Arises out of, results from, or occurs in the course of nuclear waste activities, the contractorContractor, on behalf of itself and other persons indemnified, agrees to waive: A. (A) Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or fault of or persons indemnified, including, but not limited to: i. (1) Negligence; ii. (2) Contributory negligence; iii. (3) Assumption of risk; or iv. (4) Unforeseeable intervening causes, whether involving the conduct of a third person or an act of God; B. (B) Any issue or defense as to charitable or governmental immunity; and C. (C) Any issue or defense based on any statute of limitations, if suit is instituted within 3 years from the date on which the claimant first knew, or reasonably could have known, of his injury or change and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. (v) The term extraordinary nuclear occurrence means an event which DOE has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part 840. 6. (vi) For the purposes of that determination, "offsite" as that term is used in 10 CFR part 840 means away from "the contract location" which phrase means any DOE facility, installation, or site at which contractual activity under this contract Contract is being carried on, and any contractorContractor-owned or controlled facility, installation, or site at which the contractor Contractor is engaged in the performance of contractual activity under this contract. (iii3) The waivers set forth above: 1. (i) Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. (ii) Shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified; 3. (iii) Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. (iv) Shall not apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. (v) Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place, if benefits therefore therefor are either payable or required to be provided under any workmen's compensation or occupational disease law; 6. (vi) Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. (vii) Shall be effective only with respect to those obligations set forth in this clause and in insurance policies, contracts or other proof of financial protection; and 8. (viii) Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. (A) the limit of liability provisions under subsection 170e. of the Act, and B. (B) the terms of this agreement and the terms of insurance policies, contracts, or other proof of financial protection.

Waiver of Defenses. (i1) In the event of a nuclear incident, as defined in the Act, arising out of nuclear waste activities, as defined in the Act, the contractorCorporation, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii2) In the event of an extraordinary nuclear occurrence which: 1. Arises (i) arises out of, results from, from or occurs in the course of the construction, possession, possession or operation of a production or utilization facility; or 2. Arises (ii) arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. Arises (iii) arises out of or results from the possession, operation, or use by the contractor Corporation or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract GCEP Lease activity; or 4. Arises (iv) arises out of, results from, or occurs in the course of nuclear waste activities, the contractorCorporation, on behalf of itself and other persons indemnified, agrees to waive: A. (A) Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or the fault of persons indemnified, including, but not limited to: i. 1. Negligence; ii2. Contributory negligence; iii3. Assumption of risk; or iv4. Unforeseeable Unforeseen intervening causes, whether involving the conduct of a third person or an act of God; B. (B) Any issue or defense as to charitable or governmental immunity; and C. (C) Any issue or defense based on any statute of limitations, if suit is instituted within 3 years from the date on which the claimant first knew, or reasonably could have known, of his injury or change damage and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. (v) The term extraordinary nuclear occurrence means an event which DOE the Department has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part Part 840. 6. (vi) For the purposes of that determination, "“offsite" ” as that term is used in 10 CFR part Part 840 means away from "“the contract location" ” which phrase means any DOE Department facility, installation, or site at which contractual activity under this contract GCEP Lease is being carried on, and any contractorCorporation-owned or controlled -controlled facility, installation, or site at which the contractor Corporation is engaged in the performance of contractual activity under this contractGCEP Lease. (iii3) The waivers set forth above: 1. (i) Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. (ii) Shall be judicially enforceable in accordance with its their terms by the claimant against the person indemnified; 3. (iii) Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. (iv) Shall not apply to injury or damage to a claimant or to a claimant's ’s property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. (v) Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the nuclear incident or extraordinary nuclear occurrence takes place, if benefits therefore are either payable or required to be provided under any workmen's ’s compensation or occupational occupation disease law; 6. (vi) Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. (vii) Shall be effective only with respect to those obligations set forth in this clause Section and in insurance policies, contracts or other proof of financial protection; and 8. (viii) Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. (A) the limit of liability provisions under subsection 170e. of the Act, and B. or (B) the terms of this agreement and the terms of insurance policies, contracts, or other proof of financial protection.

Waiver of Defenses. (ia) In the event of a nuclear incident, as defined in the ActAEA, arising out of nuclear waste activities, as defined in the ActAEA, the contractorContractor, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (iib) In the event of an extraordinary nuclear occurrence which: 1. Arises (i) arises out of, results from, from or occurs in the course of the construction, possession, possession or operation of a production or utilization facility; or 2. Arises (ii) arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. Arises (iii) arises out of or results from the possession, operation, or use by the contractor Contractor or a subcontractor of a device utilizing special nuclear material or by-product material, during the course of the contract GCEP Lease activity; or 4. Arises (iv) arises out of, results from, or occurs in the course of nuclear waste activities, the contractorContractor, on behalf of itself and other persons indemnified, agrees to waive: A. (A) Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or the fault of persons indemnified, including, but not limited to: i. (1) Negligence; ii. (2) Contributory negligence; iii. (3) Assumption of risk; or iv. Unforeseeable (4) Unforeseen intervening causes, whether involving the conduct of a third person or an act of God; B. (B) Any issue or defense as to charitable or governmental immunity; and C. (C) Any issue or defense based on any statute of limitations, if suit is instituted within 3 three (3) years from the date on which the claimant first knew, or reasonably could have known, of his injury or change damage and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. (v) The term extraordinary nuclear occurrence means an event which the DOE has determined to be an extraordinary nuclear occurrence as defined in the ActAEA. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part C.F.R. Part 840.; or 6. (vi) For the purposes of that determination, "“offsite" ” as that term is used in 10 CFR part C.F.R. Part 840 means away from "“the contract location" ” which phrase means any DOE facility, installation, or site at which contractual activity under this contract GCEP Lease is being carried on, and any contractorCorporation-owned or controlled -controlled facility, installation, or site at which the contractor Corporation is engaged in the performance of contractual activity under this contractGCEP Lease. (iiic) The waivers set forth above: 1. (i) Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. (ii) Shall be judicially enforceable in accordance with its their terms by the claimant against the person indemnified; 3. (iii) Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. (iv) Shall not apply to injury or damage to a claimant or to a claimant's ’s property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. (v) Shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the nuclear incident or extraordinary nuclear occurrence takes place, if benefits therefore are either payable or required to be provided under any workmen's ’s compensation or occupational occupation disease law; 6. (vi) Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. (vii) Shall be effective only with respect to those obligations set forth in this clause Article 40 and in insurance policies, contracts or other proof of financial protection; and 8. (viii) Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. (A) the limit of liability provisions under subsection Subsection 170e. of the ActAEA, and B. or (B) the terms of this agreement Article 40 and the terms of insurance policies, contracts, or other proof of financial protection.

Waiver of Defenses. (i1) In the event of a nuclear incident, as defined in the Act, arising out of nuclear nucler waste activities, as defined in the Act, the contractorContractor, on behalf of itself and other persons indemnified, agrees to waive any issue or defense as to charitable or governmental immunity. (ii2) In the event of an extraordinary nuclear occurrence which: 1. Arises (i) arises out of, results from, from or occurs in the course of the construction, possession, possession or operation of a production or utilization facility; or 2. Arises (ii) arises out of, results from, or occurs in the course of transportation of source material, by-product material, or special nuclear material to or from a production or utilization facility; or 3. Arises (iii) arises out of or results from the possession, operation, or use by the contractor Contractor or a subcontractor subcontrator of a device utilizing special nuclear material or by-product material, during the course of the contract GCEP Lease activity; or 4. Arises (iv) arises out ofof , results from, or occurs in the course of nuclear waste activities, the contractorContractor, on behalf of itself and other persons indemnified, agrees to waive: A. (A) Any issue or defense as to the conduct of the claimant (including the conduct of persons through whom the claimant derives its cause of action) or the fault of persons indemnified, including, but not limited to: i. 1. Negligence; ii2. Contributory negligence; iii3. Assumption of risk; or iv4. Unforeseeable Unforeseen intervening causes, whether involving the conduct of a third person or an act of God; B. (B) Any issue or defense as to charitable or governmental immunity; and C. (C) Any issue or defense based on any statute of limitations, if suit is instituted within 3 (3) three years from the date on which the claimant first knew, or reasonably could have known, of his injury or change damage and the cause thereof. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waiver shall be judicially enforceable in accordance with its terms by the claimant against the person indemnified. 5. (v) The term extraordinary nuclear occurrence means an event which DOE the Department has determined to be an extraordinary nuclear occurrence as defined in the Act. A determination of whether or not there has been an extraordinary nuclear occurrence will be made in accordance with the procedures in 10 CFR part Part 840. 6. (vi) For the purposes of that determination, "“offsite" ” as that term tem is used in 10 CFR part Part 840 means away from "“the contract location" ” which phrase means any DOE Department facility, installation, or site at which contractual activity under this contract the GCEP Lease is being carried on, and any contractorOwner-owned or — controlled facility, installation, installation or site at which the contractor Owner is engaged in the performance of contractual activity under this contractthe GCEP Lease. (iii3) The waivers set forth above: 1. (i) Shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action; 2. (ii) Shall be judicially enforceable in accordance with its their terms by the claimant against the person indemnifiedindemniified; 3. (iii) Shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; 4. (iv) Shall not apply to injury or damage to a claimant or to a claimant's ’s property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; 5. (v) Shall not apply to injury to a claimant who is employed emplyeed at the site of and in connection with the activity where the nuclear incident of extraordinary nuclear occurrence takes place, if benefits therefore are either payable or required to be provided under any workmen's ’s compensation or occupational occupation disease law; 6. (vi) Shall not apply to any claim resulting from a nuclear incident occurring outside the United States; 7. (vii) Shall be effective only with respect to those obligations set forth in this clause Section and in insurance policies, contracts or other proof of financial protection; and 8. (viii) Shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under A. (A) the limit of liability provisions under subsection 170e. of the Act, and B. or (B) the terms of this agreement the GCEP Lease and the terms of insurance policies, contracts, or other proof of financial protection.