Common use of By Operator Clause in Contracts

By Operator. Operator shall indemnify, defend and hold harmless Owner and the Members, and all of their respective officers, directors, employees, agents and representatives, and their Affiliates (other than any Affiliate of Operator), from and against any and all Indemnifiable Expenses arising out of or resulting from (i) the gross negligence or willful misconduct of Operator or any contractor or subcontractor retained by it, or any its officers, directors, agents, employees or personnel of any of them, or (ii) a breach of this Agreement by Operator.

By Operator. Except as set forth in subsection (c), Operator shall indemnify, defend will indemnify and hold harmless Owner and the Members, and all of their respective its officers, directors, employees, agents and representatives, and their Affiliates (other than any Affiliate of Operator), employees from and against all liability and expense for claims, actions, litigation and similar proceedings brought against Owner in connection with the operation of the Business by Operator; provided, however, that Operator shall not be liable for any and all Indemnifiable Expenses arising out of or resulting from (i) injury, damage and/or loss occasioned by the gross negligence or willful misconduct of Operator Owner or any contractor or subcontractor retained by it, or any its officers, directors, agents, agents or employees or personnel of any of themformer officers, agents or (ii) a breach of this Agreement by Operatoremployees.