Common use of Claims and Judgments Clause in Contracts

Claims and Judgments. The actual cost of attorneys’ fees, costs, settlements, and/or judgments incurred in connection with any litigation, claims or disputes (except for such matters solely between Owner and Operator) arising out of or in connection with the performance of this Agreement, (including the performance of the Services on real property of or to which Owner does not have sole right, title and possession), except (A) those expenses, fines and penalties resulting from Operator’s negligent acts or omissions or its operation of the Facility or performance of the Services in a manner in violation of this Agreement or any Law or Governmental Requirement in each case in an amount not to exceed (when added with the amount of all other damages subject to Section 7.4) the limitation of liability set forth in Section 7.4, (B) those expenses, fines and penalties resulting from Operator’s gross negligence or willful misconduct (done with an intent to harm) and (C) fees, costs, settlements, and/or judgments for which Operator is reimbursed by proceeds of insurance provided pursuant to Section 11.1 of this Agreement. Costs enumerated in this Section 5.1(b)(xii) shall be reimbursed or paid by Owner pursuant to this Article V and shall not be included for purposes of determining whether expenditures are more than ***** in excess of the aggregate amount of the Budget or the relevant Major Line Item, if applicable;

Claims and Judgments. The actual cost of attorneys’ fees, costs, settlements, and/or judgments incurred in connection with any litigation, claims or disputes (except for such matters solely between Owner and Operator) arising out of or in connection with the performance of this Agreement, (including the performance of the Services on real property of or to which Owner does not have sole right, title and possession), except (A) those expenses, fines and penalties resulting from Operator’s negligent acts or omissions or its operation of the Facility or performance of the Services in a manner in violation of this Agreement or any Law or Governmental Requirement in each case in an amount not to exceed (when added with the amount of all other damages subject to Section 7.4) the limitation of liability set forth in Section 7.4, (B) those expenses, fines and penalties resulting from Operator’s gross negligence or willful misconduct (done with an intent to harm) and (C) fees, costs, settlements, and/or judgments for which Operator is reimbursed by proceeds of insurance provided pursuant to Section 11.1 of this Agreement. Costs enumerated in this Section 5.1(b)(xii) shall be reimbursed or paid by Owner pursuant to this Article V and shall not be included for purposes of determining whether expenditures are more than ***** in excess of the aggregate amount of the Budget or the relevant Major Line Item, if applicable;; *** Certain information on this page has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions.