Common use of Contractor Indemnity Clause in Contracts

Contractor Indemnity. Without limiting the generality of Section 13.1.1 hereof, Contractor shall fully indemnify, save harmless and defend the Owner Indemnified Parties from and against any and all Damages in favor of any governmental authority or other third party to the extent caused by 115 (a) failure of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreement, (b) failure of Contractor or any Subcontractor to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) or any other taxes, fees and contributions required to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which are payable by Contractor or any Subcontractor in connection with the Services; provided, that the indemnification under clause (a) hereof shall not cover Damages to the extent such Damages are caused by Owner's operation of the Facility following the first to occur of Provisional Acceptance, Interim Acceptance and Final Acceptance of the Facility hereunder (unless the operational performance of the Facility shall have been adversely affected by Contractor's performance of the Services hereunder following Provisional Acceptance, Interim Acceptance or Final Acceptance of the Facility).

Contractor Indemnity. Without limiting To the generality of Section 13.1.1 hereoffullest extent permitted by law, the Contractor shall fully assumes all liability for and agrees to indemnify, save defend (at option of Owner) and hold harmless and defend the Owner Indemnified Parties from and against any and all Damages claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, expenses (including reasonable attorneys’ fees), assessments, and causes of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person), or damage to property (either real, personal or otherwise), or otherwise, that either directly or indirectly arise out of or relate to the performance by the Contractor Responsible Parties of this Contract, the Work or Services, the use by the Contractor Responsible Parties of the Owner’s property (both real and personal), any labor, materials, Inputs and equipment furnished by Contractor Responsible Parties, or any representation or warranty made by Contractor in favor any Contract Document. Additionally, the Contractor agrees to assume all liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective of any governmental authority partial or other third party contributed negligence or alleged partial or contributed negligence of Owner, except to the extent caused by 115 (a) failure extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. Contractor shall nevertheless remain liable hereunder on account of the negligence of a party other than Owner whether or not Owner is partially negligent. The indemnification obligations of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreement, (b) failure provided for herein shall in all events survive performance of the other obligations of Contractor or under this Contract and shall survive termination of this Contract for any Subcontractor to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) reason. Such indemnification shall also include any claims arising under right- of-way agreements, licenses or any other taxes, fees and contributions required forms of contracts or permits which Owner has relating to the property upon which the Work or Services to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which done hereunder are payable by Contractor or any Subcontractor in connection with the Services; provided, that the indemnification under clause (a) hereof shall not cover Damages to the extent such Damages are caused by Owner's operation of the Facility following the first to occur of Provisional Acceptance, Interim Acceptance and Final Acceptance of the Facility hereunder (unless the operational performance of the Facility shall have been adversely affected by Contractor's performance of the Services hereunder following Provisional Acceptance, Interim Acceptance or Final Acceptance of the Facility)performed.

Contractor Indemnity. Without limiting the generality of Section 13.1.1 hereofExcept with respect to a Nuclear Incident, Contractor shall fully indemnify, save defend and hold harmless Owner, its Affiliates, and defend the Owner Indemnified Parties their respective partners, shareholders, officers, directors, and lenders from and against Third Party Claims and costs and expenses associated therewith (including attorneys' fees) from any and all Damages in favor injury of any governmental authority or death to natural persons, or damage to or destruction of third party property (i.e., property other than the Facility or other third party property belonging to Owner) to the extent caused by 115 arising from (ai) failure the negligent or willful acts or omissions of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreementits Personnel or Invitees acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions, (bii) failure of Contractor or any Subcontractor Liens arising from nonpayment to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) or any other taxes, fees and contributions required to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which are payable by Contractor or any Subcontractor in connection with the Services; providedWork, provided that Contractor has been paid in accordance with this Agreement, or (iii) the indemnification under clause (a) hereof shall not cover Damages release on or from the Site of any Hazardous Materials, but only to the extent such Damages release is due to Contractor's or a Subcontractor's or their Personnel's or Invitees' negligence or willful misconduct while acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions. Contractor's obligations in this Section 15.1 are caused by Owner's operation limited to the proceeds of the Facility following insurances required to be provided hereunder, provided that if the first to occur of Provisional Acceptanceinsurance program is a Contractor controlled insurance program, Interim Acceptance and Final Acceptance the limit shall be the amount of the Facility proceeds from such insurance (or the proceeds which would have been received, if Contractor had not failed to obtain such insurance). Contractor's obligations in this Section 15.1 are further conditioned upon Owner giving Contractor prompt notice of any known claims for which it seeks indemnity hereunder (unless the operational performance of the Facility shall have been adversely affected by along with documentation which reasonably evidences Contractor's performance responsibility thereof) and Owner providing such assistance and cooperation in the defense of indemnified claims as Contractor shall reasonably request as set forth in more detail in Section 15.5. In the Services hereunder following Provisional Acceptanceevent that Owner or Owner Interests incur any cost, Interim Acceptance loss, damage or Final Acceptance expense arising out of the Facility)or resulting from any Third Party Claim for which Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor is required to indemnify Owner or Owner Interests pursuant to this Section 15.2, Contractor shall promptly reimburse Owner for such cost, loss, damage or expense.

Contractor Indemnity. Without limiting To the generality of Section 13.1.1 hereoffullest extent permitted by law, the Contractor shall fully assumes all liability for and agrees to indemnify, save defend (at option of Owner) and hold harmless and defend the Owner Indemnified Parties from and against any and all Damages claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, expenses (including reasonable attorneys’ fees), assessments, and causes of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person), or damage to property (either real, personal or otherwise), or otherwise, that either directly or indirectly arise out of or relate to the performance by the Contractor Responsible Parties of this Contract, the Work or Services, the use by the Contractor Responsible Parties of the Owner’s property (both real and personal), any labor, materials, Inputs and equipment furnished by Contractor Responsible Parties, or any representation or warranty made by Contractor in favor any Contract Document. Additionally, the Contractor agrees to assume all liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective of any governmental authority partial or other third party contributed negligence or alleged partial or contributed negligence of Owner, except to the extent caused by 115 (a) failure extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. Contractor shall nevertheless remain liable hereunder on account of the negligence of a party other than Owner whether or not Owner is partially negligent. The indemnification obligations of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreement, (b) failure provided for herein shall in all events survive performance of the other obligations of Contractor or under this Contract and shall survive termination of this Contract for any Subcontractor to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) reason. Such indemnification shall also include any claims arising under right-of-way agreements, licenses or any other taxes, fees and contributions required forms of contracts or permits which Owner has relating to the property upon which the Work or Services to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which done hereunder are payable by Contractor or any Subcontractor in connection with the Services; provided, that the indemnification under clause (a) hereof shall not cover Damages to the extent such Damages are caused by Owner's operation of the Facility following the first to occur of Provisional Acceptance, Interim Acceptance and Final Acceptance of the Facility hereunder (unless the operational performance of the Facility shall have been adversely affected by Contractor's performance of the Services hereunder following Provisional Acceptance, Interim Acceptance or Final Acceptance of the Facility)performed.

Contractor Indemnity. Without limiting the generality of Section 13.1.1 hereofExcept with respect to a Nuclear Incident, Contractor shall fully indemnify, save defend and hold harmless Owner, its Affiliates, and defend the Owner Indemnified Parties their respective partners, shareholders, officers, directors, and lenders from and against Third Party Claims and costs and expenses associated therewith (including attorneys' fees) from any and all Damages in favor injury of any governmental authority or death to natural persons, or damage to or destruction of third party property (i.e., property other than the Facility or other third party property belonging to Owner) to the extent caused by 115 arising from (ai) failure the negligent or willful acts or omissions of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreementits Personnel or Invitees acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions, (bii) failure of Contractor or any Subcontractor Liens arising from nonpayment to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) or any other taxes, fees and contributions required to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which are payable by Contractor or any Subcontractor in connection with the Services; providedWork, provided that Contractor has been paid in accordance with this Agreement, or (iii) the indemnification under clause (a) hereof shall not cover Damages release on or from the Site of any Hazardous Materials, but only to the extent such Damages release is due to Contractor's or a Subcontractor's or their Personnel's or Invitees' negligence or willful misconduct while acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions. Contractor's obligations in this Section 15.1 are caused by Owner's operation limited to the proceeds of the Facility following insurances required to be provided hereunder, provided that if the first to occur of Provisional Acceptanceinsurance program is a Contractor controlled insurance program, Interim Acceptance and Final Acceptance the limit shall be the amount of the Facility proceeds from such insurance (or the proceeds which would have been received, if Contractor had not failed to obtain such insurance). Contractor's obligations in this Section 15.1 are further conditioned upon Owner giving Contractor prompt notice of any known claims for which it seeks indemnity hereunder (unless the operational performance of the Facility shall have been adversely affected by along with documentation which reasonably evidences Contractor's performance responsibility thereof) and Owner providing such assistance and cooperation in the defense of indemnified claims as Contractor shall reasonably request as set forth in more detail in Section 15.5. In the Services hereunder following Provisional Acceptanceevent that Owner or Owner Interests incur any cost, Interim Acceptance loss, damage or Final Acceptance expense arising out of the Facility)or resulting from any Third Party Claim for which Contractor is required to indemnify Owner or Owner Interests pursuant to this Section 15.2, Contractor shall promptly reimburse Owner for such cost, loss, damage or expense.

Contractor Indemnity. Without limiting the generality of Section 13.1.1 hereofExcept with respect to a Nuclear Incident, Contractor shall fully indemnify, save defend and hold harmless Owner, its Affiliates, and defend the Owner Indemnified Parties their respective partners, shareholders, officers, directors, and lenders from and against Third Party Claims and costs and expenses associated therewith (including attorneys’ fees) from any and all Damages in favor injury of any governmental authority or death to natural persons, or damage to or destruction of third party property (i.e., property other than the Facility or other third party property belonging to Owner) to the extent caused by 115 arising from (ai) failure the negligent or willful acts or omissions of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreementits Personnel or Invitees acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions, (bii) failure of Contractor or any Subcontractor Liens arising from nonpayment to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) or any other taxes, fees and contributions required to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which are payable by Contractor or any Subcontractor in connection with the Services; providedWork, provided that Contractor has been paid in accordance with this Agreement, or (iii) the indemnification under clause (a) hereof shall not cover Damages release on or from the Site of any Hazardous Materials, but only to the extent such Damages release is due to Contractor’s or a Subcontractor’s or their Personnel’s or Invitees’ negligence or willful misconduct while acting within the scope of their employment or for which applicable Law would otherwise hold Contractor liable for such acts or omissions. Contractor’s obligations in this Section 15.1 are caused by Owner's operation limited to the proceeds of the Facility following insurances required to be provided hereunder, provided that if the first to occur of Provisional Acceptanceinsurance program is a Contractor controlled insurance program, Interim Acceptance and Final Acceptance the limit shall be the amount of the Facility proceeds from such insurance (or the proceeds which would have been received, if Contractor had not failed to obtain such insurance). Contractor’s obligations in this Section 15.1 are further conditioned upon Owner giving Contractor prompt notice of any known claims for which it seeks indemnity hereunder (unless along with documentation which reasonably evidences Contractor’s responsibility thereof) and Owner providing such assistance and cooperation in the operational performance defense of indemnified claims as Contractor shall reasonably request as set forth in more detail in Section 15.5. [**] “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Facility shall have been adversely affected by Contractor's performance of the Services hereunder following Provisional Acceptance, Interim Acceptance or Final Acceptance of the Facility).Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures [**]

Contractor Indemnity. Without limiting To the generality of Section 13.1.1 hereoffullest extent permitted by law, the Contractor shall fully assumes liability for and agrees to indemnify, save defend (at option of Owner) and hold harmless and defend the Owner Indemnified Parties from and against any claims, liabilities, damages, fines, penalties, losses, judgments, charges, costs, expenses (including reasonable attorneys’ fees), assessments, and causes of action, of every kind or character (whether just or unjust), including but not limited to claims involving personal injury (including death to any employee or other person), or damage to property (either real, personal or otherwise), or otherwise, that either directly or indirectly arise out of or relate to the performance by the Contractor Responsible Parties of this Contract, the Work or Services, the use by the Contractor Responsible Parties of the Owner’s property (both real and personal), any labor, materials, Inputs and equipment furnished by Contractor Responsible Parties, or any representation or warranty made by Contractor in any Contract Document. Additionally, the Contractor agrees to assume all Damages in favor liabilities, attorneys’ fees and other costs incurred by Owner Indemnified Parties arising out of their efforts to enforce the indemnification provisions of this Section. The indemnification obligations of Contractor provided for herein shall apply irrespective of any governmental authority partial or other third party contributed negligence or alleged partial or contributed negligence of Owner, except to the extent caused by 115 (a) failure extent, if any, that the provisions of Section 5-322.1 of the New York General Obligations Law require otherwise. Contractor shall nevertheless remain liable hereunder on account of the negligence of a party other than Owner whether or not Owner is partially negligent. The indemnification obligations of Contractor or any Subcontractor to comply with Applicable Laws and Applicable Permits as required by this Agreement, (b) failure provided for herein shall in all events survive performance of the other obligations of Contractor under this Contract and shall survive termination of this Contract for any reason for a period of one (1) year or until an Order issued by a Court of Regulator of competent jurisdiction. Such indemnification shall also include any Subcontractor to properly administer and pay the Taxes as required hereunder (including without limitation the Contractor Taxes) claims arising under right-of-way agreements, licenses or any other taxes, fees and contributions required forms of contracts or permits which Owner has relating to the property upon which the Work or Services to be paid by Contractor or any Subcontractor under Applicable Laws, provided that Contractor will not indemnify the Owner Indemnified Parties for any penalties on Project Taxes to the extent that Contractor or its Subcontractors become liable therefor as a result of Owner's failure to promptly pay any amounts when due, and such amounts should have been rightfully paid when due, or (c) nonpayment of amounts due as a result of furnishing materials or services to Contractor or any Subcontractor which done hereunder are payable by Contractor or any Subcontractor in connection with the Services; provided, that the indemnification under clause (a) hereof shall not cover Damages to the extent such Damages are caused by Owner's operation of the Facility following the first to occur of Provisional Acceptance, Interim Acceptance and Final Acceptance of the Facility hereunder (unless the operational performance of the Facility shall have been adversely affected by Contractor's performance of the Services hereunder following Provisional Acceptance, Interim Acceptance or Final Acceptance of the Facility)performed.