Common use of Dispute Resolution and Indemnification Clause in Contracts

Dispute Resolution and Indemnification. ‌ If any PEC, or subcontractor, becomes involved in a contractual or business practices dispute with respect to any New Construction Initiative, the PEC(s) shall work to settle the dispute amicably utilizing fair and reasonable dispute resolution practices. The relationship between the PEC and the project owner are independent from NYSERDA or its Designee. Any disputes or contract issues which may arise between PECs and their clients are the sole responsibility of those PECs to resolve. NYSERDA and its Designee have no responsibility to provide dispute resolution assistance. Regardless of the nature of, or parties involved in, the dispute and any resolution, the PEC(s) shall hold NYSERDA and its Designee harmless from any legal action arising from work associated with any New Construction Initiative. The PEC(s) shall protect, indemnify, and hold harmless NYSERDA and the State of New York from and against all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, attorney’s fees and expenses) imposed upon or incurred by or asserted against NYSERDA or the State of New York resulting from, arising out of or relating to the performance of this Agreement.