Common use of Dispute Resolution and Indemnification Clause in Contracts

Dispute Resolution and Indemnification. If any Partner, or subcontractor, becomes involved in a contractual or business practices dispute with respect to Program activities, the Partner(s) shall work to settle the dispute amicably utilizing fair and reasonable dispute resolution practices. The relationship between the Partner-Builder and their Rater, as well as the Rater’s Partner-Provider, are independent from NYSERDA or the Program Implementation Contractor. Any disputes or contract issues which may arise between Partners are the sole responsibility of those Partners to resolve. NYSERDA and the Program Implementation Contractor have no responsibility to provide dispute resolution assistance. Regardless of the nature of, or parties involved in, the dispute and any resolution, the Partner(s) shall hold NYSERDA and its Program Implementation Contractor harmless from any legal action arising from work associated with this Program. The Partner(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. The obligations of the Partner(s) under this section shall survive any expiration or termination of this agreement.

Dispute Resolution and Indemnification. ‌ If any Partner, or subcontractor, becomes involved in a contractual or business practices dispute with respect to Program LR NCP or MF NCP activities, the Partner(s) shall work to settle the dispute amicably utilizing fair and reasonable dispute resolution practices. The relationship between the Partner-Builder Partner and their Rater, as well as the Rater’s Partner-Provider, project developer/builder are independent from NYSERDA or the Program Implementation ContractorContractors. Any disputes or contract issues which may arise between Partners and their clients are the sole responsibility of those Partners to resolve. NYSERDA and the Program Implementation Contractor have no responsibility to provide dispute resolution assistance. Regardless of the nature of, or parties involved in, the dispute and any resolution, the Partner(s) shall hold NYSERDA and its Program Implementation Contractor Contractors harmless from any legal action arising from work associated with this Programthe LR NCP or the MF NCP. The Partner(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. The obligations of the Partner(s) under this section shall survive any expiration or termination of this agreement.