Common use of Exceptions to Indemnification by the Province Clause in Contracts

Exceptions to Indemnification by the Province. The obligations of the Province to indemnify under Section 9.5 [Indemnification by the Province] or Section 9.6 [Limited Province Indemnities for Contamination and Nuisance] shall not apply to any Claims or Direct Losses to the extent that: (a) the Claims or Direct Losses are directly attributable to any Project Co Non-Excusable Event; or (b) the Claims or Direct Losses are otherwise compensated for or eligible for compensation or other relief under the terms of this Agreement (including Part 7 [Province Changes and Project Co Proposals], Part 8 [Supervening Events] and Schedule 13 [Compensation on Termination]).

Exceptions to Indemnification by the Province. The obligations of the Province to indemnify under Section 9.5 9.6 [Indemnification by the Province] or Section 9.6 9.7 [Limited Province Indemnities Indemnity for Contamination and Nuisance] shall not apply to any Claims or Direct Losses to the extent that: (a) the Claims or Direct Losses are directly attributable to any Project Co Non-Excusable Event; or (b) the Claims or Direct Losses are otherwise compensated for or eligible for compensation or other relief under the terms of this Agreement (including Part 7 [Province Changes and Project Co Proposals], Part 8 [Supervening Events] and Schedule 13 [Compensation on Termination]).