Common use of Indemnification Limits Clause in Contracts

Indemnification Limits. 14.1 FPL and the QS shall each be responsible for its own facilities. FPL and the QS shall each be responsible for ensuring adequate safeguards for other FPL customers, FPL’s and the QS’s personnel and equipment, and for the protection of its own generating system. Subject to section 2.7 Indemnity to Company, or section 2.71 Indemnity to Company – Governmental, FPL’s General Rules and Regulations of Tariff Sheet No.6.020 each party (the “Indemnifying Party”) agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold harmless the other party (the “Indemnifying Party”) and its officers, directors, employees, agents and contractors (hereinafter called respectively, “FPL Entities” and “QS Entities”) from and against any and all claims, demands, costs, or expenses for loss, damage, or injury to persons or property of the Indemnified Party (or to third parties) caused by, arising out of, or resulting from: (a) a breach by the Indemnifying Party of its covenants, representations, and warranties or obligations hereunder; (b) any act or omission by the Indemnifying Party or its contractors, agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Party’s system; (c) any defect in, failure of, or fault related to, the Indemnifying Party’s generation system; (d) the negligence or willful misconduct of the Indemnifying Party or its contractors, agents, servants or employees; or (e) any other event, act or incident, including the transmission and use of electricity, that is the result of, or proximately caused by, the Indemnifying Party or its contractors, agents, servants or employees. 14.2 Payment by an Indemnified Party will not be a condition precedent to the obligations of the Indemnifying Party under Section 14. No Indemnified Party under Section 14 shall settle any claim for which it claims indemnification hereunder without first allowing the Indemnifying Party the right to defend such a claim. The Indemnifying Party shall have no obligations under Section 14 in the event of a breach of the foregoing sentence by the Indemnified Party. Section 14 shall survive termination of this Agreement.

Indemnification Limits. 14.1 FPL GULF POWER and the QS shall each be responsible for its own facilities. FPL GULF POWER and the QS shall each be responsible for ensuring adequate safeguards for other FPL GULF POWER customers, FPLGULF POWER’s and the QS’s personnel and equipment, and for the protection of its own generating system. Subject to section 2.7 Indemnity to Company, or section 2.71 Indemnity to Company – Governmental, FPL’s General Rules and Regulations of Tariff Sheet No.6.020 each Each party (the “Indemnifying Party”) agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold harmless the other party (the “Indemnifying Party”) and its officers, directors, employees, agents and contractors (hereinafter called respectively, “FPL GULF POWER Entities” and “QS Entities”) from and against any and all claims, demands, costs, or expenses for loss, damage, or injury to persons or property of the Indemnified Party (or to third parties) caused by, arising out of, or resulting from: (a) a breach by the Indemnifying Party of its covenants, representations, and warranties or obligations hereunder; (b) any act or omission by the Indemnifying Party or its contractors, agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Party’s system; (c) any defect in, failure of, or fault related to, the Indemnifying Party’s generation system; (d) the negligence or willful misconduct of the Indemnifying Party or its contractors, agents, servants or employees; or (e) any other event, act or incident, including the transmission and use of electricity, that is the result of, or proximately caused by, the Indemnifying Party or its contractors, agents, servants or employees. 14.2 Payment by an Indemnified Party will not be a condition precedent to the obligations of the Indemnifying Party under Section 14. No Indemnified Party under Section 14 shall settle any claim for which it claims indemnification hereunder without first allowing the Indemnifying Party the right to defend such a claim. The Indemnifying Party shall have no obligations under Section 14 in the event of a breach of the foregoing sentence by the Indemnified Party. Section 14 shall survive termination of this Agreement.