Common use of Indemnity/Liability Clause in Contracts

Indemnity/Liability. 7.1 Each Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(each, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses (collectively, "Claims") suffered or incurred by such Indemnified Party, arising from the negligence, intentional misconduct, or breach of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentence. 7.2 In no event shall either Party be liable to the other Party to the extent any Claim is caused by, arising from or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages, in no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 In no event shall Tenant or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure period. 7.6 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 8.1. Each Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(each, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses (collectively, "Claims") suffered or incurred by such Indemnified Party, arising from the negligence, negligence or intentional misconduct, or breach misconduct of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant Grantee may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentence. 7.2 8.2. In no event shall either Party be liable to the other Party to the extent any Claim is claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses are caused by, arising from or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages, in 8.3. In no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 8.4. In no event shall Tenant Grantee or its Related Persons be liable to Owner Grantor for property damage or personal injuries to Owner Grantor or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event 8.5. To the fullest extent permitted by Law, Grantor shall either Party or its Related Persons be liable indemnify, defend (with counsel reasonably acceptable to Grantee) and hold harmless Grantee and ▇▇▇▇▇▇▇’s directors, lenders, officers, employees and agents against any and all claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses, to the Other Party for expenses incurred extent resulting from or arising out of (a) any Hazardous Material existing on the Property as of the Effective Date, or (b) any violation of Section 10.5 below, which obligation shall not be subject to the limitation of liability set forth in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure periodSection 8.3 above. 7.6 8.6. As used herein the term “Related Person” shall mean:mean any affiliates, contractors, lessees, and sublessees of a Party, and each of their respective, principals, officers, employees, servants, agents, representatives, subcontractors, licensees, invitees, and/or guests.

Indemnity/Liability. 7.1 Each Party 7.1. Grantee (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party Owner and such other Party's Related Persons (as defined below)(each, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses (collectively, "Claims") suffered or incurred by such Indemnified Party, arising from the negligence, negligence or intentional misconduct, or breach misconduct of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant Grantee may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentencesentence when Grantee is the Indemnifying Party. 7.2 7.2. In no event shall either Party be liable to the other Party to the extent any Claim is caused by, arising from or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages, in 7.3. In no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 7.4. In no event shall Tenant Grantee or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event 7.5. To the fullest extent permitted by Law, Grantee shall either Party or its indemnify, defend (with counsel reasonably acceptable to Owner) and hold harmless Owner and Owner’s Related Persons be liable against any and all Claims, to the Other Party for expenses incurred in such other Partyextent resulting from or arising out of any Hazardous Material added to or brought onto the Property, or any environmental condition created or exacerbated, by Grantee or any of Grantee’s lawful enforcement of its rights under this Agreement for a default during any applicable cure periodRelated Persons. 7.6 7.6. As used herein the term “Related Person” shall mean:mean any affiliates, contractors, lessees, and sublessees of a Party, and each of their respective, principals, officers, employees, servants, agents, representatives, subcontractors, licensees, invitees, and/or guests.

Indemnity/Liability. 7.1 Each Party (To the "Indemnifying Party") extent permitted by law, each party to this ▇▇▇ shall protect, defend, indemnify indemnify, and hold harmless the other Party Parties, and such other Party's Related Persons (as defined below)(eachtheir officers, an "Indemnified Party") officials, employees, and agents, while acting within the scope of their employment, from and against any and all third party (excluding Related Persons) costs, claims, litigationdemands, actions, proceedings, lossesjudgments, damages, liabilitiesor liability of any kind including death or injuries to persons or damages to property, obligationswhich arise out of, costs and expensesor any way result from, including reasonable attorneys’or due to any negligent acts or omissions of the indemnifying party. Provided, investigators’ and consulting feeshowever, court costs and litigation expenses (collectively, "Claims") suffered that if such claims are caused by or incurred by such Indemnified Party, arising result from the negligenceconcurrent negligence of (a) the indemnifying party and (b) an indemnified party, intentional misconducttheir employees and/or officers, or breach of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentence. 7.2 In no event indemnity provision shall either Party be liable to the other Party valid and enforceable only to the extent of the negligence of the indemnifying party, their employees and/or officers; and provided further, that nothing herein shall require a party to hold harmless or defend any Claim is caused by, other party or its employees and/or officers from any claims arising from such other party's sole negligence or contributed that of its employees and/or officers. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Each Party shall bear its own costs for any loss, injury, or damage to equipment that is not caused by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages, in no event, whether as a result another party to this ▇▇▇. No party shall be deemed to be the agent of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 In no event shall Tenant or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights party when performing under this Agreement for a default during any applicable cure period▇▇▇. 7.6 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 Each Party (8.1 Subject to Clause 8.3, the "Indemnifying Party") Service Provider will be responsible for the safety and well being of Patients whilst they are attending the Service Provider Premises or using the Equipment and accordingly the Service Provider shall defendindemnify the Purchaser against all liabilities, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(eachcosts, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, lossesexpenses, damages, liabilitiesand losses (including any interest, obligations, penalties and legal and other professional costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses ) (collectively, "Claims"“Claim”) suffered or incurred by the Purchaser arising out of in connection with any claim made against the Purchaser by a third party arising out of or in connection with the the provision of the Services, to the extent that such Indemnified Partyclaim arises out the the breach, negligent performance, or failure or delay in performance of this Contract by the Service Provider. 8.2 The Purchaser shall hold harmless and keep the Service Provider fully and effectively indemnified against all liabilities, costs, expenses, damages and losses (including any interest, penalties and legal and other professional costs and expenses) (“Claim”) suffered or incurred by the Service Provider arising out of or in connection with any claim made against the Service Provider by a third party:- (a) for death, personal injury or damage to property arising from the negligence, intentional misconduct, Purchaser’s interaction with the Patient; (b) arising out of or in connection with Patient safety arising from the Purchaser’s interaction with the Patient; (c) arising out of any approval issued by an employee or representative of the Purchaser for a Patient to undergo any scanning procedure; and (d) in respect of medical treatment provided to a Patient including a failure to provide such treatment. 8.3 The indemnity in Clause 8.2 will not apply to the extent that the Claim arises solely as a result of the Service Provider’s negligence or its deliberate breach of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentenceContract. 7.2 In 8.4 Other than set out in this Contract, in no event circumstances shall either Party be liable to the other Party for: (a) any loss (whether direct or indirect) of revenue or profits; (b) any loss (whether direct or indirect) of anticipated savings; (c) any loss (whether direct or indirect) of goodwill or injury to the extent reputation; (d) any Claim is caused byloss (whether direct or indirect) of business opportunity; (e) any loss (whether direct or indirect) of corruption to data; and/or; (f) indirect, consequential or special loss or damage; in each case arising from out of or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages, in no event, whether connection with this Contract including without limitation as a result of breach of contract, warrantynegligence or any other tort, indemnityunder statute or otherwise, and regardless of whether the party knew or had reason to know of the possibility of the loss, injury or damage in question. 8.5 Each party’s total liability in contract, tort (including negligence)) or breach of statutory duty, strict liability misrepresentation, restitution or otherwise, otherwise arising in connection with the performance or contemplated performance of this Contract shall either Party be liable limited to twice the other Party for loss total of profit or revenues, loss the Fees which the parties anticipate will be paid in each year of business opportunities or for any other special, consequential, incidental, indirect or exemplary damagesthe Contract. 7.4 In no event shall Tenant or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure period. 7.6 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 2.1 Each Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(eachbelow) (each, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses (collectively, "Claims") suffered or incurred by such Indemnified Party, arising from the negligence, negligence or intentional misconduct, or breach misconduct of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant Grantee may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentence.. NO- this needs to be greatly increased for Owner 7.2 2.2 In no event shall either Party be liable to the other Party to the extent any Claim is caused by, arising from or contributed by the ordinary negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 2.3 Except for payments expressly required herein (such as crop damage compensation) or direct damagesherein, in no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. NO—if your fields are contaminated then you can’t plant or sale the property. 7.4 In no event shall Tenant Grantee or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noiseflickering, noise and electromagnetic fields, and glare. 7.5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure period. 7.6 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 9.1. Each Party party (the "“Indemnifying Party"”) shall defendon demand indemnify, indemnify and hold harmless and defend the other Party Party, its Affiliates and such other Party's Related Persons their respective directors, employees and agents (as defined below)(each, an "“Indemnified Party"”) from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligationscosts, costs and expenses, including reasonable attorneys’, investigators’ damages and consulting fees, court costs and litigation expenses (collectively, "Claims") losses suffered or incurred by such the Indemnified Party, Party arising from out of or in connection with: (a) any claim brought against the negligence, intentional misconduct, Indemnified Party for actual or breach alleged infringement of any Applicable Laws and/or a third party’s rights (including Intellectual Property Rights) arising out of or in connection with the receipt and/or use (in accordance with this Agreement Agreement) of any materials (including the Advertising Materials) supplied by the Indemnifying PartyParty in connection with this Agreement; (b) any breach by the Indemnifying Party of any provisions of Section 8 (privacy). 9.2. Notwithstanding Should the foregoing circumstances giving rise to liability under Section 9.1. occur (a “Claim”), the contraryIndemnified Party will provide the Indemnifying Party with prompt written notification of such Claim, Tenant may electand will , upon written noticewithout undue delay, provide the Indemnifying Party (at its own cost) with all necessary documents and information which could have an impact on the outcome of relevant proceedings as well as with cooperation and assistance in connection with such Claim. The Indemnifying Party shall have full control and authority to control investigate, defend and settle such Claim, provided that any or all aspects settlement of such Claim requires prior consent of the defense of any legal action covered by the prior sentenceIndemnified Party (which shall not be unreasonably withheld). 7.2 In 9.3. Nothing in these Terms of Service limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and any liability which cannot be legally limited or excluded. 9.4. Subject to Section 9.3. and 9.1. and except for the obligation to make payment of remuneration under the Agreement, breaches related to handling of Confidential Information and processing of personal data in no event shall either Party be liable Party’s aggregate liability arising out of or related to the other Party to the extent any Claim is caused by, arising from or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except Agreement for payments expressly required herein (such as crop damage compensation) or direct damages, in no eventwhatever cause, whether as a result arising out of or related to breach of contract, warranty, indemnity, tort (including negligence), strict liability misrepresentation, breach of statutory duty or otherwise, exceed the total value of the amounts paid and payable to RTB House, pursuant to the specific campaign in relation to which the Claim took place, during the six (6) month period preceding the event giving rise to the Claim. 9.5. Subject to Section 9.3 neither Party shall either Party be liable to the other Party for any loss or damage resulting from discontinuity in provision of the Services as a result of either Party’s exercising its rights under Section 10.3. Subject to Section 9.3 RTB House shall not be liable for any loss or damage suffered by the Client resulting from: (a) discontinuity in provision of the Services as a result of RTB House’s exercising its rights under Section 10.5; (b) any act or omission of the Client in breach of the provisions of this Agreement by the Client or any third party engaged by the Client in connection with the Services. 9.6. Subject to Section 9.3 neither Party shall have any liability towards the other Party for any: (a) consequential or indirect loss; (b) loss of profit or revenuesprofits; (c) loss of use of data; (d), loss of sales or business; (e) loss of agreements or contracts,; (f) loss of anticipated savings; (g) loss of or damage to goodwill; (viii) and/or business opportunities or for any other special, consequential, incidental, indirect or exemplary damagesinterruption. 7.4 In no event shall Tenant or its Related Persons 9.7. Neither Party will be liable to Owner for property damage delay or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event shall either Party or its Related Persons be liable to default in the Other Party for expenses incurred in such other Party’s lawful enforcement performance of its rights respective obligations under this the Agreement for if such delay or default is caused by a default during Force Majeure Event. Force Majeure Event means any applicable cure periodcircumstances not within a party’s reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages or network failures. 7.6 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 Each Party (the "“Indemnifying Party"”) shall defend, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(each, an "“Indemnified Party"”) from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses (collectively, "“Claims"”) suffered or incurred by such Indemnified Party, for physical injury to any person (excluding Related Persons) or physical damage to property arising from (i) the negligence, negligence or intentional misconduct, tortious acts or breach omissions of this Agreement by the Indemnifying PartyParty or (ii) a violation of applicable laws or permits. Notwithstanding the foregoing to the contrary, Tenant Grantee may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentencefor which it has assumed an indemnity obligation. 7.2 In no event shall either an Indemnifying Party be liable to the other an Indemnified Party to the extent any Claim is caused by, arising arises from or is contributed to by the negligence or intentional misconduct tortious acts or omissions of such other any Indemnified Party. Neither Party shall be indemnified for Claims resulting from its sole negligence or intentional wrongful acts. These indemnity provisions shall not be construed to relieve any Related Person thereofinsurer of its obligations to pay claims consistent with the provisions of a valid insurance policy. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damagesherein, in no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party, or any Indemnifying Party be liable to an Indemnified Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 In no event shall Tenant Owner agrees that neither Owner nor any Related Person may bring a claim for nuisance or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day other damages arising from the ordinary operation of electrical generating facilities, the Solar Facilities as long as such as noise, electromagnetic fields, operation is conducted in compliance with all applicable laws and glare. 7.5 permits. In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure period. 7.6 7.5 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 Each Party (the "Indemnifying Party") shall defend, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(eachbelow) (each, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigation, actions, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation expenses (collectively, "Claims") suffered or incurred by such Indemnified Party, arising from the negligence, negligence or intentional misconduct, or breach misconduct of this Agreement by the Indemnifying Party. Notwithstanding the foregoing to the contrary, Tenant Grantee may elect, upon written notice, to control any or all aspects of the defense of any legal action covered by the prior sentence. 7.2 In no event shall either Party be liable to the other Party to the extent any Claim is caused by, arising from or contributed by the negligence or intentional misconduct of such other Party or any Related Person thereof. 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages), in no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 In no event shall Tenant Grantee or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare, or from any runoff or altered drainage patterns resulting from ▇▇▇▇▇▇▇’s grading of the Property. 7.5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure period. 7.6 As used herein the term “Related Person” shall mean:

Indemnity/Liability. 7.1 Each Party ‌ 15.1 The Company relies upon the Provider exercising the standard of care set out in Clause 9 in the performance of the Flexibility Services and their obligations hereunder and upon the accuracy of all representations and statements made and advice given by the Provider in connection with this Agreement. 15.2 Subject to Clause 15.4 the Provider shall indemnify the Company against all Loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Company as a result of: 15.2.1 the Provider’s breach of this Agreement; 15.2.2 any negligence or reckless act or omission committed by the Provider in the course of providing the Flexibility Services; 15.2.3 Loss or damage to any property (including property of the "Indemnifying Party") shall defendCompany); or 15.2.4 all related actions, indemnify and hold harmless the other Party and such other Party's Related Persons (as defined below)(eachsuits, an "Indemnified Party") from and against any and all third party (excluding Related Persons) claims, litigationdemands, actionscosts, proceedings, losses, damages, liabilities, obligations, costs and expenses, including reasonable attorneys’, investigators’ and consulting fees, court costs and litigation charges or expenses (collectively, "Claims") suffered to the extent that the same is caused by any negligent act or incurred by such Indemnified Party, arising from the negligence, intentional misconduct, omission or breach of this Agreement statutory duty, regulation or by-law by the Indemnifying Party. Notwithstanding Provider, its sub-consultants or their respective servants or agents in connection with this Agreement. 15.3 Subject to Clause 15.4 the foregoing Company shall be responsible for the Provider in respect of liability for personal injury to or death of any person to the contrary, Tenant may elect, upon written notice, to control extent that the same is caused by any negligent act or all aspects omission or breach of the defense of any legal action covered statutory duty by the prior sentenceCompany, his employees or their respective agents in connection with this Agreement. 7.2 In no event shall 15.4 Notwithstanding any other provision in this Agreement, the aggregate total liability of either Party be liable to the other Party under or in connection with this Agreement whether in contract tort or delict or howsoever arising shall from time to time be limited to the extent any Claim is caused byaggregate total charges payable or paid to the Provider under this Agreement. This Clause shall not limit or exclude either Party’s liability:‌ 15.4.1 in the case of fraud, arising from misrepresentation or contributed by wilful misconduct; 15.4.2 in the negligence case of death or intentional misconduct of such other Party or any Related Person thereof.personal injury; 7.3 Except for payments expressly required herein (such as crop damage compensation) or direct damages, 15.4.3 in no event, whether as a result the case of breach of contract, warranty, indemnity, tort (including negligence), strict statutory duty; or 15.4.4 where the Provider has invalidated such insurance referred to in Clause 8 or has not complied with such insurance policies. 15.5 Notwithstanding anything to the contrary neither Party shall have any liability or otherwise, shall either Party be liable to the other Party for loss of profit or revenues, loss of business opportunities or for any other special, consequential, incidental, indirect or exemplary damages. 7.4 In no event shall Tenant or its Related Persons be liable to Owner for property damage or personal injuries to Owner or its Related Persons attributable to risks of known and unknown dangers associated with normal day-to-day operation of electrical generating facilities, such as noise, electromagnetic fields, and glare. 7.5 In no event shall either Party or its Related Persons be liable to the Other Party for expenses incurred in such other Party’s lawful enforcement of its rights under this Agreement for a default during any applicable cure periodindirect or consequential loss of any kind howsoever caused. 7.6 As used herein the term “Related Person” shall mean: