Lessor Indemnity. Lessor shall indemnify, defend and hold harmless Lessee, its Affiliates, and any officers, agents and employees of any of the foregoing (the “Lessee Indemnitees”) from and against any claim, demand, lawsuit, or action of any kind for injury to or death of persons, including employees of Lessee, and damage or destruction of property, including property of Lessee, any utility company or Lessee, arising out of (i) the gross negligence or willful misconduct of Lessor, its Affiliates or any employees, agents, representatives, contractors or subcontractors of any of Lessor or its Affiliates; or (ii) the material breach by Lessor of any of its obligations, representations or warranties under this Lease. The obligation to indemnify shall extend to and encompass all reasonable costs incurred by any Lessee Indemnitee in defending such claims, demands, lawsuits or actions, including attorney, witness and expert witness fees, and any other litigation related expenses. Lessor’s obligations pursuant to this Section 11(b) shall not extend to claims, demands, lawsuits or actions for liability to the extent attributable to the negligence or willful misconduct of any Lessee Indemnitee or the acts of third parties. Lessor shall pay any cost that may be incurred by any Lessee Indemnitee in enforcing this indemnity, including reasonable attorneys’ fees.
Appears in 1 contract
Sources: Solar Power Purchase Agreement
Lessor Indemnity. Lessor shall indemnify, defend and hold harmless Lessee, its Affiliatesaffiliates, and any officers, agents and employees of any of the foregoing (the “Lessee Indemnitees”) from and against any claim, demand, lawsuit, or action of any kind for injury to or death of persons, including including, but not limited to, employees of LesseeLessee or Lessor, and damage or destruction of property, including including, but not limited to, property of Electric Utility, Lessee, any utility company or LesseeLessor, or other loss or damage incurred by ▇▇▇▇▇▇, arising out of of: (i) the gross negligence grossly negligent acts or omissions or willful misconduct of Lessor, its Affiliates or any employees, agents, representativesofficers, contractors directors, employees or subcontractors of any of Lessor or its Affiliatescontractors; or (ii) the material breach by Lessor of any of its obligations, representations or warranties obligations under this Lease. The obligation to indemnify shall extend to and encompass all reasonable costs incurred by ▇▇▇▇▇▇ and any Lessee Indemnitee Indemnitees in defending such claims, demands, lawsuits or actions, including including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. Lessor’s obligations pursuant to this Section 11(bArticle 22(b) shall not extend to claims, demands, lawsuits or actions for liability to the extent attributable to the negligence or willful misconduct of any ▇▇▇▇▇▇, the Lessee Indemnitee Indemnitees, or their respective contractors, successors or assigns, or the acts of third third-parties. Lessor shall pay any cost costs that may be incurred by any Lessee Indemnitee or the Lessee Indemnitees in enforcing this indemnity, including reasonable attorneys’ attorney fees.
Appears in 1 contract
Sources: Lease