Common use of Liabilities; Indemnification Clause in Contracts

Liabilities; Indemnification. 8.1. The Producer agrees to hold harmless CEB for any damages to equipment as a result of any failure or malfunction thereof. CEB shall not be liable, indirectly or directly for permitting or continuing to allow the interconnection of the facility or for the acts or misuse or omissions of the Consumer or the failure or malfunction of any Consumer-owned equipment that causes loss or injury, including death, to any party. Whenever any liabilities are incurred by either or both the parties for damages caused by injuries to either party (or their employees or agents) or the property of either party then the liabilities for such damages between the parities will be as follows; 8.1.1. Each party will be liable for all damages because of injuries to persons or property caused solely by its negligence or solely by its failure to comply with thisagreement. 8.1.2. Each party will be liable for all damages to its own property that are caused by the concurrent negligence of both parties, or that are due to causes that cannot be traced to the sole negligence of the other party, to the extent of its negligence therefore. 8.1.3. Each party will be liable for all damages due to injuries to itself or its own employees or agents that are caused by the concurrent negligence of both parties, or that are due to causes that cannot be traced to the sole negligence of either party provided that in no event will a party be liable for damages because of injuries to itself or its own employees and agents in any amount in excess of applicable workmen’s compensation insurance and provided further that this agreement will in no way impair the right of the injured party or its employee or agent to that extent that a third party negligence proximately caused injuries or damages to party or its employee or agent. ▇.▇.▇. ▇▇ the event of claims brought to recover damages because of injuries to persons not employees of either party and because of injuries to property not belonging to either party that are alleged to be caused by the concurrent negligence or both parties or are alleged to be due to causes that cannot be traced to the sole negligence of either party, the parties agree no right of indemnification will exist, so that in all such claims, the issues of liabilities will be determined as a matter of contribution and not as a matter of indemnity. 8.1.5. Neither party will have any liability whatsoever for any special, indirect, consequential or punitive damages. CEYLON ELECTRICITY BOARD PRODUCER By By Name Name Title Title Date Date

Liabilities; Indemnification. 8.1. The Producer agrees to hold harmless CEB for any damages to equipment as a result of any failure or malfunction thereof. CEB shall not be liable, indirectly or directly for permitting or continuing to allow the interconnection of the facility or for the acts or misuse or omissions of the Consumer or the failure or malfunction of any Consumer-owned equipment that causes loss or injury, including death, to any party. Whenever any liabilities are incurred by either or both the parties for damages caused by injuries to either party (or their employees or agents) or the property of either party then the liabilities for such damages between the parities will be as follows; 8.1.1. Each party will be liable for all damages because of injuries to persons or property caused solely by its negligence or solely by its failure to comply with thisagreementthis agreement. 8.1.2. Each party will be liable for all damages to its own property that are caused by the concurrent negligence of both parties, or that are due to causes that cannot be traced to the sole negligence of the other party, to the extent of its negligence therefore. 8.1.3. Each party will be liable for all damages due to injuries to itself or its own employees or agents that are caused by the concurrent negligence of both parties, or that are due to causes that cannot be traced to the sole negligence of either party provided that in no event will a party be liable for damages because of injuries to itself or its own employees and agents in any amount in excess of applicable workmen’s compensation insurance and provided further that this agreement will in no way impair the right of the injured party or its employee or agent to that extent that a third party negligence proximately caused injuries or damages to party or its employee or agent. ▇.▇.▇. ▇▇ the event of claims brought to recover damages because of injuries to persons not employees of either party and because of injuries to property not belonging to either party that are alleged to be caused by the concurrent negligence or both parties or are alleged to be due to causes that cannot be traced to the sole negligence of either party, the parties agree no right of indemnification will exist, so that in all such claims, the issues of liabilities will be determined as a matter of contribution and not as a matter of indemnity. 8.1.5. Neither party will have any liability whatsoever for any special, indirect, consequential or punitive damages. CEYLON ELECTRICITY BOARD PRODUCER By By Name Name Title Title Date DateDate on this …… day of………………… Two Thousand and… between Ceylon Electricity Board, a body corporate duly constituted by Act No. 17 of 1969 and having its head office at ▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇. Gardiner Mawatha, Colombo in the Democratic Socialist Republic of Sri Lanka (hereafter referred to as "CEB"), and located at ……………………………..(complete address of the premises, the same address as in the electricity account and Account Number) hereinafter referred to as “Producer”, and collectively, Parties.