Common use of Release; Indemnification Clause in Contracts

Release; Indemnification. To the fullest extent permitted by law, Applicant, on behalf of Applicant and any other person or entity engaged in claiming by and through Applicant (including, without limitation, as may be relevant, Customers and Aggregators), hereby irrevocably and unconditionally releases and forever discharges, and agrees to defend, indemnify, and hold harmless the Company, its affiliated entities, and their respective contractors, past, present and future officers, directors, trustees, shareholders, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”), from and against, any and all claims, charges, complaints, causes of action, damages, losses, costs, interest, and liabilities of any kind or nature whatsoever, including reasonable attorney’s fees, court costs, costs of experts and costs of investigation, whether known or unknown and whether at law or in equity arising from, related to or in any way connected with the Applicant’s engagement or association with the Program (whether accepted or rejected). Accordingly, the Company recommends that Applicant (and Customers and/or Aggregators, if different) engage qualified engineers or other qualified consultants to evaluate the risks and benefits of participation in the Program and the implementation, operation or use of any project or measure on energy consumption, cost savings, or the operation of Customers’ facilities. Applicant understands that this Agreement may not be approved if the Company determines that the proposed project does not meet the requirements of the Program and that final payment of any incentive amounts is contingent on satisfaction of all terms and conditions of the Program.

Release; Indemnification. To the fullest extent permitted by law, Applicantthe Participant, on behalf of Applicant the Participant and any other person or entity engaged in claiming by and through Applicant the Participant (including, without limitation, as may be relevant, Customers and AggregatorsCustomer, Developer, Equipment Owner, Site Host, or Approved Contractor), hereby irrevocably and unconditionally releases and forever discharges, and agrees to defend, indemnify, and hold harmless the Company, its affiliated entities, and their respective contractors, past, present and future officers, directors, trustees, shareholders, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”), from and against, any and all claims, charges, complaints, causes of action, damages, losses, costs, interest, and liabilities of any kind or nature whatsoever, including reasonable attorney’s fees, court costs, costs of experts and costs of investigation, whether known or unknown and whether at law or in equity arising from, related to or in any way connected with the ApplicantParticipant’s engagement or association with the Program (whether accepted or rejected). AccordinglyAmong other things, O&R shall have no responsibility or liability for items, work or services provided, installed, or performed by the Participant, its employees, its agents, its subcontractors, the Approved Contractor, or any third parties in connection with the Program. The Company recommends that Applicant the Participant (and Customers and/or Aggregatorsany other party, if different) engage qualified engineers or other qualified consultants to evaluate the risks and benefits of participation in the Program and the implementation, operation or use of any project or measure on energy consumptionmeasure, cost savings, or the operation of Customers’ facilitiesthe Site or the Project. Applicant The Participant understands that this Agreement may not continue to be approved if the Company determines at any time that the proposed project Project does not meet the requirements of the Program and that final payment of any incentive amounts is contingent on satisfaction of all terms and conditions of the Program.