Common use of Additional Cross Indemnity. Without limiting Section 12 Clause in Contracts

Additional Cross Indemnity. Without limiting Section 12. 1.1 and Section 12.1.2, (a) Seller shall indemnify, defend and hold harmless the PacifiCorp Indemnitees from and against all Liabilities resulting from, arising out of, or in any way connected with (i) the Charging Energy after its delivery by PacifiCorp at the Point of Delivery and the Discharging Energy prior to its delivery to PacifiCorp at the Point of Delivery; (ii) any action by any Governmental Authority due to noncompliance by Seller with any Requirements of Law or the provisions of this Agreement, including the breach by Seller of any of its covenants in Section 3.2.15, Section 3.2.16 or Section 3.2.17; (iii) PacifiCorp being deemed by an RTO to be financially responsible for Seller’s performance under the Generation Interconnection Agreement pursuant to Section 6.6.2; and (iv) Seller’s failure to comply with PacifiCorp’s dispatch instructions in accordance with Section 6.9.1 or Charging Notices or Discharging Notices in accordance with Section 6.15.2, including Excess Charging Energy, except in each case to the extent such Liabilities are caused by the gross negligence, willful misconduct or a breach of this Agreement by any PacifiCorp Indemnitee; and (b) PacifiCorp shall indemnify, defend and hold harmless the Seller Indemnitees from and against all Liabilities resulting from, arising out of, or in any way connected with: (i) the Charging Energy prior to its delivery by PacifiCorp at the Point of Delivery and the Discharging Energy at and after its delivery to PacifiCorp at the Point of Delivery in accordance with this Agreement; and (ii) any action by any Governmental Authority due to noncompliance by PacifiCorp with any Requirements of Law or the provisions of this Agreement, except in each case to the extent such Liabilities are caused by the gross negligence, willful misconduct, or a breach of this Agreement by any Seller Indemnitees.

Additional Cross Indemnity. Without limiting Section 12. 1.1 and Section 12.1.2, (a) Seller shall indemnify, defend and hold harmless the PacifiCorp Indemnitees from and against all Liabilities resulting from, arising out of, or in any way connected with with: (i) the Charging Energy after its delivery by PacifiCorp at the Point of Delivery and the Discharging Energy Net Output prior to its delivery to PacifiCorp by Seller at the Point of Delivery; (ii) any action by any Governmental Authority due to noncompliance by Seller with any Requirements of Law or the provisions of this Agreement, including the breach by Seller of any of its covenants in Section 3.2.15, Section 3.2.16 3.2.16, Section 3.2.17 or Section 3.2.173.2.18; (iii) PacifiCorp being deemed by an RTO to be financially responsible for Seller’s performance under the Generation Interconnection Agreement pursuant to Section 6.6.2; and (iv) Seller’s failure to comply with PacifiCorp’s dispatch instructions in accordance with Section 6.9.1 or Charging Notices or Discharging Notices in accordance with Section 6.15.2, including Excess Charging Energy, 6.9.1; except in each case to the extent such Liabilities are caused by the gross negligence, willful misconduct or a breach of this Agreement by any PacifiCorp Indemnitee; , and (b) PacifiCorp shall indemnify, defend and hold harmless the Seller Indemnitees from and against all Liabilities resulting from, arising out of, or in any way connected with: (i) the Charging Energy prior to its delivery by PacifiCorp at the Point of Delivery and the Discharging Energy Net Output at and after its delivery to PacifiCorp at the Point of Delivery in accordance with this Agreement; and (ii) any action by any Governmental Authority due to noncompliance by PacifiCorp with any Requirements of Law or the provisions of this Agreement, except in each case to the extent such Liabilities are caused by the gross negligence, willful misconduct, or a breach of this Agreement by any Seller Indemnitees.