By EKPC. EKPC shall indemnify, defend and hold Seller and Inter-County Energy and their respective employees, directors, officers, managers, members, shareholders and agents, harmless from and against any and all third party claims, suits, damages, losses, liabilities, expenses and costs (including reasonable attorneys’ fees) including, but not limited to, those arising out of property damage, environmental claims, and personal injury and bodily injury (including death, sickness and disease) to the extent caused by EKPC’s: (i) material breach of any obligation, representation or warranty contained in this Agreement; or (ii) negligence or willful misconduct.
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By EKPC. EKPC shall indemnify, defend and hold Seller and Inter-County Shelby Energy and their respective employees, directors, officers, managers, members, shareholders and agents, harmless from and against any and all third party claims, suits, damages, losses, liabilities, expenses and costs (including reasonable attorneys’ fees) including, but not limited to, those arising out of property damage, environmental claims, and personal injury and bodily injury (including death, sickness and disease) to the extent caused by EKPC’s: (i) material breach of any obligation, representation or warranty contained in this Agreement; or (ii) negligence or willful misconduct.
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