Disclaimer of Liability and Indemnification. Franklin Energy and PG&E make no representation or warranty, and assume no liability with respect to quality, safety, performance, or other aspect of any design, system or appliance installed pursuant to this agreement or arising out of the customer’s participation in the program, and franklin energy and PG&E expressly disclaim any such representation, warranty or liability. Customer agrees not to xxx xxxxxxxx energy or PG&E for anything relating to or arising out of customer’s participation in the program. Customer therefore releases franklin energy and PG&E from any liability arising out of this agreement and customer’s participation in the program. Customer waives the provisions of California civil code 1542, which provides as follows: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor. Customer agrees to indemnify franklin energy, PG&E, their affiliates, subsidiaries, parent companies, officers, directors, agents, and employees against all loss, damage, expense, fees, costs and liability arising from any measures installed.
Appears in 3 contracts
Samples: Customer Participation Agreement, Customer Participation Agreement, Customer Participation Agreement
