Common use of Indemnity By CLI Clause in Contracts

Indemnity By CLI. CLI SHALL FULLY INDEMNIFY AND DEFEND THE LCC GROUP FROM AND AGAINST ANY AND ALL DAMAGES TO THE EXTENT (A) ARISING FROM THE DEVELOPMENT, CONSTRUCTION, OWNERSHIP, OPERATION OR MAINTENANCE OF THE CLI FACILITY, EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(B) OR 21.2.2(C), (B) CAUSED OR CONTRIBUTED TO BY (I) THE NEGLIGENCE OF THE CLI GROUP (EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(C) OR SECTION 21.2.2(D)), (II) GROSS NEGLIGENCE OR THE WILLFUL MISCONDUCT OF THE CLI GROUP OR (III) CLI’S BREACH OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT (EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(C)), (C) RELATING TO ELECTRICITY, STEAM, GASEOUS WASTE FUEL OR LCC NATURAL GAS DELIVERIES DURING THE PERIOD THAT CLI HAS FULL RESPONSIBILITY FOR IT ACCORDING TO SECTIONS 5.5.2, 6.6.2, AND 13.3 AND SECTION 1.4 OF EXHIBIT I, RESPECTIVELY OR TO ELECTRICITY IMBALANCE CHARGES OR TO ANY QUALIFIED OPERATING AGREEMENT, EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(B)(II), OR (D) RELATING (I) TO TAXES FOR WHICH CLI IS RESPONSIBLE ACCORDING TO ARTICLE XV OR GAS IMBALANCE CHARGES FOR WHICH CLI IS RESPONSIBLE ACCORDING TO EXHIBIT I or (ii) to the extent exceeding the cost of Electricity or Steam hereunder, to Alternative Electricity Arrangements or Alternative Steam Arrangements (other than those Alternative Electricity Arrangements or Alternative Steam Arrangements within the scope of the last sentence of Section 5.7 or Section 6.4.2, respectively), except Damages that are within the scope of Section 21.2.2(b)(ii) or 21.2.2(b)(iii).

Indemnity By CLI. CLI SHALL FULLY INDEMNIFY AND DEFEND THE LCC GROUP FROM AND AGAINST ANY AND ALL DAMAGES TO THE EXTENT (A) ARISING FROM THE DEVELOPMENT, CONSTRUCTION, OWNERSHIP, OPERATION OR MAINTENANCE OF THE CLI FACILITY, EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(B11.11(B)(II)(B)(II) OR 21.2.2(C11.10(B)(II)(C), (B) CAUSED OR CONTRIBUTED TO BY (I) THE NEGLIGENCE OF THE CLI GROUP (EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(C) OR SECTION 21.2.2(D11.11(B)(II)(C)), (II) GROSS NEGLIGENCE OR THE WILLFUL MISCONDUCT OF THE CLI GROUP OR (III) CLI’S BREACH OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT (EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(C11.11(B)(II)(C)), (C) RELATING TO ELECTRICITYANY LCC DELIVERABLE, STEAMCLI DELIVERABLE, GASEOUS WASTE FUEL WATER OR LCC NATURAL GAS DELIVERIES SANITARY SEWAGE DURING THE PERIOD THAT CLI HAS FULL RESPONSIBILITY FOR IT ACCORDING TO SECTIONS 5.5.2, 6.6.2, AND 13.3 AND SECTION 1.4 OF EXHIBIT I, RESPECTIVELY ARTICLE 7 OR RELATING TO ELECTRICITY IMBALANCE CHARGES THE SERVICES DESCRIBED ON ATTACHMENT A-9 AND/OR ATTACHMENT A-10 OR RELATING TO ANY QUALIFIED OPERATING AGREEMENTAGREEMENT (AS DEFINED IN THE SEPSA), EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 21.2.2(B)(II11.11(B)(II)(B)(II), OR (D) RELATING (I) TO TAXES FOR WHICH CLI IS RESPONSIBLE ACCORDING TO ARTICLE XV SECTION 4.4, EXCEPT DAMAGES THAT ARE WITHIN THE SCOPE OF SECTION 11.11(B)(II)(B)(II) OR GAS IMBALANCE CHARGES FOR WHICH CLI IS RESPONSIBLE ACCORDING TO EXHIBIT I or (ii) to the extent exceeding the cost of Electricity or Steam hereunder, to Alternative Electricity Arrangements or Alternative Steam Arrangements (other than those Alternative Electricity Arrangements or Alternative Steam Arrangements within the scope of the last sentence of Section 5.7 or Section 6.4.2, respectively), except Damages that are within the scope of Section 21.2.2(b)(ii) or 21.2.2(b)(iii11.10(B)(II)(B)(III).