Common use of Indemnity by Seller Clause in Contracts

Indemnity by Seller. Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any and all Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) [the Tolling Services, after the Gas Delivery Point and prior to and at the Electrical Delivery Point; (ii)] the Products prior to and at the Electrical Delivery Point or Gas after the Gas Delivery Point; (iii) Seller’s operation and/or maintenance of the Units, the Facility or the Site; (iv) Third Party Claims arising from Seller’s actions or inactions, (v) Third Party Claims arising from Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Facility; (vi) any environmental matters associated with the Facility or the Site, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; or (vii) resulting from Seller’s violation of any applicable Law, or Transmission Provider, NERC or WECC or Reliability Organization requirements; in each case including any loss, claim, action or suit, for or on account of injury, bodily or otherwise, to, or death of, persons, or for damage to or destruction or economic loss of property belonging to Buyer, Seller, or others, excepting only such Indemnifiable Losses, to the extent caused by the fault, willful misconduct or gross negligence of a member of the Buyer Group. [Include bracketed language only for tolling agreements.]

Indemnity by Seller. Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any and all Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) [the Tolling Services, Services after the Gas Delivery Point and prior to and at the Electrical Delivery Point; (ii)] ) the Products prior to and at the Electrical Delivery Point or Gas after the Gas Delivery Point; (iii) Seller’s ownership, development, construction, operation and/or maintenance of the Units, the Facility or the Site; (iv) Third Party Claims arising from Seller’s actions or inactions, (v) Third Party Claims arising from Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Facility; (vi) any environmental matters associated with the Facility or the Site, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; or (vii) resulting from Seller’s violation of any applicable Law, or Transmission Provider, NERC or WECC or Reliability Organization requirements; in each case including any loss, claim, action or suit, for or on account of injury, bodily or otherwise, to, or death of, persons, or for damage to or destruction or economic loss of property belonging to Buyer, Seller, or others, excepting only such Indemnifiable Losses, to the extent caused by the fault, willful misconduct or gross negligence of a member of the Buyer Group. [Include bracketed language only for tolling agreements.]

Indemnity by Seller. Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any and all Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) [the Tolling Services, after the Gas Delivery Point and prior to and at the Electrical Delivery Point; (ii)] ) the Products prior to and at the Electrical Delivery Point or Gas after the Gas Delivery Point; (iii) Seller’s operation and/or maintenance of the Units, the Facility or the Site; (iv) Third Party Claims arising from Seller’s actions or inactions, (v) Third Party Claims arising from Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Facility; (vi) any environmental matters associated with the Facility or the Site, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; or (vii) resulting from Seller’s violation of any applicable Law, or Transmission Provider, NERC or WECC or Reliability Organization requirements; in each case including any loss, claim, action or suit, for or on account of injury, bodily or otherwise, to, or death of, persons, or for damage to or destruction or economic loss of property belonging to Buyer, Seller, or others, excepting only such Indemnifiable Losses, to the extent caused by the fault, willful misconduct or gross negligence of a member of the Buyer Group. [Include bracketed language only for tolling agreements.]

Indemnity by Seller. Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any and all Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) [the Tolling Services, Services after the Gas Delivery Point and prior to and at the Electrical Delivery Point; (ii)] ) the Products prior to and at the Electrical Delivery Point or Gas after the Gas Delivery Point; (iii) Seller’s ownership, development, construction, operation and/or maintenance of the Units, the Facility or the Site; (iv) Third Party Claims arising from Seller’s actions or inactions, (v) Third Party Claims arising from Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Facility; (vi) any environmental matters associated with the Facility or the Site, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; or (vii) resulting from Seller’s violation of any applicable Law, or Transmission Provider, NERC or WECC or Reliability Organization requirements; in each case including any loss, claim, action or suit, for or on account of injury, bodily or otherwise, to, or death of, persons, or for damage to or destruction or economic loss of property belonging to BuyerXxxxx, Seller, or others, excepting only such Indemnifiable Losses, to the extent caused by the fault, willful misconduct or gross negligence of a member of the Buyer Group. [Include bracketed language only for tolling agreements.]