Laserfiche WebLink
SCHEDULE 2-STANDARD CONTRACTS <br /> 18 Non-Warranty <br /> 18.1. The Area EPS Operator does not give any warranty, expressed or implied, as to the <br /> adequacy, safety, or other characteristics of any structures, equipment, wires, <br /> appliances or devices owned, installed or maintained by the Interconnection <br /> Customer, including without limitation the Distributed Energy Resource and any <br /> structures, equipment, wires, appliances or devices not owned, operated or <br /> maintained by the Area EPS Operator. <br /> 19 Indemnity <br /> 19.1. This provision protects each Party from liability incurred to third parties as a result of <br /> carrying out the provisions of this Agreement. Liability under this provision is exempt <br /> from the general limitations on liability found in Section 17. <br /> 19.2. The Parties shall at all times indemnify, defend, and hold the other Party harmless <br /> from, any and all damages, losses, claims, including claims and actions relating to <br /> injury to or death of any person or damage to property, demand, suits, recoveries, <br /> costs and expenses, court costs, attorney fees, and all other obligations by or to third <br /> parties, arising out of or resulting from the other Party's action or failure to meet its <br /> obligations under this Agreement on behalf of the indemnifying Party, except in cases <br /> of gross negligence or intentional wrongdoing by the indemnified Party. <br /> 19.3. If an indemnified person is entitled to indemnification under this article as a result of <br /> a claim by a third party, and the indemnifying Party fails, after notice and reasonable <br /> opportunity to proceed under this article, to assume the defense of such claim, such <br /> indemnified person may at the expense of the indemnifying Party contest, settle or <br /> consent to the entry of any judgment with respect to, or pay in full, such claim. <br /> 19.4. If an indemnifying party is obligated to indemnify and hold any indemnified person <br /> harmless under this article, the amount owing to the indemnified person shall be the <br /> amount of such indemnified person's actual loss, net of any insurance or other <br /> recovery. <br /> 19.5. Promptly after receipt by an indemnified person of any claim or notice of the <br /> commencement of any action or administrative or legal proceeding or investigation <br /> as to which the indemnity provided for in this article may apply, the indemnified <br /> person shall notify the indemnifying party of such fact. Any failure of or delay in such <br /> notification shall not affect a Party's indemnification obligation unless such failure or <br /> delay is materially prejudicial to the indemnifying party. <br /> Municipal Minnesota Interconnection Agreement_January 2019 13 <br /> 104 <br />