Last Update: August 1, 2020
property of others from damage or interference caused by the Generating
Facility, or the absence or failure of properly operating protective devices.
7. PERMITS AND MAINTENANCE
Customer shall, at its sole cost and expense, (a) maintain the Generating Facility and
interconnection facilities in a safe and prudent manner and in conformance with all
applicable laws and regulations including, but not limited to Section 3, and (b) obtain any
governmental authorizations and permits required for the construction and operation of the
Generating Facility and interconnection facilities and performance of this Agreement.
Customer shall reimburse Azusa for any and all losses, damages, claims, penalties, or
liability it incurs as a result of Customer's failure to obtain or maintain any governmental
authorizations and permits required for construction and operation of Customer's
Generating Facility and performance of this Agreement.
8. INDEMINTY AND LIABILITY
8.1 Each Party as indemnitor shall defend, hold harmless, and indemnify the other Party and
the directors, officers, employees, and agents of the other Party against and from any and
all loss, liability, damage, claim, cost, charge, demand, or expense (including any direct,
indirect or consequential loss, liability, damage, claim, cost, charge, demand, or expense,
including attorneys’ fees) for injury or death to persons, including employees of either
Party, and damage to property, including property of either Party, arising out of or in
connection with (a) the engineering, design, construction, maintenance, repair, operation,
supervision, inspection, testing, protection or ownership of the indemnitor’s facilities, or
(b) the making of replacements, additions, betterments to, or reconstruction of the
indemnitor’s facilities. This indemnity shall apply notwithstanding the active or passive
negligence of the indemnitee. However, neither Party shall be indemnified hereunder for
its loss, liability, damage, claim, cost, charge, demand, or expense resulting from its sole
negligence or willful misconduct.
8.2 The indemnitor shall, on the other Party’s request, defend any suit asserting a claim
covered by this indemnity and shall pay for all costs, including reasonable attorney fees
that may be incurred by the other Party in enforcing this indemnity.
8.3 The provisions of this Section shall not be construed to relieve any insurer of its
obligations to pay any insurance claims in accordance with the provisions of any valid
insurance policy.
8.4 Except as otherwise provided in Section 8.1, neither Party shall be liable to the other Party
for consequential damages incurred by that Party.
8.5 Nothing in this Agreement shall create any duty to, any standard of care with reference to,
or any liability to any person who is not a Party to it.