7/30/01
summer 2001
49
n8. INDEMNITY
AND LIABILITY
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n8.1 Each Party 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 Party’s facilities, or (b)
the making of replacements, additions, betterments to, or reconstruction of the Party’s facilities, provided, however, Customer’s duty to indemnify MPC hereunder shall not extend to loss, liability,
damage, claim, cost, charge, demand, or expense resulting from interruptions in electrical service to
MPC’s customers other than Customer. 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.
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n8.2 Notwithstanding
the indemnity of Section 8.1, and except for a Party’s willful
misconduct or sole negligence, each Party shall be responsible for damage
to its own facilities resulting from electrical disturbances or faults.
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n8.3 The
provisions of this Section 8 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.
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n8.4 Except
as otherwise provided in Section 8.1 neither Party shall be liable to the other
Party for
consequential damages incurred by that Party.
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9. INSURANCE (OPTIONAL)
9. INSURANCE (OPTIONAL)
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n Customer
understand that the installation, operation and/or ownership of the Customer Facility may
result in potential liabilities arising from property damage or personal injury
as described in Section 8.
Customer shall not be required to purchase or maintain property
insurance and comprehensive personal liability insurance to protect
Customer against such potential liabilities. However, Customer understands that property insurance and
comprehensive personal liability insurance may provide protection against such potential
liabilities. Accordingly, Customer
is encouraged to explore with insurers the extent to which existing
or additional insurance policies may protect against the potential liabilities associated with
the installation, operation and/or ownership of the Customer Facility.