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including,without limitation,bodily injury to or death of any person or destruction of or
<br /> damage to any property, except natural resource and other damages as provided in
<br /> Section 8.3,which Customer may suffer, incur, or pay out,to the extent such are caused
<br /> by the negligence or willful misconduct of Contractor, its agents or employees during
<br /> the performance of this Agreement, or Contractor's failure to comply with any laws,
<br /> regulations or lawful authority, or failure to comply with its obligations under this
<br /> Agreement; except to the extent such liabilities, claims, demands and causes of action
<br /> result from Customer's failure to comply with any laws, regulations or other lawful
<br /> authority, or Customer's failure to comply with its obligations under this Agreement or
<br /> result from the negligence or willful misconduct of Customer, its employees or agents.
<br /> 8.2 Customer shall indemnify, defend and hold harmless Contractor, its parent and
<br /> affiliated companies and their respective directors, officers, employees and agents from
<br /> and against any and all costs, liabilities, claims, demands and causes of action
<br /> including,without limitation, any bodily injury to or death of any person or destruction
<br /> of or damage to property which Contractor may suffer, incur, or pay out,to the extent
<br /> such are caused by the negligence or willful misconduct of Customer, its employees or
<br /> agents or the failure of Customer to comply with any laws, regulations or other lawful
<br /> authority or the failure of Customer to comply with its duties or obligations under this
<br /> Agreement; except to the extent such liabilities, claims, demands and causes of action
<br /> result from Contractor's failure to comply with any laws, regulations or lawful authority,
<br /> or Contractor's failure to comply with its obligations under this Agreement or result
<br /> from the negligence or willful misconduct of Contractor, its employees or agents.
<br /> 8.3 Notwithstanding the foregoing, Customer shall indemnify, defend and hold harmless
<br /> Contractor, its parent and affiliated companies and their respective directors, officers,
<br /> employees, agents and subcontractors from and against any and all costs, liabilities,
<br /> claims, demands and causes of action for pollution damages; contamination or adverse
<br /> effects on the environment destruction of, damage to, or loss of,whether actual or
<br /> alleged, any property or natural resources, including the cost of assessing the damage;
<br /> injury to or economic losses resulting from destruction of real or personal property;
<br /> damages for loss of subsistence use of natural resources; damages equal to the loss of
<br /> profits or impairment of earning capacity due to the injury, destruction or loss of real
<br /> property, personal property or natural resources; damages for net costs of providing
<br /> increased or additional public services; removal costs; and any other costs assessable
<br /> under the Oil Pollution Act of 1990, the Comprehensive Environmental Response,
<br /> Compensation and Liability Act or other local, state or federal law or lawful authority
<br /> applicable to discharges or releases of oil or hazardous substances which Contractor,
<br /> individually or collectively, may suffer, incur, or pay out in connection with, or arising
<br /> out of,the release of oil or hazardous substances by Customer; provided, however,that
<br /> the foregoing indemnity shall not apply to any claims, liabilities or causes of action
<br /> caused by the transportation or disposal of waste materials by Contractor.
<br /> ARTICLE 9. Excuse of Performance
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<br /> OGC/Rev 06/2014
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