NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS
INTERRUPTIONS INCLUDING LOSS OR DELAY OF PRODUCTION, HOWEVER SAME MAY BE CAUSED.
14.15 INDEMNITY OBLIGATION: EXCEPT AS OTHERWISE EXPRESSLY LIMITED IN THIS
AGREEMENT, IT IS THE INTENT OF PARTIES HERETO THAT ALL RELEASES, INDEMNITY
OBLIGATIONS AND/OR LIABILITIES ASSUMED BY SUCH PARTIES UNDER TERMS OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, PARAGRAPHS 10 AND 12, AND
SUBPARAGRAPHS 14.1 THROUGH 14.14 HEREOF, BE WITHOUT LIMIT AND WITHOUT REGARD TO
THE CAUSE OR CAUSES THEREOF, INCLUDING, BUT NOT LIMITED TO, PRE-EXISTING
CONDITIONS, DEFECT OR RUIN OF PREMISES OR EQUIPMENT, STRICT LIABILITY,
REGULATORY OR STATUTORY LIABILITY, PRODUCTS LIABILITY, BREACH OF REPRESENTATION
OR WARRANTY (EXPRESS OR IMPLIED), BREACH OF DUTY (WHETHER STATUTORY, CONTRACTUAL
OR OTHERWISE) ANY THEORY OF TORT, BREACH OF CONTRACT, FAULT, THE NEGLIGENCE OF
ANY DEGREE OR CHARACTER (REGARDLESS OF WHETHER SUCH NEGLIGENCE IS SOLE, JOINT OR
CONCURRENT, ACTIVE, PASSIVE OR GROSS) OF ANY PARTY OR PARTIES, INCLUDING THE
PARTY SEEKING THE BENEFIT OF THE RELEASE, INDEMNITY OR ASSUMPTION OF LIABILITY,
OR ANY OTHER THEORY OF LEGAL LIABILITY. THE INDEMNITIES, AND RELEASES AND
ASSUMPTIONS OF LIABILITY EXTENDED BY CONTRACTOR UNDER THIS AGREEMENT SHALL INURE
TO THE BENEFIT OF EACH OF THE MEMBERS OF OPERATOR GROUP. THE INDEMNITIES, AND
RELEASES AND ASSUMPTIONS OF LIABILITY EXTENDED BY OPERATOR UNDER THIS AGREEMENT
SHALL INURE TO THE BENEFIT OF EACH OF THE MEMBERS OF CONTRACTOR GROUP. EXCEPT AS
OTHERWISE PROVIDED HEREIN, SUCH INDEMNIFICATION AND ASSUMPTIONS OF LIABILITY
SHALL NOT BE DEEMED TO CREATE ANY RIGHTS TO INDEMNIFICATION IN ANY PERSON OR
ENTITY NOT A PARTY TO THIS AGREEMENT, EITHER AS A
A-3-8
THIRD PARTY BENEFICIARY OR BY REASON OF ANY AGREEMENT OF INDEMNITY BETWEEN ONE
OF THE PARTIES HERETO AND ANOTHER PERSON OR ENTITY NOT A PARTY TO THIS
AGREEMENT.
14.16 ANY INDEMNITY OR OTHER OBLIGATION HEREIN WHICH WOULD BE VOID, VOIDABLE OR
OTHERWISE UNENFORCEABLE UNLESS LIMITED, SUPPORTED BY INSURANCE OR OTHERWISE
AMELIORATED, SHALL BE LIMITED, SUPPORTED BY INSURANCE AND/OR OTHERWISE
AMELIORATED TO THE EXTENT, BUT ONLY TO THE EXTENT, NECESSARY TO MAKE SUCH
OBLIGATION VALID AND ENFORCEABLE.
15.
AUDIT:
If any payment provided for hereunder is made on the basis of Contractor's
costs, Operator shall have the right to audit Contractor's books and records
relating to such costs. Contractor agrees to maintain such books and records for
a period of two (2) years from the date such costs were incurred and to make
such books and records available to Operator at any reasonable time or times
within the period.
16.
NO WAIVER EXCEPT IN WRITING:
It is fully understood and agreed that none of the requirements of this
Agreement shall be considered as waived by either party unless the same is done
in writing, and then only by the persons executing this Agreement, or other duly
authorized agent or representative of the party.
17.
FORCE MAJEURE:
Except for the duty to make payments hereunder when due,