failure to timely pay the amounts owing
under this Section 15.2:
(i)
if the unpaid amount is owed to a member of the Contractor Group
other than Contractor, Contractor may (but will not be obligated to) remit the
unpaid amount to that Contractor Group member on behalf of Owner, in which case
Owner shall reimburse Contractor upon demand; and
(ii)
if Contractor is a party to which indemnification is owed (or
if Owner has failed to reimburse Contractor for amounts under this Section
15.2), then Contractor can, at its election, capitalize the amount then owing
and add them to the Obligations.
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15.3
Owner Indemnity-Environmental. NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS CONTRACT, OWNER SHALL ASSUME RESPONSIBILITY FOR, AND SHALL
INDEMNIFY CONTRACTOR GROUP FROM, AND AGAINST ALL CLAIMS, WITHOUT MONETARY LIMIT,
RELATING TO THE FOLLOWING:
(a)
ALL REMEDIAL WORK REQUIRED BY A RELEASE INTO THE ENVIRONMENT THAT
OCCURS PRIOR TO OR AFTER THE CLOSING DATE FROM
THE FACILITY, THE SITE OR ANY ADDITIONAL FACILITIES (AS SUCH TERM IS DEFINED IN
THE SUPPLY AGREEMENT) (IF ANY), WHETHER OR NOT CAUSED BY OWNER, INCLUDING, BUT
NOT LIMITED TO, SPILLS OF FUELS, LUBRICANTS, MOTOR OILS, PIPE DOPE, PAINT,
SOLVENTS, BALLAST, BILGE AND GARBAGE, DEBRIS, OR ANY OTHER SUBSTANCES;
(b)
ANY PAST OR FUTURE LOSS OF OR DAMAGE TO ANY GEOLOGICAL FORMATIONS BENEATH
THE SURFACE OF THE EARTH RESULTING FROM THE OPERATIONS OF THE FACILITY OR ANY
ADDITIONAL FACILITIES (IF ANY) WHETHER OR NOT CAUSED BY OWNER; OR
(c)
ANY PAST, PRESENT, OR FUTURE VIOLATIONS BY ANY PERSON OF ENVIRONMENTAL
LAWS, HAZARDOUS SUBSTANCE LAWS, OR REGULATIONS OR ORDERS ISSUED BY ANY
GOVERNMENTAL AUTHORITY RELATING TO THE FACILITY, THE SITE OR ANY ADDITIONAL
FACILITIES (IF ANY)
15.4
Acknowledgement of Owner Indemnity. Owner has consulted with its
counsel with respect to Sections 15.2 and 15.3 of this Contract and understands
that Sections 15.2 and 15.3 are to be interpreted broadly against Owner.
15.5
Contractor Third Party Liability.
(a)
Owner acknowledges and agrees that independent consultants, engineers, and
Subcontractors may be engaged by Contractor to complete the development of the
Project, and that Contractor shall be relying on such professionals in
completing the development of the Project. Accordingly, Owner hereby agrees
that, except to the extent of claims arising pursuant to Section 15.1, Owner
hereby waives any and all Claims against Contractor Group arising out of or
related to the Services performed by such independent consultants, engineers,
and Subcontractors.
(b)
The Parties acknowledge and agree that all contracts between Contractor
and any vendors and Subcontractors with respect to the Project shall provide
that such vendors and Subcontractors shall indemnify Owner to the same extent as
the indemnity given by such Subcontractor to Contractor.
15.6
LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS CONTRACT, NEITHER CONTRACTOR OR ITS AFFILIATES SHALL HAVE ANY LIABILITY TO
ANY OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, OR ANY SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL (INCLUDING LOST PROFITS OR LOST INVESTMENT OPPORTUNITY)
LIABILITY