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HOMEFIELD <br /> E N E R G Y <br /> Majeure Event," defined as a strike, riot, war, earthquake, flood, tidal wave, unusually severe <br /> rain or snow storm, hurricane, tomado or other catastrophic act of nature, labor disputes, <br /> governmental, administrative or judicial order or regulation or other event that is reasonably <br /> , <br /> beyond Homefield's ability to anticipate or control. <br /> ARTICLE 7: INDEMNIFICATION,INSURANCE, DISCLAIMER, AND LIMITATION OF <br /> LIABILITY <br /> A. Indemnification. Homefield agrees to indemnify and hold Aggregator harmless from any <br /> claims, causes of action, damages, judgments, and financial obligations arising Homefield's <br /> negligence, gross negligence, or willful misconduct. <br /> B. Insurance. Contemporaneous with the Homefield's execution of this Agreement, <br /> Homefield shall provide certificates of insurance upon request. <br /> 9 <br /> 4 <br /> C. Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED <br /> HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER <br /> THIS CONTRACT FOR INCIDENTAL, INDIRECT, SPECIAL,OR CONSEQUENTIAL DAMAGES <br /> CONNECTED WITH OR RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF <br /> THIS AGREEMENT, IRRESPECTIVE OF WHETHER SUCH CLAIMS ARE BASED UPON <br /> BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE OF ANY DEGREE), STRICT <br /> LIABILITY, CONTRACT,OPERATION OF LAW OR OTHERWISE. <br /> D. Disclaimer. HOMEFIELD DOES NOT WARRANT OR GUARANTEE THE <br /> UNINTERRUPTED DELIVERY OF RETAIL ELECTRIC SUPPLY TO AGGREGATION <br /> PROGRAM MEMBERS DURING FORCE MAJEU13EVENTS. HOMEFIEL,D.WILL HAVE NO <br /> LIABILITY OR RESPONSIBILITY FOR THE OPERATIONS OF THE UTILITY. INCLUDING BUT <br /> NOT LIMITED TO, THE INTERRUPTION, TERMINATION, FAILURE TO DELIVER, OR <br /> DETERIORATION OF UTILITY'S TRANMISSION OR DISTRIBUTION SERVICE. EXCEPT AS <br /> MAY BE SPECIFICALLY PROVIDED HEREIN, NO IMPLIED WARRANTIES OF ANY KIND <br /> INCLUDING THE IMPLIED WARRATNIES OF MERCHANTABILITY AND FITNESS FOR A <br /> PARTICULAR PURPOSE SHALL BE APPLICABLE TO THIS AGREEMENT. <br /> ARTICLE 8: MISCELLANEOUS <br /> A. Entire Agreement, This Agreement, including all Exhibits, constitutes the entire <br /> Agreement and understanding between the Parties with respect to the Services, which are <br /> included herein. All prior written and verbal agreements and representations with respect to <br /> these Services are merged into and superseded by this agreement. <br /> B. Amendment All amendments or modifications to this Agreement shall be made in <br /> writing and signed by both Parties before they become effective. <br /> C. Ownership of Data and Documents. All data and information, regardless of its format, <br /> developed or obtained under this Agreement ("Data"), other than Homefield's confidential <br /> 14 <br />