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<br />B. <br /> <br />-4- <br /> <br />EXCEPTIONS: <br /> <br />1. <br /> <br />If any loss, damage or injury to the personnel or property <br />of the assisting utility, the personnel or property of the <br />damaged utility, or to third persons or their property is <br />in any way caused by the gross or willful negligence of <br />the assisting utility's personnel, the assisting utility <br />shall be solely and exclusively liab1e for any claims <br />authorized by law, the assisting utility agrees to <br />indemnify and hold harmless the damaged utility from any <br />claims against it resulting from such loss, damage or <br />injury. <br /> <br />2. <br /> <br />If any loss, damage or injury to the personnel or property <br />of the assisting utility is likely to have occurred even <br />if assistance had not been provided to the damaged utility <br />under this Agreement, the assisting utility shall be <br />solely and exclusively liable for any claims arising from <br />such loss, damage or injury. To the extent authorized by <br />law, the assisting utility agrees to indemnify and hold <br />harmless the damaged utility from any claims against it <br />resulting from such loss, damage or injury. <br /> <br />3. <br /> <br />If any loss, damage or injury to the personnel or property <br />of the assisting utility or to third persons or their <br />property is not caused, to any extent, by the natural <br />disaster (or its effects) which necessitated assistance <br />being requested by the damaged utility and such loss, <br />damage, or injury does not occur during a work or <br />work-related period, the assisting utility shall be solely <br />and exclusively liable for any claims arising from such <br />loss, damage or injury. To the extent authorized by law, <br />the assisting utility agrees to indemnify and hold <br />harmless the damage utility from any claims against it <br />resulting from such loss, damage of injury. <br /> <br />IN WITNESS WHEREOF, the parties have caused these presents to <br /> <br />be, <br /> <br />executed in duplicate originals on the dates shown below. <br /> <br /> <br />December 13, 1988 <br />Date <br /> <br />Michael H. Williams, <br />Executive Director <br />Texas Public Power Association <br /> <br />Date <br />