Hold Harmless Clause of Bartholomew County REMC
NOT LIABLE FOR INTERRUPTIONS
Bartholomew County REMC will exercise reasonable care and diligence in an endeavor to supply service continuously and without interruption but does not guarantee continuous service and shall not be liable for any loss or damage resulting from interruption, reduction, delay, or failure of electric service not caused by the willful negligence of Bartholomew County REMC, or resulting from any cause or circumstance beyond the reasonable control of Bartholomew County REMC.
NOT LIABLE FOR DAMAGE ON MEMBER’S PREMISES
Bartholomew County REMC is merely a supplier of electricity delivered to the point of connection of Bartholomew County REMC’s and Member’s facilities, and shall not be liable for and shall be protected and held harmless for any injury or damage to persons or property of Member or of third persons resulting from the presence, use or abuse of electricity on Member’s premises or resulting from defects in or accidents to any of member’s wiring, equipment, apparatus, or appliances, or resulting from any cause whatsoever other than the negligence of Bartholomew County REMC.
In no event shall Bartholomew County REMC have any liability to Member or any other party affected by the electrical service to Member for any consequential, indirect, incidental, special, or punitive damages, and such limitation of liability shall apply regardless of claim or theory. In addition, to the extent that Bartholomew County REMC acts within its rights as set forth herein and/or any applicable law or regulation, Bartholomew County REMC shall have no liability of any kind to Member or any other party. In the event that Member’s use of Bartholomew County REMC’s service causes damage to Bartholomew County REMC’s property or injuries to persons, Member shall be responsible for such damage or injury and shall indemnify, defend, and hold Bartholomew County REMC harmless from any and all suits, claims, losses, and expenses associated therewith.