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NJCEP Vendor Agreement Vendor expressly acknowledges and agrees that Vendor's inclusion on a list of businesses that provide hardware for or perform installation and maintenance services on NJCEP-qualified clean energy generation equipment, prepared and/or published by the New Jersey Board of Public Utilities (BPU) in connection with a New Jersey Renewable Energy System program constitutes NO endorsement, recommendation or promotion, either express or implied, of Vendor by the New Jersey BPU. In consideration of its inclusion on said list, Vendor assumes the risk of, and shall indemnify and save harmless the New Jersey BPU and its officers, directors, employees, representatives, associates, agents, successors, and assigns against all claims and actions, losses, costs, fines, penalties and damages to property or to the environment and/or injury, sickness, or disease to persons (including death) arising out of, resulting from, or based upon the acts or omissions of Vendor in connection with a New Jersey Renewable Energy System or anyone acting under its direction or control or on its behalf and all expenses (including legal and investigation fees) incidental thereto. The foregoing indemnity shall apply only to those claims against the New Jersey BPU arising out of, resulting from, or based upon the acts or omissions of Vendor, or anyone acting under its direction or control or on its behalf, in connection with a New Jersey Renewable Energy System for which indemnification hereunder is sought, or for the willful misconduct of Vendor, or anyone acting under its direction or control or on its behalf. Vendor's indemnity shall apply to all claims against the New Jersey BPU, whether or not the New Jersey BPU was or was alleged to be negligent, including claims for (i) personal injuries (including death) by any person made or threatened by, in the name, or on behalf of, Vendor's employees based on the New Jersey BPU's negligence, including claims for personal injuries arising in the course of their employment, Vendor hereby waiving any defense it might have under applicable worker's compensation laws; (ii) loss of or damage to any property, including pollution or contamination of the environment (including liability under the Comprehensive Environmental Response, Compensation and Liability Act and similar state laws); and (iii) damages based on violations or alleged violations of applicable federal, state or local laws, breaches of any representation, warranty or promise by Vendor, its agents, Subcontractors/ assignees and anyone directly or indirectly employed by any of them in connection with the work; but Vendor's indemnity shall not apply to any portion of liability arising out of, resulting from, or based upon the acts or omissions of the New Jersey BPU or anyone acting under its direction or control or on its behalf. Further, Vendor's indemnity shall not apply to any portion of liability determined by a court of competent jurisdiction to be based upon the New Jersey BPU's negligence. Vendor shall promptly notify the New Jersey BPU of, and shall defend the New Jersey BPU against, all claims, demands, suits and proceedings for which Vendor has, or might have, indemnification responsibility hereunder. The New Jersey BPU may, at its sole discretion and, at its own expense, participate in such defense, as it deems necessary to protect its own interest. The foregoing indemnification obligations shall survive termination or expiration of the Contract and the completion of the Vendor's work in connection with a New Jersey Renewable Energy System. In the event that a dispute arises between the Vendor and the New Jersey BPU as to the extent or nature of Vendor's potential indemnification in a certain situation, Vendor and the New Jersey BPUhereby agree and consent to submit to the jurisdiction of any court of competent jurisdiction in the State of New Jersey. However, in the event that a lawsuit has already commenced in connection with a New Jersey Renewable Energy System for which indemnification hereunder is sought, the Vendor and the New Jersey BPU agree to submit said indemnification claims to the court in which the underlying lawsuit is venued. Notwithstanding the foregoing, neither the New Jersey BPU nor the Vendor agrees to waive any objection to the venue of such action. This Indemnification Agreement may only be altered or amended by a written Agreement signed by both the Vendor and the New Jersey BPU. By clicking "agree" on behalf of your company, you expressly agree to the terms of the NJCEP Vendor Agreement without reservation or qualification, including that you are duly authorized to do so.

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