SASKPOWER OPEN ACCESS TRANSMISSION TARIFF

SASKPOWER OPEN ACCESS TRANSMISSION TARIFF10.2 Indemnification:The Transmission Customer shall at all times indemnify, defend, and save theTransmission Provider harmless from, any and all damages, losses, claims,including claims and actions relating to injury to or death of any person or damageto property, demands, suits, recoveries, costs and expenses, court costs, attorneyfees, and all other obligations by or to third parties, arising out of or resulting fromthe Transmission Provider’s performance of its obligations under this Tariff onbehalf of the Transmission Customer, except in cases of negligence or intentionalwrongdoing by the Transmission Provider.10.3 Limitation of Liability:a) The Transmission Provider shall not be liable, whether based on contract,indemnification, warranty, tort, strict liability or otherwise to any TransmissionCustomer or any third party for any damages whatsoever, including withoutlimitation, direct, incidental, consequential, punitive, special, exemplary orindirect damages arising or resulting from any act or omission in any wayassociated with service provided under this OATT, including but not limited toany act or omission that results in an interruption, deficiency or imperfection ofservice, except to the extent that the Transmission Provider is found liable forgross negligence or intentional misconduct, in which case the TransmissionProvider shall not be liable for any incidental, consequential, punitive, special,exemplary or indirect damages.Page | 21