N.H. Code Admin. R. Puc 904.03 - Mutual Indemnity Provision

(a) Unless both parties to the agreement have agreed, pursuant to (g) below, to not enter into or maintain the mutual indemnity agreement, prior to interconnection, the customer-generator, his or her distribution utility, and, if applicable, the customer-generator's electricity supplier, shall:
(1) Execute the mutual indemnity agreement described in (b) below; and
(2) Maintain the terms of the agreement while the net energy metered unit is interconnected.
(b) With regard to the mutual indemnity agreement, each party to the agreement shall provide as follows:
(1) Each party shall hold harmless and indemnify the other party, and its directors, officers, agents and employees, from and against any and all loss, liability, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or expense, but not including attorneys' fees unless awarded by a court of competent jurisdiction, for injury or death to persons, including employees of either party, and damage to property, including property of either party, arising out of or in connection with intentional, willful, wanton, reckless, or negligent conduct regarding:
a. The engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection, or ownership of the party's facilities; or
b. Any replacements, additions, or improvements to, or reconstruction of, the party's facilities;
(2) Neither party shall be indemnified by the agreement for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct; and
(3) Notwithstanding the indemnity provisions contained in the agreement, except for a party's willful misconduct or sole negligence, each party shall be responsible for damage to its own facilities resulting from electrical disturbances or faults.
(c) The mutual indemnity agreement shall become effective, as between the respective parties executing and exchanging the document, upon interconnection of the customer-generator's facility to the electric distribution system and mutual execution and exchange of the document by the distribution utility, the customer-generator, and, if applicable, the electricity supplier.
(d) The distribution utility shall also execute the mutual indemnity agreement described in this section.
(e) The customer-generator, distribution utility, and, if applicable, the electricity supplier, shall each execute duplicate originals of the mutual indemnity agreement described in (b) above and each party to the agreement shall retain one executed original of the agreement.
(f) If an electricity supplier sells electric power to the customer-generator, it may require that the customer-generator enter into a mutual indemnity agreement with it, as described in this section.
(g) Notwithstanding (c) through (f) above, the customer-generator and the distribution utility with which the customer-generator interconnects, and the electricity supplier of the customer-generator, separately or together, may at any time, by mutual agreement, elect not to enter into or to void the indemnity agreement described in (b) above.
(h) The provisions of the indemnity agreement described in this section shall not be construed to relieve any insurer of its obligation to pay any insurance claims in accordance with the provisions of any valid insurance policy.


N.H. Code Admin. R. Puc 904.03

INTERIM #5921, eff 11-7-94, EXPIRED 3-7-95

New. #7424, eff 1-12-01; ss by #9353, INTERIM, eff 1-12-09, EXPIRED: 7-11-09

New. #9515, eff 7-18-09; ss by #9998, eff 9-20-11

Amended by Volume XL Number 33, Filed August 13, 2020, Proposed by #13080, Effective 9/14/2020, Expires 9/14/2030

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