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(b) Terminate this Contract, except for Member's obligations to make
<br />Monthly Capacity Payments under Article 7 hereof which shall survive any termination
<br />of this Contract;
<br />(c) Exercise any other remedies available to Member at law or in
<br />equity.
<br />11.6 No Waiver in Event of Default. Pursuit by either Party of any remedy for
<br />default pursuant to Article 11 of this Contract shall not constitute a forfeiture or waiver of
<br />any amount due by the defaulting Party or of any damages occurring by reason of the
<br />violation of any terms, provisions, or conditions of this Contract, provided however, that
<br />in no event shall CAPP be required to return to Member any sums paid by Member to
<br />CAPP for Capacity Prepayment. No waiver of any default or breach of this Contract
<br />shall be deemed or construed to constitute a waiver of any other violation or breach of
<br />any of the terms, provisions, or conditions of this Contract. Forbearance to enforce one
<br />or more of the remedies available upon the occurrence of an event of default shall not
<br />constitute a waiver of that or any subsequent default or breach.
<br />ARTICLE 12
<br />INDEMNIFICATION; LIMITATION OF LIABILITY
<br />12.1 Member's Indemnification of CAPP. To the extent permitted by the
<br />Constitution and laws of the State of Texas, and with full reservation of all defenses and
<br />immunities available under the Law, Member agrees to and shall indemnify, defend, and
<br />hold harmless CAPP and all of CAPP's officers, directors, shareholders, representatives,
<br />and employees, from and against all Indemnified Claims, including Indemnified Claims
<br />for personal injury, death, or damages to property, occurring after the Facility Owners'
<br />Delivery Points, arising out of or related to the Products. Notwithstanding the foregoing,
<br />CAPP agrees and understands that Member cannot indemnify CAPP, Facility Owners, or
<br />any individual associated with either of them from and against their own gross negligence
<br />and willful misconduct. To the extent that CAPP has agreed to indemnify Facility
<br />Owners pursuant to Article 13 of the PPA, then Member agrees to and shall indemnify,
<br />defend, and hold harmless CAPP and all of CAPP's officers, directors, shareholders,
<br />representatives, and employees, from and against all Indemnified Claims that CAPP has
<br />made to Facility Owners, but only to the extent permitted by the Constitution and laws of
<br />the State of Texas, and with full reservation of all defenses and immunities available
<br />under the Law.
<br />12.2 Claims arising on Facility Owners side of the Facility Owners' Delivery
<br />Point. To the extent that claims for personal injury, death, or damages to
<br />property: (a) occur at and/or before the Facility Owners' Delivery Point, (b) arise out of
<br />or are related to the Product and Products, and (c) are covered as an Indemnified Claim
<br />by Facility Owners for the benefit of CAPP, Member and Participating Members, and
<br />each of their respective officers, officials, directors, and employees, then CAPP, on
<br />behalf of itself, Member, and Participating members, agrees to enforce the indemnity and
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