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MODIFICATION NO. 1
BRC'S INDEMNITY OBLIGATIONS UNDER
BRC shall indemnify and hold Utility harmless against any loss, damage, liability or expense, including attorney's fees, incurred by Utility which arise out of claims asserted by any third party for personal injury, death or property damage resulting from the negligent conduct of work performed in connection with the Project by PMC, CE, TVA or AEC or any of their contractors; provided, that Utility shall give BRC timely notice of any such claim, whereupon BRC shall have the right, but not the obligation to assume or to have another participant in the Project assume the defense of such claim. In the event BRC does assume, or have another participant in the Project assume the defense of such a claim, Utility1/ shall have the right, at its own expense, to have its counsel consult with BRC or such other Project participant as to the defense thereof.
17 Edison Electric Institute is included as a named indemnitee in those Utility Contribution Agreements to which it is a party.