NYISO Tariffs --> Market Administration and Control Area Services Tariff (MST) --> 30 MST Attachment O - Market Monitoring Plan --> 30.11 MST Att O Liability
The liability of the ISO and its directors, officers, employees and agents, and of the Market Monitoring Unit and its directors, officers, employees and agents, for any matter arising under or relating to Attachment O shall be governed by this section. The ISO and its directors, officers, employees and agents, and the Market Monitoring Unit and its directors, officers, employees and agents, shall not be liable to any person or entity for any matter, act or omission described in or contemplated by Attachment O, as the same may be amended or supplemented from time to time, including but not limited to liability for any financial loss, loss of economic advantage, opportunity cost, or actual, direct, indirect or consequential damages of any kind resulting from or attributable to any act or omission of the ISO or the Market Monitoring Unit under Attachment O. The ISO shall indemnify and hold harmless its directors, officers, employees and agents and the Market Monitoring Unit and its directors, officers, employees and agents of and from any and all actions, claims, demands, costs (including any form of damages or other economic loss and all court costs and reasonable attorneys’ fees) and liabilities to third parties, arising from or in any way connected with, the implementation or a failure to implement Attachment O, except to the extent that such action, claim, demand, cost or liability results from the willful misconduct of any of the foregoing persons or entities.
Effective Date: 6/30/2010 - Docket #: ER10-1657-000 - Page 1