Each party shall indemnify, defend, and hold harmless the other party and its affiliates, officers, directors, employees, agents, successors, and permitted assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or resulting from any third-party claim to the extent attributable to the acts or omissions of the indemnifying party; provided, however, that neither party shall bear liability for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, flood, fire, earthquake, or other severe weather conditions.
If we screw up, we pay. If you screw up, you pay. Neither of us pays for weather.