16.2 Each Participant shall indemnify and keep hubco indemnified at all times from and against all Direct Losses sustained by hubco in the course of or arising out of the conduct of the hubco Operations as a consequence of:
(a) any negligent act or omission by that Participant (or a Participant Party relating to that Participant) relating to the performance or non-performance of the Participant's obligations hereunder; or
(b) breach of any express provision of this Agreement by that Participant (or relevant Participant Party),
which results in:
16.2.1 any claim for, or in respect of, the death and/or personal injury of any employee of, or person engaged by, that Participant or a Participant Party relating to that Participant notwithstanding any act or omission of hubco or any hubco Party;
16.2.2 any claim for, or in respect of, the death and/or personal injury of any third party (other than a person referred to in Clause 16.1.1 or Clause 16.2.1), save to the extent caused (or contributed to) by any act or omission of hubco or any hubco Party;
16.2.3 any physical damage to any part of the Facilities or any assets or other property of hubco or any hubco Party, save to the extent caused (or contributed to) by any act or omission of hubco or any hubco Party; or
16.2.4 any loss of or damage to property or assets of any third party, save to the extent caused (or contributed to) by any act or omission of hubco or any hubco Party,
PROVIDED THAT, in the case of Clauses 16.2.3 and 16.2.4:
(a) there shall be excluded from the indemnity given by the each of Participants any liability for the occurrence of risks against which hubco is bound to insure under this Agreement or which any Project Service Provider is required to insure under a Project Agreement; and
(b) where and to the extent the loss or damage referred to has been caused by a negligent act or omission by a Participant (or a Participant Party relating to that Participant) relating to the performance or non-performance of the Participant's obligations hereunder or by any breach of any express provision of this Agreement by a Participant (or relevant Participant Party) then that Participant shall be responsible for the deductible under any policy of insurance required under this Agreement and any amount over the maximum amount required to be insured under such insurance policy.