Regulation 36: Liabilities and indemnities      36. (1) Except as expressly provided in these Regulations each shipper, bulk customer or distribution company shall indemnify the Utility against actions, proceedings, suits, claims, demands, damages, losses, costs, charges, expenses and fines that arise from (a) personal injury to, illness or death of the Utility's own officers, directors, employees and agents or those of its affiliates, contractors or sub-contractors, and  (b) loss of or damage to the Utility's own property or the property of its affiliates, contractors or sub-contractors and respective officers, directors, employees and agents, that results from the shipper, bulk customer or distribution company's breach of obligations under these Regulations and any ancillary agreement between the Utility and the shipper, bulk customer or distribution company, or the Utility's negligent act or omission, except a liability, loss or damage resulting from the willful misconduct on the part of the Utility.  (2) Subject to these Regulations and any ancillary agreement, the Utility shall indemnify a shipper, bulk customer or distribution company against any action, proceeding, suit, claim, demand, damage, loss, cost, charge, expense and fine arising from (a) personal injury to, illness or death of a shipper's, bulk customer's or distribution company's own officers, directors, employees and agents or those of its affiliates, contractors or sub-contractors, and  (b) loss or damage to the shipper's, bulk customer's or distribution company's property or the property of affiliates, contractors or sub-contractors and the respective officers, directors, employees and agents, that result from the Utility's breach of obligations under these Regulations, the framework agreement and any ancillary agreement between the Utility and the shipper, bulk customer or distribution company, or the shipper, bulk customer or distribution company's negligent act or omission, except for a liability, loss or damage resulting from the willful misconduct on the part of a shipper, bulk customer or distribution company.  (3) The aggregate liability of the Utility in a gas year, whether for breach of contract, tort or otherwise, including a liability of the Utility in relation to the refund of a portion of the back-up capacity reservation charge irrespective of the number of incidents, shall not exceed in a gas year, the annual liability cap.