Exculpation. To the greatest extent permissible under Applicable Law, the Crestwood Midstream Parties will not have any liability to Newco, under this Agreement or otherwise and either directly or pursuant to a Third Party Claim, for any losses incurred by Newco and arising from the provision of, or the failure to provide, the Services, except to the extent attributable to the fraud, gross negligence, willful misconduct, willful breach of this Agreement, or willful violation of any material EHS Requirements by any Crestwood Midstream Party. The limitation of liability afforded under this [Section 7.01] shall be without prejudice to Crestwood Midstream’s obligations pursuant to [Section 6.01] and Newco’s rights to seek recovery under any insurance policies (including, without limitation, those required by [Section 6.01(a)] and [Section 6.01(b)]).

Indemnification of Newco. Crestwood Midstream agrees to indemnify, defend and hold harmless Newco and its Affiliates and their respective stockholders, owners, members, partners, directors, managers, employees, officers, agents and representatives (the “Newco Parties”) from and against any Losses which the greatestNewco Parties sustain, incur or assume (including Losses related to any Claim which may be alleged, made, instituted or maintained against the Newco Parties or Crestwood Midstream, jointly or severally) to the extent permissible under Applicable Law,arising from or related to # the gross negligence, fraud, willful misconduct by any Crestwood Midstream Parties willin connection with the Crestwood Services, provided that the foregoing shall not haveapply to the gross negligence, fraud, or willful misconduct by ServiceCo or any liability to Newco, under this Agreement or otherwise and either directly or pursuant to a Third Party Claim, for any losses incurred by Newco and arising from the provision of, or the failure to provide, the Services,ServiceCo Employee except to the extent attributable to the fraud,that such gross negligence, fraud, willful misconduct,misconduct was in accordance with the express instructions of any Crestwood Midstream Party other than ServiceCo or any ServiceCo Employee; # the willful breach of this Agreement, or the willful violation of any material EHS Requirements by Crestwood Midstream or # Claims by employees of any Crestwood Midstream Party. The limitation of liability afforded under this [Section 7.01] shall be without prejudice to Crestwood Midstream’s obligations pursuant to [Section 6.01] and Newco’s rights to seek recovery underParty other than by any insurance policies (including, without limitation, those required by [Section 6.01(a)] and [Section 6.01(b)]).ServiceCo Employee.