or non-rescission of this Agreement, by any investigation made by or on behalf of SEV into the affairs of DCL or by SEV failing to exercise or delaying the exercise of any of its rights or remedies. 11.14 SEV hereby warrants to DCL that as at the date of this Agreement no claim is contemplated against DCL in relation to clause 11.11 11.15 DCL shall subject to clause 11.16 indemnify and keep SEV indemnified against any Liabilities incurred by SEV during a period of 12 months from the Commencement Date or any potential Liabilities of which SEV becomes aware during the period of 12 months from the Commencement Date as a result of a breach by DCL of the warranty set out in clause 11.11 provided that: 11.15.1 SEV promptly notifies DCL of any allegation of loss or damage within a period of 12 months from the Commencement Date. 16 ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. 11.15.2 SEV makes no admission or prejudicial statement without DCL's consent (such consent not to be unreasonably withheld or delayed); 11.15.3 the parties conduct and settle all negotiations and proceedings in a manner which is mutually acceptable in the circumstances, both parties acting reasonably in the circumstances; and 11.15.4 SEV complies with its common law duty to mitigate its losses. 11.16 DCL shall not be liable to SEV under the provisions of this clause 11 for indirect loss, consequential loss or loss of profits. 11.17 DCL and SEV acknowledge that DCL may, in the normal course of its business, acquire various undertakings during the term of this Agreement ("New Undertakings") which may consist of (amongst other things) vehicles and employees involved in the maintenance