Common use of Custody of Produced Water Clause in Contracts

Custody of Produced Water. As among the Parties, Producer shall be in custody, control and possession of Produced Water until such Produced Water is received by Service Provider or its subcontractors at the Produced Water Receipt Points and shall be in custody, control, and possession of Produced Water after such Produced Water is made available as part of the Frac Water at the Frac Water Delivery Points. As among the Parties, Service Provider shall be in custody, control and possession of all Produced Water from and after its receipt by Service Provider or its subcontractors at the Produced Water Receipt Points, except for Produced Water made available as part of the Frac Water at the Frac Water Delivery Points. Subject to Section 4.4, Section 14.1(b), and Section 14.2(b), the Party having custody and control of Produced Water under the terms of this Agreement shall be responsible for, and shall defend, indemnify, release and hold the other Party and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature for anything that may happen or arise with respect to such Produced Water when such Produced Water is in its custody and control, including claims and losses resulting from any negligent acts or omissions of any indemnified party, but excluding claims and losses to the extent caused by or arising out of the gross negligence or willful misconduct of the indemnified party.