Common use of Customer Indemnification Clause in Contracts

Customer Indemnification. SUBJECT TO SECTION 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT TO SECTION 16.1Section 13.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, PROVIDER AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, CONTROL, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR NON-PARTY TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS PRODUCT TO A RECEIPT POINT OR DELIVERING TAKING CUSTOMER HYDROCARBONS PRODUCT FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 13.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS PRODUCT DELIVERED INTO THE TGP MENTOR SYSTEM THAT DO DOES NOT MEET THE APPLICABLE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS PRODUCT DELIVERED INTO THE TGP MENTOR SYSTEM BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT TO SECTION Section 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMER. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Customer Indemnification. SUBJECT TO SECTION Section 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, CONTROL, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR NON-PARTY TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING TAKING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS HYDROCARBONS DELIVERED INTO THE TGP TERMINALS SYSTEM AND/OR THE PROVIDER TANK CARS THAT DO NOT MEET THE APPLICABLE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS HYDROCARBONS DELIVERED INTO THE TGP TERMINALS SYSTEM AND/OR PROVIDER TANK CARS BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT TO SECTION 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, CONTROL, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES FACILITIES, AND/OR ANY TRUCKS OR NON-PARTY TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING TAKING TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS HYDROCARBONS DELIVERED INTO THE TGP TERMINALS SYSTEM AND/OR THE PROVIDER TANK CARS THAT DO NOT MEET THE APPLICABLE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS HYDROCARBONS DELIVERED INTO THE TGP TERMINALS SYSTEM AND/OR PROVIDER TANK CARS BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT TO SECTION 16.118 (Exceptions and Limitations on Indemnification), CUSTOMER AGREES TO AND SHALL RELEASEINDEMNIFY, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDERAND DEFEND ▇▇▇▇▇▇▇, ITS AFFILIATES AND PROVIDER’S DIRECTORSTHEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTSUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group▇▇▇▇▇▇▇ INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL LOSSES WHICH THAT ARE INCURRED BY ▇▇▇▇▇▇▇ INDEMNIFIED PARTY AS A RESULT OF (i) BREACH OR NON-FULFILLMENT BY CUSTOMER OF ANY REPRESENTATION, WARRANTY OR COVENANT UNDER THIS AGREEMENT; (ii) NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF CUSTOMER (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT) IN PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT; (iii) BODILY INJURY, DEATH OF ANY WAY RESULT FROM ANY PERSON OR DAMAGE TO PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF CUSTOMER; OR (iv) INFRINGEMENT OF THE FOLLOWING: INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (AINCLUDING ▇▇▇▇▇▇▇) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF ARISING FROM CUSTOMER’S FACILITIES AND/MODIFICATION, INCORPORATION, OPERATION OR USE OF THE CONTENT WITH ANY TRUCKS GOOD, SERVICE, TECHNOLOGY, PROCESS OR TRAINS UTILIZED OTHER MATTER WITHOUT ▇▇▇▇▇▇▇’▇ EXPRESS AUTHORIZATION; OR (vi) FAILURE BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDEDLOCAL LAWS, HOWEVER, THAT NO MEMBER REGULATIONS OR CODES IN THE PERFORMANCE OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO ITS OBLIGATIONS UNDER THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMERAGREEMENT.

Customer Indemnification. SUBJECT TO SECTION 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S 'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “"Provider Group”") FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, CONTROL, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES 'S FACILITIES, AND/OR ANY TRUCKS OR NON-PARTY TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING TAKING CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS HYDROCARBONS DELIVERED INTO THE TGP TERMINALS SYSTEM AND/OR THE PROVIDER TANK CARS THAT DO NOT MEET THE APPLICABLE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS HYDROCARBONS DELIVERED INTO THE TGP TERMINALS SYSTEM AND/OR PROVIDER TANK CARS BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 16.122, CUSTOMER AGREES TO AND SHALL RELEASEINDEMNIFY, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDERAND DEFEND ▇▇▇▇▇▇▇, ITS AFFILIATES AND PROVIDER’S DIRECTORSTHEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTSUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group▇▇▇▇▇▇▇ INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL LOSSES WHICH THAT ARE INCURRED BY ▇▇▇▇▇▇▇ INDEMNIFIED PARTY AS A RESULT OF (i) BREACH OR NON-FULFILLMENT BY CUSTOMER OF ANY REPRESENTATION, WARRANTY OR COVENANT UNDER THIS SUBSCRIPTION; (ii) NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF CUSTOMER (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT) IN PERFORMING ITS OBLIGATIONS UNDER THIS SUBSCRIPTION; (iii) BODILY INJURY, DEATH OF ANY WAY RESULT FROM PERSON OR DAMAGE TO PROPERTY CAUSED BY THE NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF CUSTOMER (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT); (iv) INFRINGEMENT BY THE CUSTOMER DATA OF THE FOLLOWING: INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (AINCLUDING ▇▇▇▇▇▇▇); OR (v) INFRINGEMENT OF THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (INCLUDING ▇▇▇▇▇▇▇) ARISING FROM CUSTOMER’S FACILITIES AND/MODIFICATION, INCORPORATION, OPERATION OR USE OF THE LICENSED MATERIAL, DELIVERABLES OR SERVICES WITH ANY TRUCKS GOOD, SERVICE, TECHNOLOGY, PROCESS OR TRAINS UTILIZED OTHER MATTER WITHOUT ▇▇▇▇▇▇▇’▇ EXPRESS AUTHORIZATION; OR (vi) FAILURE BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDEDLOCAL LAWS, HOWEVER, THAT NO MEMBER REGULATIONS OR CODES IN THE PERFORMANCE OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO ITS OBLIGATIONS UNDER THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMERSUBSCRIPTION.

Customer Indemnification. SUBJECT TO SECTION 16.117 (Exceptions and Limitations on Indemnification), CUSTOMER AGREES TO AND SHALL RELEASEINDEMNIFY, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDERAND DEFEND SAFEPATH, ITS AFFILIATES AND PROVIDER’S DIRECTORSTHEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTSUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider GroupSAFEPATH INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL LOSSES WHICH THAT ARE INCURRED BY SAFEPATH INDEMNIFIED PARTY AS A RESULT OF (i) BREACH OR NON-FULFILLMENT BY CUSTOMER OF ANY REPRESENTATION, WARRANTY OR COVENANT UNDER THIS AGREEMENT; (ii) NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF CUSTOMER (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT) IN PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT; (iii) PERSONAL INJURY, DEATH OF ANY WAY RESULT FROM ANY PERSON OR DAMAGE TO PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF CUSTOMER ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR FAILURE TO USE THE CONTENT OR SERVICES; (iv) INFRINGEMENT OF THE FOLLOWING: INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (AINCLUDING SAFEPATH) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF ARISING FROM CUSTOMER’S FACILITIES AND/MODIFICATION, INCORPORATION, OPERATION OR USE OF THE CONTENT WITH ANY TRUCKS GOOD, SERVICE, TECHNOLOGY, PROCESS OR TRAINS UTILIZED OTHER MATTER WITHOUT SAFEPATH’S EXPRESS AUTHORIZATION; OR (vi) FAILURE BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDEDLOCAL LAWS, HOWEVER, THAT NO MEMBER REGULATIONS OR CODES IN THE PERFORMANCE OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO ITS OBLIGATIONS UNDER THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMERAGREEMENT.

Customer Indemnification. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 16.122, CUSTOMER AGREES TO AND SHALL RELEASEINDEMNIFY, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDERAND DEFEND SIERRA PUMP, ITS AFFILIATES AND PROVIDER’S DIRECTORSTHEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTSUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider GroupSIERRA PUMP INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL LOSSES WHICH THAT ARE INCURRED BY SIERRA PUMP INDEMNIFIED PARTY AS A RESULT OF (i) BREACH OR NON-FULFILLMENT BY CUSTOMER OF ANY REPRESENTATION, WARRANTY OR COVENANT UNDER THIS SUBSCRIPTION; (ii) NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF CUSTOMER (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT) IN PERFORMING ITS OBLIGATIONS UNDER THIS SUBSCRIPTION; (iii) BODILY INJURY, DEATH OF ANY WAY RESULT FROM PERSON OR DAMAGE TO PROPERTY CAUSED BY THE NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF CUSTOMER (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT); (iv) INFRINGEMENT BY THE CUSTOMER DATA OF THE FOLLOWING: INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (AINCLUDING SIERRA PUMP); OR (v) INFRINGEMENT OF THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (INCLUDING SIERRA PUMP) ARISING FROM CUSTOMER’S FACILITIES AND/MODIFICATION, INCORPORATION, OPERATION OR USE OF THE LICENSED MATERIAL, DELIVERABLES OR SERVICES WITH ANY TRUCKS GOOD, SERVICE, TECHNOLOGY, PROCESS OR TRAINS UTILIZED OTHER MATTER WITHOUT SIERRA PUMP’S EXPRESS AUTHORIZATION; OR (vi) FAILURE BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDEDLOCAL LAWS, HOWEVER, THAT NO MEMBER REGULATIONS OR CODES IN THE PERFORMANCE OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO ITS OBLIGATIONS UNDER THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMERSUBSCRIPTION.

Customer Indemnification. SUBJECT i. TO SECTION 16.1THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER WILL INDEMNIFY, HOLD HARMLESS, AND, AT ▇▇▇▇▇▇▇'S OPTION, DEFEND OR REIMBURSE LEGAL FEES FOR PALADIN FROM AND AGAINST ANY CLAIMS OR LOSSES RESULTING FROM ANY THIRD-PARTY CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER HEREBY RELEASES AND FURTHER AGREES TO AND SHALL RELEASEPROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDERPALADIN, ITS RELATED ENTITIES AND PROVIDER’S AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OFFICERSEMPLOYEES AND AGENTS (HEREIN COLLECTIVELY REFERRED TO AS THE “INDEMNITEE”) FREE AND HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, EMPLOYEESLOSSES, PENALTIES, EXPENSES, CLAIMS, DEMANDS, CAUSES OF ACTIONS, SUITS OR OTHER LITIGATION (INCLUDING ALL COSTS THEREOF AND ATTORNEYS’ FEES) OF EVERY KIND AND CHARACTER INCLUDING THOSE ASSERTED BY ANY THIRD PARTY, OR CUSTOMER (INCLUDING BUT NOT LIMITED TO, PERSONNEL OF THE CUSTOMER OR ITS ASSIGNEES, LICENSEES, SUBCONTRACTORS AND ALL OTHERS IN PRIVITY WITH CUSTOMER) INCLUING WITHOUT LIMITATION ANY CLAIMS ON ACCOUNT OF BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY (HEREIN COLLECTIVELY REFERRED TO AS THE “LOSS”) IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF, OR IN CONNECTION WITH (i) A BREACH OF THE WARRANTIES PROVIDED HEREIN BY THE CUSTOMER; (ii) THE OPERATIONS OR SERVICES RENDERED AND/OR PERFORMED OR TO BE PERFORMED BY THE PARTIES IN ACCORDANCE WITH THE AGREEMENT (iii) CUSTOMER’S PERSONNEL, SUBCONTRACTORS, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMER.LICENSEES;

Customer Indemnification. SUBJECT TO SECTION Section 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S 'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, SUBSIDIARIES (ALL OF THE FOREGOING, THE “"Provider Group”) Indemnified Parties"), FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S 'S FACILITIES AND/OR ANY TRUCKS OR TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP INDEMNIFIED PARTIES SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUPINDEMNIFIED PARTIES, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP ▇▇▇▇▇▇ SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP ▇▇▇▇▇▇ SYSTEM BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT TO SECTION Section 16.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, SUBSIDIARIES (ALL OF THE FOREGOING, THE “Provider GroupIndemnified Parties”) ), FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP INDEMNIFIED PARTIES SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUPINDEMNIFIED PARTIES, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP ▇▇▇▇▇▇ SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP ▇▇▇▇▇▇ SYSTEM BY OR ON BEHALF OF CUSTOMER.

Customer Indemnification. SUBJECT CUSTOMER WILL DEFEND ALL ACTIONS, CLAIMS, DEMANDS, SUITS, INVESTIGATIONS, AND PROCEEDINGS (CLAIM) MADE OR BROUGHT AGAINST ANY OR ALL MEMBERS OF THE S+N GROUP BY A THIRD PARTY (INCLUDING A GOVERNMENTAL ENTITY) IN CONNECTION WITH: (a) ANY MEMBER OF THE CUSTOMER GROUP’S NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT IN CONNECTION WITH THE AGREEMENT; (b) THE USE OF THE PLATFORM BY ANY OF THE CUSTOMER GROUP OR AN ACCOUNT OF ANY AUTHORIZED USER; (c) DATA PROVIDED OR TRANSMITTED BY ANY MEMBER OF THE CUSTOMER GROUP OR AN ACCOUNT OF ANY AUTHORIZED USER THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE FAILURE TO SECTION 16.1COMPLY WITH APPLICABLE CONFIDENTIALITY AND PRIVACY LAWS AND PROPRIETARY RIGHTS; (d) A VIOLATION OF APPLICABLE LAW IN CONNECTION WITH ANY MEMBER OF THE CUSTOMER GROUP’S PERFORMANCE UNDER THE AGREEMENT; (e) THE AGREEMENT; (f) THE PERFORMANCE OF ANY MEDICAL PROCEDURES; OR (g) ACTUAL OR ALLEGED INVASION OF PRIVACY, RIGHTS OF PRIVACY OR PUBLICITY, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT (OR MISAPPROPRIATION OF ANY U.S. OR FOREIGN PATENT) ASSOCIATED WITH THE ACTS OR OMISSIONS OF ANY OF THE CUSTOMER AGREES TO GROUP OR ANY ACCOUNT OF AN AUTHORIZED USER IN CONNECTION WITH THE USE OF PLATFORM UNDER THE AGREEMENT, AND SHALL RELEASE, DEFEND, IN EACH CASE WILL INDEMNIFY AND HOLD HARMLESS PROVIDERTHE MEMBERS OF THE S+N GROUP FOR ANY DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, AWARDS, PENALTIES, FINES, EXPENSES, COSTS, AND PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL REASONABLE ATTORNEYS’ FEES INCURRED BY THE MEMBERS OF THE FOREGOING, THE “Provider Group”) FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S FACILITIES AND/OR ANY TRUCKS OR TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS TO A RECEIPT POINT OR DELIVERING CUSTOMER HYDROCARBONS FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER S+N GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS DELIVERED INTO THE TGP SYSTEM THAT DO NOT MEET THE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS DELIVERED INTO THE TGP SYSTEM BY OR ON BEHALF OF CUSTOMERFOREGOING.

Customer Indemnification. SUBJECT TO SECTION 16.1Section 13.1, CUSTOMER AGREES TO AND SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, PROVIDER AND PROVIDER’S 'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT, AFFILIATES AND SUBSIDIARIES, (ALL OF THE FOREGOING, THE “Provider "provider Group”") FROM AND AGAINST ALL LOSSES WHICH IN ANY WAY RESULT FROM ANY OF THE FOLLOWING: (A) THE OWNERSHIP, CONTROL, DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF CUSTOMER’S 'S FACILITIES AND/OR ANY TRUCKS OR NON-PARTY TRAINS UTILIZED BY CUSTOMER FOR DELIVERING CUSTOMER HYDROCARBONS PRODUCT TO A RECEIPT POINT OR DELIVERING TAKING CUSTOMER HYDROCARBONS PRODUCT FROM A DELIVERY POINT; PROVIDED, HOWEVER, THAT NO MEMBER OF THE PROVIDER GROUP SHALL BE ENTITLED TO INDEMNIFICATION PURSUANT TO THIS SECTION 16.2 13.2 WITH RESPECT TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE PROVIDER GROUP, (B) ANY CUSTOMER GAS OR CUSTOMER INJECTED NGLS PRODUCT DELIVERED INTO THE TGP MENTOR SYSTEM THAT DO DOES NOT MEET THE APPLICABLE QUALITY SPECIFICATIONS SET FORTH IN SECTION 1.1(A) OF THE OPERATING TERMS (AS REVISED IN ACCORDANCE WITH SECTION 1.1(B) OF THE OPERATING TERMS), AND (C) THE PAYMENT OR CALCULATION OF ANY PROCEEDS, ROYALTIES OR OTHER BURDENS ON PRODUCTION DUE BY ANY PRODUCER TO APPLICABLE LESSORS, LANDOWNERS, ROYALTY HOLDERS OR OTHER INTEREST HOLDERS (INCLUDING CO-OWNERS OF WORKING INTERESTS), AS APPLICABLE, WITH RESPECT TO ANY GAS OR INJECTED NGLS PRODUCT DELIVERED INTO THE TGP MENTOR SYSTEM BY OR ON BEHALF OF CUSTOMER.