Common use of Description of Obligations Clause in Contracts

Description of Obligations. From and after the Closing, except as set forth in Section 8.6.2, the indemnification rights in Section 8.4 for the benefit of W&T shall not cover any the following occurrences, events, conditions, and activities on or related to the Property (the “Environmental Obligations”), regardless of whether arising from the ownership or operation of the Property before or after the Calculation Date, and regardless of whether resulting from any acts or omissions of KMG (INCLUDING THOSE ARISING FROM KMG’S SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT) or the condition of the Property when acquired: (i) Environmental pollution or contamination, including pollution or contamination of the soil, sea, groundwater or air by Hydrocarbons, drilling fluid or other chemicals, brine, produced water, NORM, or any other substance; (ii) Underground injection activities and waste disposal on the Property; (iii) Clean-up responses, and the cost of remediation, control, assessment or compliance with respect to surface, sea floor and subsurface pollution caused by spills, pits, ponds, lagoons or subsurface storage tanks; (iv) Non-compliance with applicable land use, surface disturbance, licensing or notification rules, regulations, demands or orders of appropriate state or federal regulatory agencies; (v) Disposal on the Property of any hazardous substances, wastes, materials and products generated by or used in connection with the ownership or operation of the Property before or after the Calculation Date; and (vi) Non-compliance with Environmental Laws.

Description of Obligations. From Without limiting ASSIGNEE’s rights to indemnity under Article 8, upon and after the Closing, except as set forth in Section 8.6.2, the indemnification rights in Section 8.4 ASSIGNEE assumes full responsibility and liability for the benefit of W&T shall not cover any the following occurrences, events, conditions, and activities on or related to the Property (the “Environmental Obligations”), regardless of whether arising from the ownership or operation of the Property before before, on or after the Calculation Effective Date, and regardless of whether resulting from any acts or omissions of KMG ASSIGNOR (INCLUDING THOSE ARISING FROM KMGASSIGNOR’S SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT) or the condition of the Property when acquired: (ia) Environmental pollution or contamination, including pollution or contamination of the soil, seawater bodies, groundwater or air by Hydrocarbons, drilling fluid or other chemicals, brine, produced water, NORM, or any other substance; (iib) Underground injection activities and waste disposal on the Property; (iiic) Clean-up responses, and the cost of remediation, control, assessment or compliance with respect to surface, sea floor water bodies and subsurface pollution caused by spills, pits, ponds, lagoons or subsurface storage tanks; (ivd) Non-compliance with applicable land use, surface disturbance, licensing or notification rules, regulations, demands or orders of appropriate state or federal regulatory agencies; (ve) Disposal on the Property of any hazardous substances, wastes, materials and products generated by or used in connection with the ownership or operation of the Property before before, on or after the Calculation Effective Date; and (vif) Non-compliance with Environmental Laws.