Common use of Duty to Indemnify Customer Group Clause in Contracts

Duty to Indemnify Customer Group. Except as expressly provided otherwise in this Agreement, OPERATOR SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS Customer, and its affiliates, carriers successors and assigns, and each of its and their respective subsidiaries, affiliates, officers, directors, employees, agents, contractors, successors and assigns (collectively, the “Customer Group”) from and against all claims, suits, causes of action, demands, losses, liabilities, obligations, damages, costs, expenses, fees (including reasonable attorney’s fees) and court costs (collectively, “Claims”), inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons or damage, loss or injury to any property (excluding Product) TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY OR THE NEGLIGENT ACTS, ERRORS OR OMISSIONS OF OPERATOR OR ANY MEMBER OF OPERATOR GROUP WHILE PERFORMING ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Terminal Services Agreement (Arc Logistics Partners LP), Terminal Services Agreement (Arc Logistics Partners LP)

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Duty to Indemnify Customer Group. Except as expressly provided otherwise Notwithstanding anything to the contrary in this AgreementAgreement or any Terminal Service Order, OPERATOR Operator SHALL RELEASE, DEFEND, INDEMNIFY INDEMNIFY, AND HOLD HARMLESS Customer, and its affiliates, carriers successors and assigns, and each of its affiliates and their respective subsidiaries, affiliates, officers, directors, employees, agents, contractorssuccessors, successors and assigns (excluding any member of the Operator Group) (collectively, the “Customer Group”) from and against all claims, suits, causes of action, demands, losses, liabilities, obligations, damages, costs, expenses, fees (including including, but not limited to, reasonable attorney’s fees) ), and court costs (collectively, “Claims”), inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons or and/or damage, loss loss, or injury to any property (excluding Product) TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS ERRORS, OR OMISSIONS OF OPERATOR OR ANY MEMBER OF THE OPERATOR GROUP (AS DEFINED BELOW) WHILE PERFORMING ITS OR THEIR OPERATOR’S OBLIGATIONS UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Sublease Rights and Escrow Agreement (Andeavor Logistics Lp), Avon Marine Terminal Use and Throughput Agreement (Tesoro Corp /New/)

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