Common use of Duty to Indemnify Operator Group Clause in Contracts

Duty to Indemnify Operator Group. Except as expressly provided otherwise in this Agreement, XXXXXX XXXXX SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS the Operator Group from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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 XXXXXX XXXXX OR ANY MEMBER OF XXXXXX XXXXX GROUP WHILE USING BERTH 121 AND/OR 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 XXXXXX XXXXX OR ANY MEMBER OF THE XXXXXX XXXXX GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X OBLIGATIONS UNDER THIS AGREEMENT.

Duty to Indemnify Operator Group. Except Notwithstanding anything to the contrary in this Agreement or any Terminal Service Order and except as expressly provided otherwise set forth in Section 19(c) of this Agreement, XXXXXX XXXXX CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS General Partner, the Partnership, their subsidiaries and their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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 XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF XXXXXX XXXXX CUSTOMER GROUP WHILE USING BERTH 121 THE BERTHS AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF THE XXXXXX XXXXX CUSTOMER GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT AND THE LONG BEACH BERTH THROUGHPUT AGREEMENT.

Duty to Indemnify Operator Group. Except Notwithstanding anything to the contrary in this Agreement or any Pipeline Service Order and except as expressly provided otherwise set forth in Section 12(c) of this Agreement, XXXXXX XXXXX CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS General Partner, the Partnership, their subsidiaries and their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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 XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF XXXXXX XXXXX CUSTOMER GROUP WHILE USING BERTH 121 THE BERTHS AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT, OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF THE XXXXXX XXXXX CUSTOMER GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT.

Duty to Indemnify Operator Group. Except Notwithstanding anything to the contrary in this Agreement or any Terminal Service Order and except as expressly provided otherwise set forth in Section 11(c) of this Agreement, XXXXXX XXXXX TRMC SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS Operator and Operator’s affiliates, and its and their respective officers, directors, members, managers, employees, agents, successors, and assigns (excluding any member of TRMC Group) (collectively the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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 XXXXXX XXXXX TRMC OR ANY MEMBER OF XXXXXX XXXXX TRMC GROUP WHILE USING BERTH 121 THE BERTHS AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX TRMC OR ANY MEMBER OF THE XXXXXX XXXXX TRMC GROUP WHILE PERFORMING ITS OR RELATING TO XXXXXX XXXXX’X THEIR OBLIGATIONS UNDER THIS AGREEMENT AND THE LONG BEACH BERTH THROUGHPUT AGREEMENT.

Duty to Indemnify Operator Group. Except as expressly provided otherwise in this Agreement, XXXXXX XXXXX CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY, INDEMNIFY AND HOLD HARMLESS the Operator Group from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). or death of persons and/or 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 OR THE NEGLIGENT ACTS, ERRORS, ERRORS OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF XXXXXX XXXXX CUSTOMER GROUP WHILE USING BERTH 121 AND/OR TO THE EXTENT SERVICES OF THE PERCENTAGE FACILITY OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, PERFORMING ITS OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX OR ANY MEMBER OF THE XXXXXX XXXXX GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X THEIR OBLIGATIONS UNDER THIS AGREEMENT.

Duty to Indemnify Operator Group. Except as expressly provided otherwise Notwithstanding anything to the contrary in this AgreementAgreement or any Terminal Service Order, XXXXXX XXXXX CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS General Partner, the Partnership, their subsidiaries and their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively, the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF XXXXXX XXXXX THE CUSTOMER GROUP WHILE USING BERTH 121 THE ANACORTES MARINE TERMINAL AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF THE XXXXXX XXXXX CUSTOMER GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT.

Duty to Indemnify Operator Group. Except as expressly provided otherwise Notwithstanding anything to the contrary in this AgreementAgreement or any Terminal Service Order, XXXXXX XXXXX TRMC SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS General Partner, the Partnership, their subsidiaries and their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX TRMC OR ANY MEMBER OF XXXXXX XXXXX THE TRMC GROUP WHILE USING BERTH 121 THE AVON TERMINAL AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX TRMC OR ANY MEMBER OF THE XXXXXX XXXXX TRMC GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X TRMC’S OBLIGATIONS UNDER THIS AGREEMENT.

Duty to Indemnify Operator Group. Except as expressly provided otherwise Notwithstanding anything to the contrary in this AgreementAgreement or any Terminal Service Order, XXXXXX XXXXX CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS General Partner, the Partnership, their subsidiaries and their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively, the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF XXXXXX XXXXX THE CUSTOMER GROUP WHILE USING BERTH 121 THE AVON TERMINAL AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX CUSTOMER OR ANY MEMBER OF THE XXXXXX XXXXX CUSTOMER GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT.

Duty to Indemnify Operator Group. Except as expressly provided otherwise Notwithstanding anything to the contrary in this AgreementAgreement or any Terminal Service Order, XXXXXX XXXXX TRMC SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS General Partner, the Partnership, their subsidiaries and their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively the “Operator Group Group”) from and against all Claims, inclusive of Claims made by third parties, arising from or relating to any injury to or death of persons and/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, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX TRMC OR ANY MEMBER OF XXXXXX XXXXX THE TRMC GROUP WHILE USING BERTH 121 THE ANACORTES MARINE TERMINAL AND/OR TO THE EXTENT OF THE PERCENTAGE OR PROPORTION OF DETERMINED FAULT ARISING FROM THE BREACH, DEFAULT, STRICT LIABILITY, WILLFUL MISCONDUCT OR THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF XXXXXX XXXXX TRMC OR ANY MEMBER OF THE XXXXXX XXXXX TRMC GROUP WHILE PERFORMING OR RELATING TO XXXXXX XXXXX’X TRMC’S OBLIGATIONS UNDER THIS AGREEMENT.