Duty to Indemnify Operator Group. Except as expressly provided otherwise in this Agreement, CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS Operator and Operator’s affiliates, officers, directors, members, managers, employees, agents, contractors, successors, and assigns (excluding any member of Customer Group) (collectively 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 CUSTOMER OR ANY MEMBER OF CUSTOMER GROUP WHILE USING THE BERTHS 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 CUSTOMER WHILE PERFORMING OR RELATING TO CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT. Customer Group’s obligation to indemnify Operator hereunder shall include any Claims arising from Customer Group’s violation of Section 14(g) except to the extent such violation is the result of acts or omissions of Operator.
Appears in 3 contracts
Samples: Berth Access, Use and Throughput Agreement, Berth Access, Use and Throughput Agreement (Tesoro Logistics Lp), Berth Access, Use and Throughput Agreement (Tesoro Corp /New/)
Duty to Indemnify Operator Group. Except as expressly provided otherwise in this Agreement, CUSTOMER TRMC SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS Operator and Operator’s affiliates, officers, directors, members, managers, employees, agents, contractors, successors, and assigns (excluding any member of Customer TRMC Group) (collectively 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 CUSTOMER TRMC OR ANY MEMBER OF CUSTOMER TRMC GROUP WHILE USING THE BERTHS 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 CUSTOMER TRMC WHILE PERFORMING OR RELATING TO CUSTOMER’S ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT. Customer TRMC Group’s obligation to indemnify Operator hereunder Group shall not include any Claims arising from Customer TRMC Group’s violation of Section 14(g5(d) except to the extent such violation is the result of acts or omissions of Operator.
Appears in 2 contracts
Samples: Operating Agreement (Tesoro Logistics Lp), Operating Agreement (Tesoro Corp /New/)