Common use of Evacuations Clause in Contracts

Evacuations. It is possible that Newmont, in its reasonable discretion, may determine that an evacuation of any or all personnel from a Newmont worksite or other work location (a “Site”) is necessary for health, safety, or any other reason (an “Evacuation”). Under such circumstances, Newmont generally employs the services of one or more third party contractors (“Evacuation Providers”) to carry out all aspects of the Evacuation. In such event, Newmont shall use reasonable, good faith efforts to notify Supplier of the impending Evacuation and, either at the request of Supplier or of Newmont safety personnel, in the event of a safety emergency, or at the request of Supplier, medical personnel, or Newmont health and safety personnel, in the event of a medical emergency, Newmont shall use reasonable, good faith efforts to notify the Evacuation Providers of the presence of Supplier Party personnel or invitees at the Site and direct Evacuation Providers to provide, at Supplier’s sole expense, evacuation services (of a substantially similar type as that provided to Newmont’s personnel) to Supplier Party personnel or invitees (“Evacuation Services”). Supplier hereby assumes all risks of and responsibility for any Losses (including damage (property or otherwise), injury, or death), excluding, however, any of the same to the extent caused by the gross negligence or willful misconduct of Newmont, to any Supplier Party personnel or invitees based on or arising out of any Evacuation Provider’s provision or lack of provision of Evacuation Services (collectively, “Evacuation Injuries”). Supplier (i) hereby discharges and releases each Newmont Party from any and all Claims and Losses, of any nature whatsoever, that Supplier or any Supplier Party or Supplier invitee claiming through Supplier may have now or in the future as a result of Evacuation Injuries, (ii) covenants that Supplier shall not at any time in the future, directly or indirectly, commence or prosecute any action, suit, or other proceeding against any Newmont Party related to the same, and (iii) shall indemnify and hold harmless each Newmont Party from and against any and all third party Claims, and shall reimburse each Newmont Party for any and all Losses reasonably incurred by such Newmont Party in connection with investigating, mitigating or defending against any such third party Claims, which Claims or Losses are sustained or incurred by or asserted against any of them and arise out of, in connection with, or are based on allegations, whenever made, related to the Evacuation Services or Evacuation Injuries, excluding, however, any such Claims or Losses to the extent caused by the gross negligence or willful misconduct of Newmont. In addition, Supplier acknowledges that any and all Evacuation Services shall be provided at Supplier’s sole cost and expense and Supplier shall be solely liable to Evacuation Providers for all such costs and expenses. If any Evacuation Providers charge Newmont for provision of Evacuation Services to Supplier Party personnel or invitees, Supplier shall promptly, upon receipt of an invoice from Newmont, reimburse Newmont for the same. If such charge includes amounts due for services provided to non-Supplier Party personnel/invitees, Supplier shall be responsible only for its pro rata share thereof (based on the number of Supplier Party personnel and invitees evacuated in relation to all personnel evacuated).

Evacuations. It is possible that Newmont, in its reasonable discretion, may determine that an evacuation of any or all personnel from a Newmont worksite or other work location (a “Site”) is necessary for health, safety, or any other reason (an “Evacuation”). Under such circumstances, Newmont generally employs the services of one or more third party contractors (“Evacuation Providers”) to carry out all aspects of the Evacuation. In such event, Newmont shall use reasonable, good faith efforts to notify Supplier of the impending Evacuation and, either at the request of Supplier or of Newmont safety personnel, in the event of a safety emergency, or at the request of Supplier, medical personnel, or Newmont health and safety personnel, in the event of a medical emergency, Newmont shall use reasonable, good faith efforts to notify the Evacuation Providers of the presence of Supplier Party personnel or invitees at the Site and direct Evacuation Providers to provide, at Supplier’s sole expense, evacuation services (of a substantially similar type as that provided to Newmont’s personnel) to Supplier Party personnel or invitees (“Evacuation Services”). Supplier hereby assumes all risks of and responsibility for any Losses (including damage (property or otherwise), injury, or death), excluding, however, any of the same to the extent caused by the gross negligence or willful misconduct of Newmont, to any Supplier Party personnel or invitees based on or arising out of any Evacuation Provider’s provision or lack of provision of Evacuation Services (collectively, “Evacuation Injuries”). Supplier (iA) hereby discharges and releases each Newmont Party from any and all Claims and Losses, of any nature whatsoever, that Supplier or any Supplier Party or Supplier invitee claiming through Supplier may have now or in the future as a result of Evacuation Injuries, (iiB) covenants that Supplier shall not at any time in the future, directly or indirectly, commence or prosecute any action, suit, or other proceeding against any Newmont Party related to the same, and (iiiC) shall indemnify and hold harmless each Newmont Party from and against any and all third party Claims, and shall reimburse each Newmont Party for any and all Losses reasonably incurred by such Newmont Party in connection with investigating, mitigating or defending against any such third party Claims, which Claims or Losses are sustained or incurred by or asserted against any of them and arise out of, in connection with, or are based on allegations, whenever made, related to the Evacuation Services or Evacuation Injuries, excluding, however, any such Claims or Losses to the extent caused by the gross negligence or willful misconduct of Newmont. In addition, Supplier acknowledges that any and all Evacuation Services shall be provided at Supplier’s sole cost and expense and Supplier shall be solely liable to Evacuation Providers for all such costs and expenses. If any Evacuation Providers charge Newmont for provision of Evacuation Services to Supplier Party personnel or invitees, Supplier shall promptly, upon receipt of an invoice from Newmont, reimburse Newmont for the same. If such charge includes amounts due for services provided to non-Supplier Party personnel/invitees, Supplier shall be responsible only for its pro rata share thereof (based on the number of Supplier Party personnel and invitees evacuated in relation to all personnel evacuated).