Common use of Indemnification by Fulcrum Clause in Contracts

Indemnification by Fulcrum. Fulcrum shall indemnify, defend and hold harmless Supplier and all of Supplier’s Indemnified Parties, from and against all Losses to which any of them may be subjected by reason of, or to the extent resulting from, any condition of the Facility or associated with the operation, maintenance or closure thereof, relating to Hazardous Materials and other environmental damage or liability, including any one or more release or threatened release of any Hazardous Materials and water or ground water contamination therefrom and replacement or restoration of natural resources arising from or related to Hazardous Materials, including any repair, cleanup or detoxification thereof, or preparation and implementation of any removal, remedial, response, closure or other plan with respect thereto (regardless of whether undertaken due to governmental action). This indemnity of Supplier, its Affiliates, and its franchise customers by Fulcrum is intended to operate as an agreement pursuant to, but not limited to, Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9607(e)) and any analogous statute under Nevada law, to insure, protect, hold harmless, defend and indemnify Supplier, its Affiliates and its franchise customers from liability in accordance with this Section. Supplier, its Affiliates and its franchise customers do not hereby waive or surrender any other indemnity available to it under any applicable law. The indemnity in this Section 6.2(a) shall survive the termination of this Agreement. The indemnification and related obligations of Fulcrum set forth in this Section 6.2(a) shall not apply to any Losses arising out of Hazardous Materials delivered to the Facility by Supplier, its Affiliates or any of their employees or agents unless Fulcrum has chosen to accept such materials. Additionally, if Fulcrum handles, loads, transports or disposes of any Rejected Materials (as contemplated by Section 2.7(a)), then under no circumstances shall Fulcrum be deemed an “agent” or “subcontractor” of Supplier for purposes of this indemnity.

Indemnification by Fulcrum. Fulcrum shall indemnify, defend and hold harmless Supplier and all of Supplier’s Indemnified Parties, from and against all Losses to which any of them may be subjected by reason of, or to the extent resulting from, any condition of the Facility or associated with the operation, maintenance or closure thereof, relating to Hazardous Materials and other environmental damage or liability, including any one or more release or threatened release of any Hazardous Materials and water or ground water contamination therefrom and replacement or restoration of natural resources arising from or related to Hazardous Materials, including any repair, cleanup or detoxification thereof, or preparation and implementation of any removal, remedial, response, closure or other plan with respect thereto (regardless of whether undertaken due to governmental action). This indemnity of Supplier, its Affiliates, and its franchise customers by Fulcrum is intended to operate as an agreement pursuant to, but not limited to, Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9607(e)) and any analogous statute under Nevada law, to insure, protect, hold harmless, defend and indemnify Supplier, its Affiliates and its franchise customers from liability in accordance with this Section. Supplier, its Affiliates and its franchise customers do not hereby waive or surrender any other indemnity available to it under any applicable law. The indemnity in this Section 6.2(a) shall survive the termination of this Agreement. The indemnification and related obligations of Fulcrum set forth in this Section 6.2(a) shall not apply to any Losses arising out of Hazardous Materials delivered to the Facility by Supplier, its Affiliates or any of their employees or agents unless Fulcrum has chosen to accept such materials. Additionally, if Fulcrum handles, loads, transports or disposes of any Rejected Materials (as contemplated by Section 2.7(a)), then under no circumstances shall Fulcrum be deemed an “agent” or “subcontractor” of Supplier for purposes of this indemnity.Rejected