Common use of Joint Liability and Indemnification Clause in Contracts

Joint Liability and Indemnification. Each Member acknowledges that the Sector’s Members may be held jointly liable for ACE overages, discarding of legal‐sized fish and misreporting of catch landings or discards. Further, each Member acknowledges that should a hard total allowable catch (“TAC”) allocated to the Sector be exceeded in a given fishing year, the Sector’s allocation will be reduced by the overage in the following fishing year, and the Sector, each vessel participating in the Sector and each vessel operator and/or vessel owner participating in the Sector may be charged, as a result of said overages, jointly and severally for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904, and that if the Sector exceeds its TAC in more than one (1) fishing year, the Sector’s ACE may be permanently reduced or the Sector’s authorization to operate may be withdrawn. In consideration of the foregoing, each Active Member agrees to indemnify, defend and hold the Sector and all other Members harmless from and against all liabilities, claims, fines, penalties and forfeitures of any nature whatsoever arising out of or related to any breach of this Agreement related to such Active Member’s harvest of Sector ACE, and each Member agrees to indemnify, defend and hold the Sector and the other Members harmless from and against all liabilities, claims, fines, penalties and forfeitures of any nature whatsoever arising out of or related to such Member’s breach of this Agreement. Each Member’s indemnification obligation under this Section 11 is separate from and in addition to each Member’s liquidated damages and consequential damages obligations under Section 10, above. Each Member authorizes the Board to require that a Member’s obligations under this Section 11 be secured by a surety.

Joint Liability and Indemnification. Each Member acknowledges that the Sector’s Members may be held jointly liable for ACE overages, discarding of legal‐sized fish and misreporting of catch landings or discards. Further, each Member acknowledges that should a hard total allowable catch (“TAC”) allocated to the Sector be exceeded in a given fishing year, the Sector’s allocation will be reduced by the overage in the following fishing year, and the Sector, each vessel participating in the Sector and each vessel operator and/or vessel owner participating in the Sector may be charged, as a result of said overages, jointly and severally for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904, and that if the Sector exceeds its TAC in more than one (1) fishing year, the Sector’s ACE may be permanently reduced or the Sector’s authorization to operate may be withdrawn. In consideration of the foregoing, each Active Member agrees to indemnify, defend and hold the Sector and all other Members harmless from and against all liabilities, claims, fines, penalties and forfeitures of any nature whatsoever arising out of or related to any breach of this Agreement related to such Active Member’s harvest use of Sector ACE, and each Member agrees to indemnify, defend and hold the Sector and the other Members harmless from and against all liabilities, claims, fines, penalties and forfeitures of any nature whatsoever arising out of or related to such Member’s breach of this Agreement. Each Member’s indemnification obligation under this Section 11 is separate from and in addition to each Member’s liquidated damages and consequential damages obligations under Section 10, above. Each Member authorizes the Board to require that a Member’s obligations under this Section 11 be secured by a surety.

Joint Liability and Indemnification. Each Member acknowledges that the Sector’s Members may be held jointly liable for ACE overages, discarding of legal‐sized legal-sized fish and misreporting of catch landings or discards. Further, each Member acknowledges that should a hard total allowable catch (“TAC”) allocated to the Sector be exceeded in a given fishing year, the Sector’s allocation will be reduced by the overage in the following fishing year, and the Sector, each vessel participating in the Sector and each vessel operator and/or vessel owner participating in the Sector may be charged, as a result of said overages, jointly and severally for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904, and that if the Sector exceeds its TAC in more than one (1) fishing year, the Sector’s ACE may be permanently reduced or the Sector’s authorization to operate may be withdrawn. In consideration of the foregoing, each Active Member agrees to indemnify, defend and hold the Sector and all other Members harmless from and against all liabilities, claims, fines, penalties and forfeitures of any nature whatsoever arising out of or related to any breach of this Agreement related to such Active Member’s harvest of Sector ACE, and each Member agrees to indemnify, defend and hold the Sector and the other Members harmless from and against all liabilities, claims, fines, penalties and forfeitures of any nature whatsoever arising out of or related to such Member’s breach of this Agreement. Each Member’s indemnification obligation under this Section 11 is separate from and in addition to each Member’s liquidated damages and consequential damages obligations under Section 10, above. Each Member authorizes the Board to require that a Member’s obligations under this Section 11 be secured by a surety.