Limitations Regarding Environmental Indemnification. The aggregate liability of the Xxxxx Entities in respect of all Covered Environmental Losses under Section 3.1(a) shall not exceed (1) with respect to Assets other than the 2008 Crude Pipelines, Tanks and Related Assets, $15.0 million plus an additional $2.5 million in the case of Covered Environmental Losses related to the 8” and 10” Lovington/Artesia Intermediate Pipelines (for clarity, the first $15,000,000 million limit would apply to Covered Environmental Losses associated with the 8” and 10” Lovington/Artesia Intermediate Pipelines and the 2004 Product Pipelines, Terminal and Related Assets, while the limit between $15,000,000 and $17,500,000 would apply only to Covered Environmental Losses associated with the 8” and 10” Lovington/Artesia Intermediate Pipelines) and (2) $7.5 million in the case of Covered Environmental Losses related to the 2008 Crude Pipelines, Tanks and Related Assets. The Xxxxx Entities will not have any obligation under Section 3.1 with respect to any Assets until the Covered Environmental Losses of the Partnership Entities exceed $200,000.
Limitations Regarding Environmental Indemnification. The aggregate liability of Atlas America in respect of all Covered Environmental Losses under Section 7.2 shall not exceed $25,000,000 and Atlas America will not have any obligation under Section 7.2 until the Covered Environmental Losses of the Atlas Energy Group exceed $500,000.
Limitations Regarding Environmental Indemnification. The aggregate liability of Parent in respect of all Covered Environmental Losses under Section 2.1(a) shall not exceed $7,500,000. Parent shall not have any obligation under Section 2.1(a) until the Covered Environmental Losses of the Partnership Group exceed $250,000, and then only to the extent such aggregate Covered Environmental Losses exceed $250,000. Notwithstanding anything herein to the contrary, in no event shall Parent have any indemnification obligations under Section 2.1(a) for claims made as a result of additions to or modifications of Environmental Laws promulgated after the Closing Date.
Limitations Regarding Environmental Indemnification. The aggregate liability of EAC in respect of all Covered Environmental Losses under Section 3.1 shall not exceed $10.0 million, and EAC shall not have any obligation under Section 3.1 until such Covered Environmental Losses exceed $500,000, and then only to the extent such aggregate Covered Environmental Losses exceed $500,000. Notwithstanding anything herein to the contrary, in no event shall EAC have any indemnification obligations under Section 3.1 for claims made as a result of additions to or modifications of Environmental Laws promulgated after the Closing Date.
Limitations Regarding Environmental Indemnification. The aggregate liability of TMG in respect of all Covered Environmental Losses under Section 3.1(a) shall not exceed $15.0 million. TMG shall not have any obligation under Section 3.1(a) until the Covered Environmental Losses of the Partnership Group exceed $250,000, and then only to the extent such aggregate Covered Environmental Losses exceed $250,000. Notwithstanding anything herein to the contrary, in no event shall TMG have any indemnification obligations under Section 3.1(a) for claims made as a result of additions to or modifications of Environmental Laws promulgated after the Closing Date.
Limitations Regarding Environmental Indemnification. The aggregate liability of the GPC Entities and the General Partner in respect of all Covered Environmental Losses under Section 3.1 shall not exceed $7.5 million and the GPC Entities and the General Partner shall not have any obligation under Section 3.1 until such Covered Environmental Losses for any 12-month period, beginning on the Closing Date, exceed $400,000 (the "Annual Deductible") and then only to the extent such aggregate Covered Environmental Losses exceed $400,000. Any unused portion of the Annual Deductible in a 12-month period, including unused portions carried over from prior periods, shall be carried over to the next 12-month period. After the fifth anniversary of the Closing Date, the Annual Deductible shall be reduced to $150,000, but in all events, any unused portions carried over from prior periods shall thereafter be made available to the GPC Entities and the General Partner. Notwithstanding anything herein to the contrary, in no event shall the GPC Entities and the General Partner have any indemnification obligations under Section 3.1 for claims made as a result of additions to or modifications of Environmental Laws promulgated after the Closing Date.
Limitations Regarding Environmental Indemnification. The aggregate liability of BreitBurn Energy in respect of all Covered Environmental Losses under Section 3.2 shall not exceed $5.0 million and BreitBurn Energy shall not have any obligation under Section 3.2 until such Covered Environmental Losses exceed $500,000 and then only to the extent such aggregate Covered Environmental Losses exceed $500,000. Notwithstanding anything herein to the contrary, in no event shall BreitBurn Energy Entities have any indemnification obligations under Section 3.2 for claims made as a result of additions to or modifications of Environmental Laws promulgated after the Effective Date.
Limitations Regarding Environmental Indemnification. The aggregate liability of EXCO in respect of all Covered Environmental Losses under Section 4.1 shall not exceed $20,000,000 and EXCO shall not have any obligation under Section 4.1 until such Covered Environmental Losses exceed $1,000,000 in the aggregate, in which case such obligation shall extend to the first dollar of such Covered Environmental Losses. Notwithstanding anything herein to the contrary, in no event shall EXCO have any indemnification obligations under Section 4.1 for claims made as a result of additions to or modifications of Environmental Laws promulgated after the Effective Time.
Limitations Regarding Environmental Indemnification. WES xxxll have no indemnification obligation under Section 3.1 for claims made after the third anniversary of the date of this Agreement. The aggregate liability of WES xx respect of all Covered Environmental Losses under Section 3.1 shall not exceed $15 million.
Limitations Regarding Environmental Indemnification. Sunoco shall be obligated to indemnify, defend and hold harmless the Partnership Group for 100% of all Covered Environmental Losses asserted within the first 21 years after the Closing Date. Sunoco's obligation to indemnify, defend and hold harmless the Partnership Group for Covered Environmental Losses asserted in any given year thereafter shall decrease by 10% a year in accordance with Schedule I attached hereto. For example, for a claim asserted during the 23rd year after the Closing Date, Sunoco would be required to indemnify the Partnership Group for 80% of its loss. There is no monetary cap on the amount of indemnity coverage provided by Sunoco under Section 3.2(a).
