Common use of Non-Conforming Produced Water Clause in Contracts

Non-Conforming Produced Water. If the Produced Water quality at any Produced Water Receipt Point does not conform to the Produced Water Quality Standards, then Service Provider will have the right to immediately discontinue taking Produced Water at such Produced Water Receipt Point so long as the Produced Water at such Produced Water Receipt Point continues to be non-conforming. In the event that Service Provider takes receipt of non-conforming Produced Water at any Produced Water Receipt Point, Producer agrees to be responsible for, and to defend, indemnify, release, and hold Service Provider and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature resulting from such non-conforming Produced Water, including claims and losses resulting from any negligent acts or omissions of any indemnified party, but excluding claims and losses to the extent caused by or arising out of the gross negligence or willful misconduct of the indemnified party. “Produced Water Quality Standards” means, with respect to any Produced Water, that such Produced Water is free from any contamination or any substances that would result in such Produced Water not meeting any requirements imposed by Applicable Law for transportation by truck or any quality standards of a Designated Receiving Facility.