Operator Indemnities. Operator shall defend, indemnify and hold harmless Customer, any Customer Designee, their respective Affiliates, and their respective directors, officers, employees, representatives, agents, contractors, successors and permitted assigns (collectively, the “Customer Indemnitees”) from and against any Liabilities directly or indirectly arising out of (i) any breach by Operator of any covenant or agreement contained herein or made in connection herewith or any representation or warranty of Operator made herein or in connection herewith proving to be false or misleading, (ii) any failure by Operator, its Affiliates or any of their respective employees, representatives, agents or contractors to comply with or observe any Applicable Law, (iii) the offsite disposal of any hazardous or non-hazardous waste generated from the Tank, or (iv) injury, disease, or death of any Person or damage to or loss of any property, fine or penalty, any of which is caused by Operator, its Affiliates or any of their respective employees, representatives, agents or contractors in the exercise of any of the rights granted hereunder or the handling or transportation of any Products hereunder, except to the extent of Customer’s obligations under Section 20(b) below, and except to the extent that such injury, disease, death, or damage to or loss of property, fine or penalty was caused by the negligence or willful misconduct on the part of the Customer Indemnitees, their Affiliates or any of their respective employees, representatives, agents or contractors. Notwithstanding the foregoing, Operator’s liability to the Customer Indemnitees pursuant to this Section 20 shall be net of any insurance proceeds actually received by the Customer Indemnitees or any of their respective Affiliates from any third party with respect to or on account of the damage or injury which is the subject of the indemnification claim. Customer shall, and shall cause the other Customer Indemnitees to, (A) use all commercially reasonable efforts to pursue the collection of all insurance proceeds to which any of the Customer Indemnitees are entitled with respect to or on account of any such damage or injury, (B) notify Operator of all potential claims against any third party for any such insurance proceeds, and (C) keep Operator fully informed of the efforts of the Customer Indemnitees in pursuing collection of such insurance proceeds.
Operator Indemnities. 16.4.1 The Operator shall and shall procure that any relevant Sub-Contractor shall indemnify and keep indemnified in full (i) the Authority and, (ii) at the Authority’s request, each and every contractor and/or sub-contractor who shall provide any service equivalent to any of the Services after expiry or earlier termination of this Agreement against:-
Operator Indemnities. Operator shall fully indemnify each of the Owner Indemnified Parties, from and against any and all Damages directly or indirectly arising out of, resulting from or related to:
