Common use of Pollution and Contamination Clause in Contracts

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall be as follows: (a) The Contractor shall assume all responsibility for cleaning up and controlling pollution or contamination which originates above the surface of the water from spills or fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints solvents, ballast, bilge and garbage wholly in Contractor's possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility for (including control and removal of the pollutant involved) and shall protect, defend and save the Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising from all pollution or contamination, other than that described in sub-clause (a) above, which may occur from any cause including negligence of Contractor but not limited to, that which may result from fire, blowout, cratering, seepage of any other uncontrolled flow of oils, gas, water or other substances, as well as the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or caving, lost circulation and fish recovery materials and fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million (US$ 1 Million) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, for whom such party is performing work, is held to be legally liable the responsibility therefor shall be considered as between the Contractor and Operator, to be the same as if the party for whom the work was performed and all of the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, except the provisions of Paragraphs 10 and 12, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or and contamination shall be as follows: (a) The Unless otherwise provided herein, Contractor shall assume all responsibility for cleaning up for, including control and controlling removal of, and shall protect, defend and indemnify Operator from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination contamination, which originates above the surface of the land or water from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballast, bilge and garbage garbage, except unavoidable pollution from reserve pits, wholly in Contractor's possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility for (for, including control and removal of the pollutant involved) of, and shall protect, defend and save the indemnify Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising directly or indirectly from all other pollution or contamination, other than that described in sub-clause (a) above, contamination which may occur from any cause including negligence during the conduct of Contractor operations hereunder, including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use or disposition of all drilling fluids, including, but not limited to, oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or cavingcavings, lost circulation and fish recovery materials and fluids provided however, Contractor's sole fluids. Operator shall release Contractor of any liability under this sub-clause is to reimburse Operator US Dollars One Million for the foregoing. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, for whom such party is performing work, is held to be legally liable liable, the responsibility therefor shall be considered considered, as between the Contractor and Operator, to be the same as if the party for whom the work was performed had performed the same and all of the obligations respecting defense indemnityprotection, holding harmless defense, indemnity and limitation of responsibility and liability liability, as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the (a) The responsibility for pollution or contamination shall at all times be as follows: (ai) The Contractor shall assume all responsibility be responsible for cleaning up and controlling hold harmless and indemnify Operator Group for control and removal of pollution or contamination which originates above the surface of the water water, emanates from the Rig (excepting any pollution or contamination originating from Contractor Group’s subsea equipment or produced fluids from the wellbore that are stored in and/or transported to or from the oil storage and handling system tanks of the Rig) or is directly associated with Contractor’s Items, from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballast, bilge and bilge, garbage wholly or pollutants in Contractor's the possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability of any member of Contractor Group. For purposes hereof the term “normal water base drilling fluid” means drilling fluid which does not exceed toxicity limits specified for offshore discharges by the environmental protection entity having jurisdiction over the Area of Operations. (ii) Operator shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify responsible for and hold harmless and indemnify Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a)Group against all claims, Operator shall assume all responsibility for demands and causes of action of every kind and character (including control and removal of the pollutant involved) and shall protect, defend and save the Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising directly or indirectly from all pollution or contamination (including radioactive contamination), other than that described in sub-clause (a) aboveSection 8.5(a)(i), which may occur from any cause including negligence of Contractor but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use of or disposition of radioactive sources, lost circulation and fish recovery materials and fluids, oil emulsion, oil base or chemically treated drilling fluids, contaminated fluids and attendant cuttings or caving, lost circulation and fish recovery materials and drilling fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million other than “normal water base drilling fluid” as defined in Section 8.5(a)(i). (US$ 1 Millioniii) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party Third Party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, Operator for whom such party Third Party is performing work, work is held to be legally liable liable, the responsibility therefor shall be considered considered, as between the Contractor and Operator, to be the same as if the party Party for whom the work was performed had performed the same and all of the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as limitations set forth in (a) and (b) abovethis Section 8.5, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall be as follows: (a) The Contractor shall assume all responsibility for cleaning up and controlling pollution or contamination which originates above the surface of the water from spills or fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints solvents, ballast, bilge and garbage wholly in Contractor's possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility for (including control and removal of the pollutant involved) and shall protect, defend and save the Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising xxxxxxx from all pollution or contamination, other than that described in sub-clause (a) above, which may occur from any cause including negligence of Contractor but not limited to, that which may result from fire, blowout, cratering, seepage of any other uncontrolled flow of oils, gas, water or other substances, as well as the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or caving, lost circulation and fish recovery materials and fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million (US$ 1 Million) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, for whom such party is performing work, is held to be legally liable the responsibility therefor shall be considered as between the Contractor and Operator, to be the same as if the party for whom the work was performed and all of the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall be as follows: (a) The Contractor CONTRACTOR shall assume all responsibility for and shall protect, defend, indemnify and save COMPANY harmless from and against all claims, demands and causes of action, of every kind and character, arising for cleaning up and controlling containing pollution or contamination which originates above the surface of the water from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballast, bilge and garbage wholly in ContractorCONTRACTOR's possession and control and directly associated with ContractorCONTRACTOR's equipment Items and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator COMPANY shall assume all responsibility for (including control and removal of the pollutant involved) and shall protect, defend and indemnify and save the Contractor CONTRACTOR harmless from and against all claims, demands, demands and causes of action action, of every kind and character character, arising from all pollution or contamination, other than that described in sub-clause (a) above, which may occur from any cause including negligence as a result of Contractor Operations hereunder, including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or cavingcavings, lost circulation and fish "fish" recovery materials and fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million or fluids. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event that a third party person commits an act or omission ommission which results in pollution or contamination for which either the Contractor CONTRACTOR or Operator, for whom such party is performing work, COMPANY is held to be legally liable liable, the responsibility therefor therefore shall be considered considered, as between the Contractor CONTRACTOR and Operator, COMPANY to be the same as if the party CONTRACTOR or COMPANY (for whom the work whichever one such person was performed working when such act or omission occurred) had committed such act or omission and all of the rights and obligations respecting defense defense, indemnity, holding harmless and limitation of responsibility and liability liability, as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall at all times be as follows: (a) The Contractor shall assume all responsibility be responsible for cleaning up and controlling hold harmless and indemnify Operator for control and removal of pollution or contamination which originates above the surface of the water land from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballastand garbage, bilge and garbage except unavoidable pollution from reserve pits, wholly in Contractor's possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after . For purposes hereof the Operator shall indemnify and hold harmless Contractor term "normal water base drilling fluid" means drilling fluid which does not exceed toxicity limits specified for amounts in excessdischarges by the environmental protection entity having jurisdiction over the Operating Area. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility be responsible for (including control and removal hold harmless and indemnify Contractor and its suppliers, contractors and subcontractors of the pollutant involved) and shall protect, defend and save the Contractor harmless from and any tier against all claims, demands, and causes of action of every kind and character (including control and removal of the pollutant involved) arising directly or indirectly from all pollution or contamination (including radioactive contamination), other than that described in sub-clause (aParagraph 905(a) above, which may occur from any cause including negligence of Contractor including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use of or disposition of radioactive sources, lost circulation and fish recovery materials and fluids, oil emulsion, oil base or chemically treated drilling fluidsfluids and attendant cuttings, contaminated cuttings or caving, lost circulation and fish recovery materials and drilling fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million other than "normal water base drilling fluid" defined in Paragraph 905(a) above. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, Operator for whom such party is performing work, work is held to be legally liable liable, the responsibility therefor shall be considered considered, as between the Contractor and Operator, to be the same as if the party for whom the work was performed and all of had performed the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as set forth in (a) and (b) above, shall be specifically applied.”same

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall be as follows:or (a) The Contractor shall assume all responsibility be responsible for cleaning up and controlling hold harmless and indemnify Operator for control and removal of pollution or contamination which originates above the surface of the water from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballast, bilge and garbage wholly in Contractor's ’s possession and control and directly associated with Contractor's ’s equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after . For purposes hereof the Operator shall indemnify and hold harmless Contractor term “normal water base drilling fluid” means drilling fluid which does not exceed toxicity limits specified for amounts in excessoffshore discharges by the environmental protection entity having jurisdiction over the Operating Area. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility be responsible for (including control and removal of the pollutant involved) hold harmless and shall protectindemnify Contractor and its suppliers, defend and save the Contractor harmless from and contractorsand subcontractorsofany tier against all claims, demands, and causes of action of every kind and character (including control and removal of the pollutant involved) arising directly or indirectly from all pollution or contaminationcontamination (including radioactivecontamination), other than that described thanthatdescribed in sub-clause (aParagraph 905(a) above, which may whichmay occur from any cause including negligence of Contractor including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use of or disposition of radioactive sources, lost circulation and fish recovery materials and fluids, oil emulsion, oil base or chemically treated drilling fluidsfluids and attendant cuttings, contaminated cuttings or caving, lost circulation and fish recovery materials and drilling fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million other than “normal water base drilling fluid” defined in Paragraph 905(a) above. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, Operator for whom such party is performing work, work is held to be legally liable liable, the responsibility therefor shall be considered considered, as between the Contractor and Operator, to be the same as if the party for whom the work was performed had performed the same and all of the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as limitations set forth in (aParagraphs 905(a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, except the provisions of Paragraphs 10 and 12, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or and contamination shall be as follows: (a) The Unless otherwise provided herein, Contractor shall assume all responsibility for cleaning up for, including control and controlling removal of, and shall protect, defend and indemnify Operator from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination contamination, which originates above the surface of the land or water from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballastballast , bilge and garbage garbage, except unavoidable pollution from reserve pits, wholly in Contractor's possession and control and directly associated associate with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility for (for, including control and removal of the pollutant involved) of, and shall protect, defend and save the indemnify Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising directly or indirectly from all other pollution or contamination, other than that described in sub-clause (a) above, contamination which may occur from any cause including negligence during the conduct of Contractor operations hereunder, including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use or disposition of all drilling fluids, including, but not limited to, oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or cavingcavings, lost circulation and fish recovery materials and fluids provided however, Contractor's sole fluids. Operator shall release Contactor of any liability under this sub-clause is to reimburse Operator US Dollars One Million for the foregoing. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in In pollution or contamination for which either the Contractor or Operator, for whom such party is performing work, is held to be legally liable liable, the responsibility therefor therefore shall be considered considered, as between the Contractor and Operator, to be the same as if the party for whom the work was performed had performed the same and all of the obligations respecting defense indemnityprotection, holding harmless defense, indemnity and limitation of responsibility and liability liability, as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall at all times be as follows: (a) The Contractor shall assume all responsibility be responsible for cleaning up and controlling hold harmless and indemnify Operator for control and removal of pollution or contamination which originates above the surface of the water from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballast, bilge and garbage wholly in Contractor's ’s possession and control and directly associated with Contractor's ’s equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after . For purposes hereof the Operator shall indemnify and hold harmless Contractor term “ normal water base drilling fluid” means drilling fluid which does not exceed toxicity limits specified for amounts in excessoffshore discharges by the environmental protection entity having jurisdiction over the Operating Area. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility be responsible for (including control and removal hold harmless and indemnify Contractor and its suppliers, contractors and subcontractors of the pollutant involved) and shall protect, defend and save the Contractor harmless from and any tier against all claims, demands, and causes of action of every kind and character (including control and removal of the pollutant involved) arising directly or indirectly from all pollution or contamination (including radioactive contamination), other than that described in sub-clause (aParagraph 905(a) above, which may occur from any cause including negligence of Contractor including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use of or disposition of radioactive sources, lost circulation and fish recovery materials and fluids, oil emulsion, oil base or chemically treated drilling fluidsfluids and attendant cuttings, contaminated cuttings or caving, lost circulation and fish recovery materials and drilling fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million other than “ normal water base drilling fluid” defined in Paragraph 905(a) above. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, Operator for whom such party is performing work, work is held to be legally liable liable, the responsibility therefor shall be considered considered, as between the Contractor and Operator, to be the same as if the party for whom the work was performed had performed the same and all of the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as limitations set forth in (aParagraphs 905(a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, except the provisions of Sections 10, 11 and 12, it is understood and agreed by and between the Contractor and Operator Zion that the responsibility for pollution or and contamination shall be as follows: (a) The Contractor shall assume all responsibility for cleaning up for, including control and controlling removal of, and protect, defend and save harmless Zion from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination contamination, which originates above the surface of the land or water from spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttingsfluid, pipe dope, paints paints, solvents, ballast, bilge and garbage garbage, except unavoidable pollution from reserve pits, wholly in Contractor's possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator Zion shall assume all responsibility for (for, including control and removal of the pollutant involved) of, and shall protect, defend defend, indemnify and save the Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising directly or indirectly from all other pollution or contamination, other than that described in sub-clause (a) above, contamination which may occur from any cause during the conduct of operations hereunder, including negligence of Contractor but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as as, the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings cutting or cavingcavings, lost circulation and fish recovery materials and fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million fluids. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or OperatorZion, for whom such party is performing work, is held to be legally liable liable, the responsibility therefor therefore shall be considered considered, as between the Contractor and OperatorZion, to be the same as if the party for whom the work was performed had performed the same and all of the obligations respecting defense defense, indemnity, holding harmless and limitation of responsibility and liability liability, as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood the Parties understand and agreed by and between the Contractor and Operator agree that the responsibility for pollution or contamination shall be as follows: (a) The Subject to Company's compliance with its obligations under Section 5.12, Contractor shall assume be responsible for and hold harmless, defend and indemnify Company against, all responsibility for cleaning up claims, demands, and controlling causes of action of every kind and character (including control and cleanup of the pollutant involved) arising directly or indirectly from all pollution or contamination which that originates above the surface of the ground or water and solely from improper care or disposition of items wholly in Contractor's possession and control and directly associated with the Workover Equipment, including, without limitation, spills or of fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints paints, solvents, ballast, bilge and garbage wholly in Contractor's possession and control and directly associated with Contractor's equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excessgarbage. (b) Except as otherwise provided in article 14.7(a), Operator shall assume all responsibility Company be responsible for (including control and removal of the pollutant involved) and shall protecthold harmless, defend and save the indemnify Contractor harmless from and against all claims, demands, and causes of action of every kind and character (including control and removal of the pollutant involved) arising directly, or indirectly, from all pollution or contamination, other than that described in sub-clause (a) abovefor which Contractor is responsible pursuant to Section 9.5(a), which may occur from any cause including negligence of Contractor including, but not limited to, that which may result from fire, blowoutblow-out, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use or disposition of lost circulation and fish recovery materials and fluids, oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or caving, lost circulation and fish recovery materials and fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million carvings. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, Company for whom such third party is performing work, work is held to be legally liable liable, the responsibility therefor shall be considered considered, as between the Contractor and OperatorCompany, to be the same as if the party Party for whom the work was performed had performed the same and all of the obligations respecting defense indemnity, holding harmless and limitation of responsibility and liability as limitations set forth in (aSections 9.5(a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between the Contractor and Operator that the responsibility for pollution or contamination shall be as follows: (a) The Contractor shall assume all responsibility for (including cleaning up and controlling containment) of all pollution or contamination which originates above the surface from improper care or disposition of the water from spills or fuels, lubricants, motor oils, normal water base drilling fluid and attendant cuttings, pipe dope, paints solvents, ballast, bilge and garbage wholly items in Contractor's ’s possession and control and directly associated with Contractor's equipment ’s Items and facilitiesfacilities and shall protect, provideddefend, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after indemnify and save the Operator shall indemnify harmless from and hold harmless Contractor for amounts in excessagainst all claims, demands, and causes of action of every kind and character arising thereform. (b) Except Excluding matters for which Contractor is responsible as otherwise provided in article 14.7(a)per (a) above, Operator shall assume all responsibility for (including control and removal of the pollutant involved) and shall protect, defend defend, indemnify and save the Contractor harmless from and against all claims, demands, and causes of action of every kind and character arising directly or indirectly from all pollution or contamination, other than that described in sub-clause (a) above, which may occur from any cause including the negligence of Contractor or otherwise during the term of this Contract or as a result of operations hereunder, including, but not limited to, that which may result from fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substancessubstance, as well as the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or cavingcavings, lost circulation and fish recovery materials and fluids provided however, Contractor's sole liability under this sub-clause is to reimburse Operator US Dollars One Million fluids. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Operator, Operator for whom such party Party is performing work, work is held to be legally liable liable, the responsibility therefor therefore shall be considered considered, as between the Contractor and Operator, to be the same as if the party Party for whom the work was performed had performed the same and all of the obligations respecting defense defense, indemnity, holding harmless and limitation of responsibility and liability liability, as set forth in (a) and (b) above, shall be specifically applied.”

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, except the provisions of Subparagraph 5.10 and Paragraph 6.0, it is understood and agreed by and between the Contractor CONTRACTOR and Operator CUSTOMER that the responsibility for pollution or and contamination shall be as follows: (a) The Contractor Unless otherwise provided herein, CONTRACTOR shall assume all responsibility for, including cost, control and removal of, and shall protect, defend and indemnify CUSTOMER GROUP from and against all claims, penalties, demands and causes of action of every kind and character, except for cleaning up and controlling those claims resulting form or caused by the gross negligence or willful acts or omissions of CUSTOMER GROUP, arising from pollution or contamination contamination, which originates above the surface of the land or water from spills or of CONTRACTOR GROUP’S products, fuels, lubricants, motor oils, normal water base drilling fluid and attendant wire cuttings, pipe dope, paints paints, solvents, ballast, bilge and garbage garbage, except unavoidable pollution from pits, which are wholly and only in Contractor's CONTRACTOR GROUP’S possession and control and directly associated with Contractor's CONTRACTOR’S GROUP’S equipment and facilities, provided, however, Contractor's liability shall be limited to US Dollars One Million (US$ 1 Million) where after the Operator shall indemnify and hold harmless Contractor for amounts in excess. (b) Except as otherwise provided in article 14.7(a), Operator CUSTOMER shall assume all responsibility for (for, including cost, control and removal of the pollutant involved) of, and shall protect, defend and save the Contractor harmless indemnify CONTRACTOR GROUP from and against all claims, penalties, demands, and causes of action of every kind and character character, except for those claims resulting form or caused by the gross negligence or willful acts or omissions of CONTRACTOR GROUP, arising directly or indirectly from all other pollution or contamination, other than that described contamination not referred to in sub-clause (aSubparagraph 5.11(a) aboveabove herein, which may occur from any cause including negligence during the conduct of Contractor operations hereunder, including, but not limited to, that which may result from contamination in anyway connected with slush, pit breakage, and seepage, fire, blowout, cratering, seepage of or any other uncontrolled flow of oilsoil, gas, water or other substances, substance as well as the use or disposition of all drilling fluids, including, but not limited to, oil emulsion, oil base or chemically treated drilling fluids, contaminated cuttings or cavingcavings, lost circulation and fish recovery materials and fluids provided however, Contractor's sole fluids. CUSTOMER shall release CONTRACTOR GROUP of any liability under this sub-clause is to reimburse Operator US Dollars One Million for the foregoing. (US$ 1 Millionc) of cost paid/incurred by Operator in control of the pollutant, clean up costs, or damage to a third party, provided said pollution results from contractor's sole negligence. In the event a third party commits an act or of omission which results in pollution or contamination for which either the Contractor CONTRACTOR or OperatorCUSTOMER, for whom such party Party is performing work, is held to be legally liable liable, the responsibility therefor therefore shall be considered considered, as between the Contractor CONTRACTOR and OperatorCUSTOMER, to be the same as if the party Party for whom the work was performed had performed the same and all of the obligations respecting defense indemnityprotection, holding harmless defense, indemnity and limitation of responsibility and liability liability, as set forth in (a) and (b) above, shall be specifically applied.”