Common use of Pollution and Contamination Clause in Contracts

Pollution and Contamination. Notwithstanding anything to the contrary contained herein, the responsibility for pollution or contamination shall be as follows: (a) Contractor shall be responsible for and hold harmless and indemnify Company for control and removal of pollution or contamination which originates above the surface of the ground, including, without limitation, from spills of fuels, lubricants, motor oils, water base drilling fluid and attendant cuttings, pipe dope, paints, solvents, ballast, bilge and garbage in Contractor’s possession and control. (b) Company shall be responsible for and hold harmless and indemnify Contractor against all claims, demands, and causes of action of every kind and character (including control and removal of the pollutant involved) arising directly from all pollution or contamination, other than that described in Paragraph 9.6 (a), which may occur from any other reason than the negligence of Contractor or as a result of operations hereunder, including, but not limited to, that which may result from fire, blow-out, cratering, seepage or any other uncontrolled flow of oil, gas, water or other substance, 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 other than water base drilling fluid. (c) In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Company for whom such Party is performing work is held to be legally liable, the responsibility therefore shall be considered, as between the Contractor and Company, to be the same as if the Party for whom the work was performed had performed the same and all of the obligations and limitations set forth in Paragraphs 9.6 (a) and (b), shall be specifically applied.

Appears in 3 contracts

Samples: Master Drilling Agreement, Master Drilling Agreement (Big Sky Energy Corp), Master Drilling Agreement (Big Sky Energy Corp)

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Pollution and Contamination. Notwithstanding anything to the contrary contained herein, the responsibility for pollution or contamination shall be as follows: (a) Contractor shall be responsible for and hold harmless and indemnify Company Operator for control and removal of pollution or contamination which originates above the surface of the ground, including, without limitation, from spills of fuels, lubricants, motor oils, water base drilling fluid and attendant cuttings, pipe dope, paints, solvents, ballast, bilge and garbage in Contractor’s possession and controlgarbage. (b) Company Operator shall be responsible for and hold harmless and indemnify Contractor against all claims, demands, and causes of action of every kind and character (including control and removal of the pollutant involved) arising directly from all pollution or contamination, other than that described in Paragraph 9.6 9.5 (a), which may occur from any other reason than the negligence of Contractor or as a result of operations hereunder, including, but not limited to, that which may result from fire, blow-out, cratering, seepage or any other uncontrolled flow of oil, gas, water or other substance, 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 other than water base drilling fluid. (c) In the event a third party commits an act or omission which results in pollution or contamination for which either the Contractor or Company Operator for whom such Party is performing work is held to be legally liable, the responsibility therefore therefor shall be considered, as between the Contractor and CompanyOperator, to be the same as if the Party for whom the work was performed had performed the same and all of the obligations and limitations set forth in Paragraphs 9.6 9.5 (a) and (b), shall be specifically applied.

Appears in 1 contract

Samples: Daywork Drilling Contract (Chaparral Resources Inc)

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