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Pollution Mitigation Sample Clauses

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipment, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or HECO or others. Failing such action by Seller or its agents, HECO, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by HECO, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to HECO to discontinue said measures (and to the extent government authorities allow HECO to discontinue said measures) the continuance of HECO’s actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party in good faith shall provide written notice to the other. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and HECO and shall not affect, as between Seller and HECO, any liability of Seller to any third parties, including the State of Hawaii and the U.S. Government, if Seller shall have such liability.
Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipment, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or Hawaiian Electric or others. Failing such action by Seller or its agents, Hawaiian Electric, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each Party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by Hawaiian Electric, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to Hawaiian Electric to discontinue said measures (and to the extent government authorities allow Hawaiian Electric to discontinue said measures) the continuance of Hawaiian Electric’s actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each Party in good faith shall provide written notice to the other of such actions and measures taken. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and Hawaiian Electric and shall not affect, as between Seller and Hawaiian Electric, any liability that either Seller or Hawaiian Electric shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.
Pollution Mitigation. When a release, escape or discharge of petroleum product (including the Cargo transported pursuant to this Contract) or any other hazardous substance into the surrounding environment occurs from the Tug or the Barge at any time, or from the Vessels during Carrier's period of responsibility or while such petroleum product or other hazardous substance is in Carrier's care, custody and control, or is otherwise caused by the Vessels or Carrier's personnel, Carrier is obligated and agrees to immediately take, at its sole expense, whatever measures are necessary to retrieve and/or remove such petroleum product or other hazardous substance from the environment, clean up and restore the affected environment and assume and respond to every loss, damage, expense, claim, liability, suit, fine, penalty and/or other consequence of any type or nature, whether involving Carrier, Shipper or others, arising out of or relating to such release, escape or discharge. Carrier shall immediately inform Shipper of any such release, escape or discharge, of measures taken in response as well as any loss, damage, expense, claim, liability, suit, fine, penalty and other consequence arising therefrom. No Vessel, tankermen or other charges will be incurred for Shipper's account with respect to such release, escape or discharge.
Pollution Mitigation. (a) When an escape or discharge of Product, oil or any polluting substance occurs in connection with or is caused by Chevron’s or its agent’s vessel or occurs from or is caused by discharging operations, Chevron or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the negligence or willful misconduct of Chevron’s equipment or Chevron or Hawaiian Electric or others. Failing such action Chevron or its agents, Hawaiian Electric, on Chevron’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Chevron as soon as practicable thereafter of such actions. Each Party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. (b) [...] (c) Notwithstanding any other provision in this Agreement, the foregoing provisions shall be applicable only between Chevron and Hawaiian Electric and shall not affect, as between Chevron and Hawaiian Electric, any liability that either Chevron or Hawaiian Electric shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.
Pollution MitigationThe City will address pollution strategies as outlined in the mitigation section of the grant application, ensuring compliance with all applicable environmental regulations and best practices.
Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s or its agent's vessel or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the negligence or willful misconduct of Seller’s equipment or Seller or Hawaiian Electric or others. Failing such action by Seller or its agents, Hawaiian Electric, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each Party shall, in good faith, keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. (b) The cost of all such measures taken shall be borne by Seller unless as otherwise provided in this Contract, and prompt reimbursement shall be made as appropriate. (c) Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and Hawaiian Electric and shall not affect, as between Seller and Hawaiian Electric, any liability that either Seller or Hawaiian Electric shall have to any third parties, including the State of Hawai‘i and the U.S. Government, if either Party shall have such liability.
Pollution MitigationSection 22.1 In the event an escape or discharge of oil or jet occurs from any barge or vessel carrying oil or jet related to this Contract and causes or threatens to cause pollution damage, Buyer or carrier will promptly take whatever measures are necessary to prevent or mitigate such damage. Buyer hereby authorizes Seller, or its agent, at Seller's option, upon notice to Buyer or master on the tug, to undertake such measures as are reasonably necessary to prevent or mitigate the pollution damage. Seller or its agent shall keep Buyer advised of the nature and results of any such measures taken and, if time permits, intended to be taken. Any of the aforementioned measures shall be at Buyer's sole expense (except to the extent that such escape or discharge was caused by the negligence or willful action of Seller or its agent), provided that if Buyer considers said measures should be discontinued, Buyer shall so notify Seller or its agent and thereafter Seller or its agent shall have no right to continue said measures at Buyer's authority or expense except as provided in Section 18.
Pollution Mitigation. 43 XXIII. MISCELLANEOUS.............................
Pollution MitigationIn the event an escape or discharge of oil occurs from HECO's vessels and causes or threatens to cause pollution damage, HECO or HECO's vessel's Master will promptly take whatever measures are necessary to prevent or mitigate such damage. HECO hereby authorizes Chevron, or its agent, at Chevron's option, upon notice to HECO or HECO's vessel's Master, to undertake such measures as are reasonably necessary to prevent or mitigate the pollution damage. Chevron or its agent shall keep HECO advised of the nature and results of any such measures intended to be taken. Any of the aforementioned measures shall be at HECO's expense (except to the extent that such escape or discharge was caused by Chevron or its agent), provided that if HECO considers said measures should be discontinued, HECO shall so notify Chevron or its agent and thereafter Chevron or its agent shall have no right to continue said measures at HECO's expense; however such notification shall not affect any liability of HECO to any third parties, including, but not limited to, governments.
Pollution Mitigation