Common use of Pollution Mitigation Clause in Contracts

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 vessel and their 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 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.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLERSeller’s or its agent’s 's vessel or occurs from or is caused by discharging operations, SELLER Seller or vessel and their 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 SELLERSeller’s equipment, equipment or SELLER Seller or HECO the Companies or others. Failing such action by SELLER Seller or its agents, HECOthe Companies, on SELLERSeller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify SELLER 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.

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 's vessel or occurs from or is caused by discharging operations, SELLER or vessel and their 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 HECO the Companies or others. Failing such action by SELLER or its agents, HECOthe Companies, 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.

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 's vessel or occurs from or is caused by discharging operations, SELLER or vessel and their 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, equipment or SELLER or HECO the Companies or others. Failing such action by SELLER or its agents, HECOthe Companies, 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.