Pollution or Contamination Sample Clauses
Pollution or Contamination. Notwithstanding anything to the contrary contained herein, except the provisions of Paragraphs 10 and 12, it is understood and agreed by and between Contractor and Operator that the responsibility for pollution or contamination shall be as follows:
(a) Contractor shall assume all responsibility for, including control and 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, which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, 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.
(b) Operator shall assume all responsibility for, including control and removal of, and shall protect, defend and indemnify Contractor and its suppliers, contractors and subcontractors of any tier 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 which may occur during the conduct of operations hereunder, including, but not limited to, that which may result from fire, blowout, cratering, seepage or any other uncontrolled flow of oil, gas, water or other 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 cavings, lost circulation and fish recovery materials and fluids. Operator shall release Contractor and its suppliers, contractors and subcontractors of any tier of any liability for the foregoing.
(c) In the event a third party commits an act or omission which results in pollution or contamination for which either Contractor or Operator, for whom such party is performing work, is held to be legally liable, the responsibility therefor shall be considered, as between 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 protection, defense, indemnity and limitation of responsibility and liability, as set forth in (a) and (b) above, shall be specifically applied.
Pollution or Contamination. Subject to Section 16.5 and to the parties’ obligations pursuant to Sections 16.2 and 16.3, it is understood and agreed by and between Contractor and Company that the responsibility for pollution or contamination shall be as follows:
A. Contractor shall assume all responsibility for, including control and removal of, and shall defend; shall release, discharge, and relinquish; and shall indemnify, protect and hold harmless Company Group from and against all Claims arising from pollution or contamination, which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, cleaning solutions, other liquids, fumes and garbage, except unavoidable pollution from reserve pits, and which is in any manner associated with, resulting from or caused by Contractor Group’s equipment, goods, or services.
B. Company shall assume all responsibility for, including control and removal of, and shall defend; shall release, discharge, and relinquish; and shall indemnify, protect and hold harmless Contractor Group from and against all Claims arising from pollution or contamination other than that described in Section 16.4.A, which may occur during the conduct of operations hereunder, including, but not limited to, that which may result from fire, blowout, cratering, seepage or any other uncontrolled flow of oil, gas, water or other 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 and cavings, lost circulation and fish recovery materials and fluids.
Pollution or Contamination. 15 PART IV: LAW OF THE CONTRACT
Pollution or Contamination a. Any loss arising from pollution or contamination except (unless otherwise excluded) destruction of or damage to the property insured caused by
i. Pollution or contamination which itself results from a peril insured against
ii. Any peril insured against which itself results from a pollution or contamination
b. Any liability in connection with disposed or dumped waste materials or substances
Pollution or Contamination damages, loss, cost or expense arising out of or in any way related to any:
Pollution or Contamination. OPERATOR shall assume all liability for and defend, indemnify, hold CONTRACTOR harmless from any loss or damage arising from pollution or contamination except if caused by CONTRACTOR's gross or willful negligence, including but not limited to that which may result from (1) blowout, fire, cratering, or any other uncontrolled flow of oil, gas or water during the conduct of operations hereunder and (2) the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, well cuttings, and cavings, lost circulation and fishing operations, recovery of materials and fluids, as well as the furnishing of transportation for and disposition of such materials when required, and then in such event CONTRACTOR will be liable for up to $1,000,000 in such pollution damages (the limit of CONTRACTOR's insurance). Contractor shall assume liability for spills of pipe dope, greases, solvents, or other similar surface materials under its control. OPERATOR acknowledges that CONTRACTOR currently maintains $1,000,000 of insurance coverage for pollution and contamination liability. OPERATOR shall have the right to require CONTRACTOR to carry additional insurance for pollution and contamination liability, provided that OPERATOR shall be responsible of the costs of such additional insurance.
Pollution or Contamination. Notwithstanding anything to the contrary contained in this Contract, except the provisions of Articles 31, 45.8, 45.9 and 47, it is understood and agreed by and between Contractor and Operator that the responsibility for pollution or contamination shall be as follows:
45.11.1. Contractor shall assume all responsibility and liability for, including control and removal of, and shall release, protect, defend and indemnify Operator Group from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination that originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution of or from reserve pits, wholly in Contractor Group’s or Contractor’s Personnel’s possession and control and directly associated with Contractor’s Equipment and facilities.
45.11.2. Operator shall assume all responsibility and liability for, including control and removal of, and shall release, protect, defend and indemnify Contractor Group and each of their equipment manufacturers, suppliers, contractors and subcontractors of any tier 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 Article 45.11.1 above, including, but not limited to, that which may result from fire, blowout, cratering, seepage or any flow of oil, gas, water or other substance, or the use or disposition of drilling and completion fluids (including oil emulsion, oil base or chemically treated fluids), contaminated cuttings or cavings, lost circulation and fish recovery materials and fluids.
Pollution or Contamination. We do not cover any loss caused by the discharge, dispersal, seepage, migration, or release or escape of pollutants from any source at any time. Nor do we cover the cost to extract pollutants from land or water, or the cost to remove, restore or replace polluted or contaminated land or water. A pollutant is any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be disposed of, recycled, reconditioned or reclaimed. A contaminant is an impurity resulting from the mixture of or contact of a substance with a foreign substance.
Pollution or Contamination. OPERATOR shall assume all liability for and defend, indemnify, hold CONTRACTOR harmless from any loss or damage arising from pollution or contamination except if caused by Contractor's gross negligence or willful misconduct, including but not limited to that which may result from (1) blowout, fire, cratering, seepage, or any other uncontrolled flow of oil, gas or water during the conduct of operations hereunder and (2) the use or disposition of oil emulsion, oil base or chemically treated drilling fluids, well cuttings, and cavings, lost circulation and fishing operations, recovery of materials and fluids, as well as the furnishing of transportation for and disposition of such materials when required. CONTRACTOR shall assume liability for surface spills of pipe dope, greases, solvents, or other similar surface materials under its control.
Pollution or Contamination. The Other Party shall be solely liable for and defend, indemnify, release and hold Wintershall Group free and harmless from and against loss or damage or expense (including all court costs, fines, penalties and legal counsel fees) arising from pollution or contamination which emanates from equipment, materials or vessels under the Other Party Group's direct or indirect control, including but not limited to fuels, lubricants, motor oils, pipe dope, drilling fluids, paints and garbage, and the Other Party shall immediately control and remove such pollution or contamination. In the event of the Other Party's failure to remove such pollution and contamination then any and all costs or expense reasonably incurred by Wintershall in controlling or removing such pollution or contamination shall be charged to the Other Party.