Common use of Pollution Prevention and Responsibility Clause in Contracts

Pollution Prevention and Responsibility. In the event any spill, escape or discharge of Cargo or bunkers occurs or is threatened from the Vessel and causes or threatens to cause pollution damage, the Vessel shall promptly notify Seller and all appropriate Governmental Authorities and shall take all necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer hereby authorizes Seller, upon notice to Buyer, to undertake such measures as Seller deems reasonably necessary to prevent or mitigate the pollution damage. Seller shall keep Buyer advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s time and expense, provided, however, that if Seller caused or contributed to such spill, escape or discharge, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall so notify Seller and thereafter Seller shall have no right to continue said measures at Buyer’s expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TO, AND DOES NOT, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINES, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTION.

Pollution Prevention and Responsibility. In the event any spill, A. When an escape or discharge of Cargo or bunkers product occurs or is threatened from the Terminal, the Terminal will take whatever measures are reasonably necessary to clean up the spill or discharge and to mitigate any pollution damage. If the Terminal does not take adequate measures to clean up and mitigate damage, then the Provided Vessel may, at its option and upon written notice to Terminal, undertake such measures as are reasonable and necessary under the circumstances; and all such reasonably necessary measures so taken will be for the account of Terminal unless, as provided in paragraph B hereof, the spill or discharge is the fault of the Provided Vessel or the Provided Vessel's personnel. The Terminal will comply with and cooperate with all authorized Agencies involved in the remediation of any pollution incident. B. If an escape or discharge of product occurs from the Provided Vessel and causes or threatens to cause pollution damage, the Provided Vessel shall will promptly notify Seller and all appropriate Governmental Authorities and shall take all whatever measures are necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer The Provided Vessel hereby authorizes Sellerthe Terminal, or its nominee at the Terminal's option, upon notice to Buyerthe Provided Vessel, to undertake such measures as Seller deems are reasonably necessary to prevent or mitigate the pollution damage. Seller shall The Provided Vessel will comply with and cooperate with all authorized governmental agencies involved in the remediation of any pollution incident. The Terminal or its nominee will keep Buyer the Provided Vessel advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned above measures shall will be at Buyer’s time and expensethe Provided Vessel's expense with the right to deduct the costs thereof from moneys as set forth in this Agreement (except to the extent that such escape or discharge was caused by the Terminal), provided, however, provided that if Seller caused or contributed to the Provided Vessel reasonably determines such spill, escape or dischargemeasures should be discontinued, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall Provided Vessel will so notify Seller the Terminal or its nominee and thereafter Seller shall the Terminal or its nominee will have no right to continue said such measures at Buyer’s the Provided Vessel's authority or expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TOThe preceding sentence will not affect any liability of the Provided Vessel to the Terminal or third parties, AND DOES NOTincluding but not limited to governments. C. The Provided Vessel will comply with the U.S. Federal Water Pollution Control Act, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTSas amended, DAMAGES33 U.S.C. Sec 1321 et seq., FINESand will have secured and will carry aboard the Provided Vessel a current U.S. Coast Guard Certificate of Financial Responsibility (Water Pollution). D. During the term of this Agreement, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTION.Owner warrants that Owner will comply with all financial capability, responsibility, security or like laws, regulations and other requirements with respect to oil, petroleum products, or other pollution damage applicable to the Provided Vessel emerging, leaving, remaining at or passing through any ports or places or waters in the performance of the Agreement. Owner at its sole risk and expense will make all arrangements by bond,

Pollution Prevention and Responsibility. In the event any spill, escape or discharge of Cargo or bunkers occurs or is threatened from the Vessel and causes or threatens to cause pollution damage, the Vessel shall promptly notify Seller and all appropriate Governmental Authorities and shall take all necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer hereby authorizes Seller, upon notice to Buyer, to undertake such measures as Seller deems reasonably necessary to prevent or mitigate the pollution damage. Seller shall keep Buyer advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s time and expense, provided, however, that if Seller caused or contributed to such spill, escape or discharge, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall so notify Seller and thereafter Seller shall have no right to continue said measures at Buyer’s expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TO, AND DOES NOT, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINES, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTION.

Pollution Prevention and Responsibility. In the event any spill, escape or discharge of Cargo or bunkers occurs or is threatened from the Vessel and causes or threatens to cause pollution damage, the Vessel shall promptly notify Seller and all appropriate Governmental Authorities and shall take all necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer hereby authorizes Seller, upon notice to Buyer, to undertake such measures as Seller deems reasonably necessary to prevent or mitigate the pollution damage. Seller shall keep Buyer advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s time and expense, provided, however, that if Seller caused or contributed to such spill, escape or discharge, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall so notify Seller and thereafter Seller shall have no right to continue said measures at Buyer’s expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TO, AND DOES NOT, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINES, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTIONexpense unless compelled by regulatory authorities to continue said measures.

Pollution Prevention and Responsibility. In the event any spill, A. When an escape or discharge of Cargo or bunkers product occurs or is threatened from the Terminal, the Terminal will take whatever measures are reasonably necessary to clean up the spill or discharge and to mitigate any pollution damage. If the Terminal does not take adequate measures to clean up and mitigate damage, then the Provided Vessel may, at its option and upon written notice to Terminal, undertake such measures as are reasonable and necessary under the circumstances; and all such reasonably necessary measures so taken will be for the account of Terminal unless, as provided in paragraph B hereof, the spill or discharge is the fault of the Provided Vessel or the Provided Vessel's personnel. The Terminal will comply with and cooperate with all authorized Agencies involved in the remediation of any pollution incident. B. If an escape or discharge of product occurs from the Provided Vessel and causes or threatens to cause pollution damage, the Provided Vessel shall will promptly notify Seller and all appropriate Governmental Authorities and shall take all whatever measures are necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer The Provided Vessel hereby authorizes Sellerthe Terminal, or its nominee at the Terminal's option, upon notice to Buyerthe Provided Vessel, to undertake such measures as Seller deems are reasonably necessary to prevent or mitigate the pollution damage. Seller shall The Provided Vessel will comply with and cooperate with all authorized governmental agencies involved in the remediation of any pollution incident. The Terminal or its nominee will keep Buyer the Provided Vessel advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned above measures shall will be at Buyer’s time and expensethe Provided Vessel's expense with the right to deduct the costs thereof from moneys as set forth in this Agreement (except to the extent that such escape or discharge was caused by the Terminal), provided, however, provided that if Seller caused or contributed to the Provided Vessel reasonably determines such spill, escape or dischargemeasures should be discontinued, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall Provided Vessel will so notify Seller the Terminal or its nominee and thereafter Seller shall the Terminal or its nominee will have no right to continue said such measures at Buyer’s the Provided Vessel's authority or expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TOThe preceding sentence will not affect any liability of the Provided Vessel to the Terminal or third parties, AND DOES NOTincluding but not limited to governments. C. The Provided Vessel will comply with the U.S. Federal Water Pollution Control Act, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTSas amended, DAMAGES33 U.S.C. Sec 1321 et seq., FINESand will have secured and will carry aboard the Provided Vessel a current U.S. Coast Guard Certificate of Financial Responsibility (Water Pollution). D. During the term of this Agreement, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTIONOwner warrants that Owner will comply with all financial capability, responsibility, security or like laws, regulations and other requirements with respect to oil, petroleum products, or other pollution damage applicable to the Provided Vessel emerging, leaving, remaining at or passing through any ports or places or waters in the performance of the Agreement. Owner at its sole risk and expense will make all arrangements by bond, insurance or otherwise and obtain all such certificates or other documentary evidence and take all such other action, as may be necessary, to satisfy such laws, regulations and other requirements. Any delay resulting to the Provided Vessel will not count as used laytime or for demurrage and will be at the risk and for the account of the Owner.

Pollution Prevention and Responsibility. For the purpose of this Section F, the meaning of the term "Pollution Damage" shall include, without limitation, all damages which are compensate under the CLC, as well as any applicable U.S. federal, state, or local law, rule, or regulation. In the event any spillan escape, escape release, or discharge of the Cargo or bunkers occurs or is threatened from the Vessel and causes or threatens to cause pollution damagePollution Damage, the Vessel shall and Vessel Owner will promptly notify Seller and all appropriate Governmental Authorities and shall take all whatever measures are necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken damage or contemplated, as promptly as possibleremove the threat. Buyer The Vessel hereby authorizes Sellerthe designated Shore Facilities, or its nominee, upon notice to Buyerthe Vessel, to undertake undertake, at the option of such Shore Facilities, such measures as Seller deems are reasonably necessary to prevent or mitigate the pollution damagePollution Damage or remove the threat. Seller Under such circumstances, the designated Shore Facilities or its nominee shall keep Buyer the Vessel advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s time and expensefor the Vessel's Account, provided, however, provided that if Seller the designated Shore Facilities caused or contributed to such spillescape, escape release, or discharge, the expense of the aforementioned measures shall be borne by Seller the such facilities in proportion to its percentage of negligence in causing or contributing to the spillescape, escape release, or discharge. In If the event Vessel reasonably considers that Buyer wants such said measures should be discontinued, Buyer the Vessel shall so promptly notify Seller the designated Shore Facilities or its nominee in writing and thereafter Seller thereafter, such Shore Facilities or its nominee shall have no right to continue said measures at Buyer’s expensethe Vessel's authority or expense unless directed to do so by a governmental entity, body, or agency having or purporting to have proper jurisdiction over (a) the Vessel or its crew, (b) the clean-up, remediation, mitigation, and/or disposal of any Pollution Damage, or (c) the repair, replacement, or removal of the designated Shore Facilities or any associated equipment being or needing to be undertaken. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TOThis provision shall be applicable only between the Parties and shall not affect any liability of the Vessel to third parties including, AND DOES NOTbut not limited to, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTSany governmental entity, DAMAGESbody, FINESor agency. The Vessel Party will make best efforts to ensure that throughout the Vessel's service under the Agreement, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTIONthe Vessel shall have on board the following certificates: Certificates issued pursuant to the CLC, and pursuant to the 1992 protocols to the CLC, if and as amended, as and when in force; Certificates issued pursuant to Section 1016(a) of OPA, and Section 108(a) of the Comprehensive Environmental Response, Compensation and Liability Xxx 0000, as amended in accordance with Part 138 of Coast Guard Regulations set forth in Title 33, U.S. Code of Federal Regulations; and Certificates issued or required by any state and/or local environmental regulatory agency, authority, or body which has proper jurisdiction over the operation of the designated Shore Facilities. The Vessel Party shall responsible for immediately notifying the Terminal Party of any Marine Incident. In addition to all other reporting requirements the Parties and Vessel may have under the Agreement, all Parties and the Vessel are responsible for promptly notifying NuStar Central Monitoring for each Marine Incident by calling 000-000-0000. This monitoring system has been set up to accept calls twenty-four (24) hours per day, seven (7) days per week.