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, 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 OR ANY THIRD PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINES, 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 expenseexpense unless compelled by regulatory authorities to continue said measures. 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 OR ANY THIRD PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINESOTHER LIABILITIES, FINES AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTION.

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.