Common use of Responsibility For Operations In Reserved Formations Clause in Contracts

Responsibility For Operations In Reserved Formations. Any Party carrying on operations with respect to its Reserved Formations under the preceding Clause shall: be liable to the other Parties in their capacity as Pooled Interest owners of the Pooled Lands for all losses, costs, damages and expenses whatsoever which they may suffer, sustain, pay or incur by reason of any matter or thing arising out of or in any way attributable to or connected with those other operations; and indemnify, defend and save those other Parties harmless from and against all claims, liabilities, actions, causes of action, proceedings, demands, losses, costs, damages and expenses whatsoever which may be brought against or suffered by those other Parties, or which they may suffer, sustain, pay or incur in their capacity as Pooled Interest owners of the Pooled Lands, by reason of any matter or thing arising out of or in any way attributable to or connected with those other operations. Notwithstanding the preceding Subclause (a), there shall be no liability of one Party to another under that Subclause for consequential, indirect, punitive or exemplary damages, including, but not limited to, loss of profits, loss of opportunity, opportunity costs, reservoir or formation damage, the inability to produce Petroleum Substances or a delay in their production, except insofar as the damaged Party is legally determined to be responsible for any such damages suffered by a third party.

Responsibility For Operations In Reserved Formations. Any Party carrying on operations with respect to its Reserved Formations under the preceding Clause shall: be liable to the other Parties in their capacity as Pooled Interest owners of the Pooled Lands for all losses, costs, damages and expenses whatsoever which they may suffer, sustain, pay or incur by reason of any matter or thing arising out of or in any way attributable to or connected with those other operations; and indemnify, defend and save those other Parties harmless from and against all claims, liabilities, actions, causes of action, proceedings, demands, losses, costs, damages and expenses whatsoever which may be brought against or suffered by those other Parties, or which they may suffer, sustain, pay or incur in their capacity as Pooled Interest owners of the Pooled Lands, by reason of any matter or thing arising out of or in any way attributable to or connected with those other operations. Notwithstanding the preceding Subclause (a), there shall be no liability of one Party to another under that Subclause for consequential, indirect, punitive or exemplary damages, including, but not limited to, loss of profits, loss of opportunity, opportunity costs, reservoir or formation damage, the inability to produce Petroleum Substances or a delay in their production, except insofar as the damaged Party is legally determined to be responsible for any such damages suffered by a third party.

Responsibility For Operations In Reserved Formations. Any Party carrying on operations with respect to its Reserved Formations under the preceding Clause shall: be liable to the other Parties in their capacity as Pooled Working Interest owners of the Pooled Joint Lands for all losses, costs, damages and expenses whatsoever which they may suffer, sustain, pay or incur by reason of any matter or thing arising out of or in any way attributable to or connected with those other operations; and indemnify, defend and save those other Parties harmless from and against all claims, liabilities, actions, causes of action, proceedings, demands, losses, costs, damages and expenses whatsoever which may be brought against or suffered by those other Parties, or which they may suffer, sustain, pay or incur in their capacity as Pooled Working Interest owners of the Pooled Joint Lands, by reason of any matter or thing arising out of or in any way attributable to or connected with those other operations. Notwithstanding the preceding Subclause (a), there shall be no liability of one Party to another under that Subclause for consequential, indirect, punitive or exemplary damages, including, but not limited to, loss of profits, loss of opportunity, opportunity costs, reservoir or formation damage, the inability to produce Petroleum Substances or a delay in their production, except insofar as the damaged Party is legally determined to be responsible for any such damages suffered by a third party.