Shipper’s Liability and Indemnification Sample Clauses
The Shipper’s Liability and Indemnification clause defines the shipper’s responsibility for any losses, damages, or claims arising from their actions or omissions during the shipping process. Typically, this clause requires the shipper to compensate or protect the carrier and other parties from legal or financial consequences caused by the shipper’s negligence, improper packaging, or failure to comply with regulations. Its core function is to allocate risk by ensuring that the party best positioned to prevent certain harms—the shipper—bears the associated liabilities, thereby protecting carriers and third parties from undue exposure.
Shipper’s Liability and Indemnification. Shipper shall be in control and possession of Shipper’s Gas until delivered to LMM at the Receipt Point(s) and following its delivery by LMM at the Delivery Point(s), and shall be fully responsible and liable for any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, regulatory penalty, pollution, or contamination relating to Shipper’s Gas while in Shipper’s control and possession, and Shipper agrees to release, indemnify and defend LMM with respect thereto. Shipper further agrees to release, indemnify and defend LMM from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from (i) personal injury, death, property damage, environmental damage, regulatory penalty, pollution, or contamination relating to Shipper’s ownership and/or operation of the facilities delivering Gas to the Receipt Point(s), (ii) personal injury, death, property damage, environmental damage, regulatory penalty, pollution or contamination arising (a) from the construction, installation, operation, maintenance or existence, known or unknown, of any lines, pipes or pipelines connected to the Gathering System as of the Effective Date hereof which deliver Shipper’s Gas to a third party end user, or (b) the movement, delivery or use of Gas from such facilities and/or (iii) Shipper’s performance of its obligations under this Agreement.
Shipper’s Liability and Indemnification. ▇▇▇▇▇▇▇ shall be in control and possession of ▇▇▇▇▇▇▇’s Gas until delivered to ▇▇▇▇▇▇▇▇ at the Receipt Point(s) and following its delivery by ▇▇▇▇▇▇▇▇ at the Delivery Point(s), and shall be fully responsible and liable for any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, pollution, or contamination relating to ▇▇▇▇▇▇▇’s Gas while in ▇▇▇▇▇▇▇’s control and possession, and ▇▇▇▇▇▇▇ agrees to release, indemnify and defend ▇▇▇▇▇▇▇▇ with respect thereto. ▇▇▇▇▇▇▇ further agrees to release, indemnify and defend ▇▇▇▇▇▇▇▇ from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, pollution, or contamination relating to ▇▇▇▇▇▇▇’s ownership and/or operation of the facilities delivering Gas to the Receipt Point(s) and/or ▇▇▇▇▇▇▇’s performance or nonperformance of its obligations under this Agreement.
Shipper’s Liability and Indemnification i. Shipper shall be in control and possession of the Product until delivered to Carrier at the Origin and following delivery of the Product by Carrier at the Destination, and shall be fully responsible and liable for any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, pollution, or contamination relating to the Product while in Shipper’s control and possession, and Shipper agrees to release, indemnify and defend Carrier with respect thereto. Shipper further agrees to release, indemnify and defend Carrier from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, pollution, or contamination relating to Shipper’s performance or nonperformance of its obligations under this Agreement.
ii. Shipper represents and warrants to Carrier that it has the full right and authority to execute, deliver and perform its obligations and duties in this Agreement. Shipper further represents and warrants to Carrier that the execution, delivery and performance by Shipper of this Agreement does not and will not conflict with or result in any breach or contravention of, or the creation of any lien or other encumbrance under, any contractual obligation to which Shipper is a party or to which the Product are subject. Shipper agrees to release, indemnify and defend Carrier from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from any breach of the foregoing representations and warranties. Shipper agrees and acknowledges that such representations and warranties shall survive the execution of this Agreement and shall remain in full force and effect for the entire term of this Agreement and shall expire thereafter.
Shipper’s Liability and Indemnification. Shipper shall be in control and possession of Shipper’s Gas until delivered to LMM at the Receipt Point(s) and following its delivery by LMM at the Delivery Point(s), and shall be fully responsible and liable for any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, regulatory penalty, pollution, or contamination relating to Shipper’s Gas while in Shipper’s control and possession, and Shipper agrees to release, indemnify and defend LMM with respect thereto. Shipper further agrees to release, indemnify and defend LMM from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from (i) personal injury, death, property damage, environmental damage, regulatory penalty, pollution, or contamination relating to Shipper’s ownership and/or operation of the facilities delivering Gas to the Receipt Point(s), (ii) personal injury, death, property damage, environmental damage, regulatory penalty, pollution or contamination arising (a) from the construction, installation, operation, maintenance or existence, known or unknown, of any lines, pipes or pipelines connected to the Gathering System as of the Effective Date hereof which deliver Shipper’s Gas to a third party end user, or (b) the movement, delivery or use of Gas from such facilities and/or (iii) Shipper’s performance of its obligations under this Agreement. I.2 LMM’s Liability and Indemnification. LMM shall be in control and possession of Shipper’s Gas from the time delivered to LMM at the Receipt Point(s) until it is delivered by LMM at the Delivery Point(s), and shall be fully responsible and liable for any and all damages, claims, actions, expenses, penalties and liabilities, including attorneys fees, arising from personal injury, death, property damage, environmental damage, regulatory penalty, pollution or contamination relating to Shipper’s Gas while in LMM’s control and possession, and LMM agrees to release, indemnify and defend Shipper with respect thereto. LMM further agrees to release, indemnify and defend Shipper from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from (i) personal injury, death, property damage, environmental damage, pollution or contamination relating to LMM’s ownership and/or operation of the Gathering System and/or (ii)...
Shipper’s Liability and Indemnification. Subject to the lost and unaccounted-for quantities set forth in Section 6.4 of Article VI of this Agreement, Shipper shall be in control and possession of Shipper’s Gas until delivered to Gatherer at the Point of Receipt and following its delivery by Gatherer at the Point of Delivery, and shall be fully responsible for and shall RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS the Gatherer Group against any and all Liabilities for claims for personal injury, death, property damage and Environmental Liabilities relating to Shipper’s Gas while in Shipper’s control and possession, except to the extent attributable to the negligence, gross negligence or willful misconduct of any member of Gatherer Group. Shipper further agrees to RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS Gatherer Group from and against any and all Liabilities arising from claims for personal injury, death, property damage and Environmental Liabilities relating to Shipper’s ownership and/or operation of the facilities delivering Gas to the Point of Receipt and/or Shipper’s performance or nonperformance of its obligations under this Agreement, except to the extent attributable to the negligence, gross negligence or willful misconduct of any member of Gatherer Group.