Spills; Environmental Pollution. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of the Pipeline, any clean-up resulting from any such spill or discharge and any liability resulting from such spill or discharge shall be the responsibility of Carrier, except to the extent such spill or discharge is caused by Company.
(b) In the event and to the extent of any Commodity spill or other environmentally polluting discharge caused by Company or in connection with the operation of Company’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities on Company’s behalf, at its request or for its benefit, Carrier is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier or as required by any Governmental Authority, and Carrier shall notify Company of such operations as soon as practicable. All liability and reasonable costs of containment or clean-up shall be borne by Company except that, in the event a spill or discharge is caused by the joint negligence of both Carrier and Company or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities on Company’s behalf, at its request or for its benefit, liability and costs of containment or clean-up shall be borne jointly by Carrier and Company in proportion to each Party’s respective negligence.
(c) For purposes of this Section 12.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities on Company’s behalf, at its request or for its benefit shall be attributed to Company.
(d) The Parties shall cooperate for the purpose of obtaining reimbursement if a third party is legally responsible for costs or expenses initially borne by Carrier or Company.
Spills; Environmental Pollution. In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of a Terminal, any clean-up associated with any such spill or discharge and any liability resulting from such spill or discharge, shall be the responsibility of Carrier, except to the extent such spill or discharge is caused by Company or its affiliates other than Carrier.
Spills; Environmental Pollution. In the event any spill or discharge occurs from any nominated vessel, vehicle, pipeline, or tank utilized by SELLER in the performance of this Contract, or if any spill, discharge, or pollution damage is caused by or is threatened in connection with the loading, transportation or Delivery of Product by SELLER, then all regulatory notifications and filings, as well as all efforts and costs of containment and clean up shall be the sole responsibility of SELLER, except to the extent that such spill, discharge, or pollution damage is directly attributable to the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment or willful misconduct of HECO, in which case HECO shall then participate in the efforts and costs of containment and cleanup. Nothing contained herein shall be construed to limit the claims SELLER or HECO may have against the vessel or its owners, charters, operators or insurers with respect to any spill, discharge or pollution damage.
Spills; Environmental Pollution. In the event of any Product spill or discharge or other environmental pollution caused by or in connection with Hawaii Electric Light’s delivery or receiving operations, prior to the time that Chevron has obtained custody of the Product or after Hawaii Electric Light has received product and regained custody of product in accordance with Article IX (Title, Custody and Risk of Loss) of this Agreement, Chevron may commence containment or clean-up operations as deemed appropriate or necessary by Chevron or required by any Governmental Authorities and shall notify Hawaii Electric Light immediately of such operations. Except to the extent such spill or discharge caused by or in connection with Hawaii Electric Light’s delivery or receiving operations (where Chevron does not have custody of the Product) is the result of Chevron’s negligence or willful misconduct or Chevron’s failure to use Good Industry Practice or comply with applicable Law, all reasonable costs of containment or clean-up shall be borne by Hawaii Electric Light. In the event of any Product spill or discharge or other environment pollution caused by or in connection with Chevron’s storage and transfer operations at the Chevron Facility or while Chevron has custody of the Product in accordance with Article X (Title, Custody and Risk of Loss), Chevron shall commence containment or clean-up operations as deemed appropriate or necessary by Chevron or required by any Governmental Authorities and shall notify Hawaii Electric Light immediately of such operations. In the event of any Product spill or discharge or other environmental pollution caused by or in connection with Chevron’s storage and transfer operations at the Chevron Facility or any other time after Chevron has obtained custody of the Product in accordance with Article X of this Agreement, all reasonable costs or clean-up shall be borne by Chevron, except to the extent such spill or discharge caused by or in connection with Chevron’s storage or transfer operations at the Chevron Facility is the result of Hawaii Electric Light’s gross negligence or willful misconduct. In the event a third party is legally liable for costs and expenses borne by Chevron or Hawaii Electric Light under this Section, either Party shall reasonably cooperate with the other for the purpose of obtaining reimbursement.
Spills; Environmental Pollution. In the event any spill or discharge occurs from any nominated vessel, truck or pipeline, utilized by Seller in the performance of this Contract, or if any spill, discharge, or pollution damage is caused by or is threatened in connection with the loading, transportation or Delivery of Fuel by Seller, then all regulatory notifications and filings, as well as all efforts and costs of containment and clean up shall be the sole responsibility of Seller, except to the extent that such spill, discharge, or pollution damage is directly attributable to the sole negligence, gross negligence, comparative negligence, or willful misconduct of the Companies in which case the Companies shall then participate in the efforts and costs of containment and cleanup.
Spills; Environmental Pollution. In the event of any Product spill or discharge or other environmental pollution, Operator shall commence containment or clean-up operations and shall notify Customer immediately of such operations if such impacts or arises out of the services performed under this Agreement. All costs of containment or clean-up shall be borne by Operator, unless such spill or discharge referred to in this Section 22 is the result of Customer's negligence, in which case Customer shall reimburse promptly Operator for all costs of containment or clean-up as a result of Customer's negligence. In the event a third party is legally liable for costs and expenses borne by Customer under this Section 22, Operator shall cooperate with Customer for the purpose of obtaining reimbursement.
Spills; Environmental Pollution. In the event any spill or discharge occurs from any vehicle, tank or Seller pipeline utilized in the performance of this Contract, or if any spill, discharge, or pollution damage is caused by or is threatened in connection with the loading, transportation or delivery of Biodiesel, then all regulatory notifications and filings, as well as all efforts and costs of containment and clean up shall be the sole responsibility of Seller, except to the extent that such spill, discharge, or pollution damage is directly attributable to the sole negligence, gross negligence, comparative negligence, or willful misconduct of HECO in which case HECO shall then participate in the efforts and costs of containment and cleanup.
Spills; Environmental Pollution. In the event any spill or discharge occurs from any of Seller’s nominated vessel, Seller’s pipeline, or Seller’s tank utilized in the performance of this Contract, or if any spill, discharge, or pollution damage is caused by or is threatened in connection with the loading, transportation or Delivery of Fuel by Seller, then all regulatory notifications and filings, as well as all efforts and costs of containment and clean up shall be the sole responsibility of Seller, except to the extent that such spill, discharge, or pollution damage is directly attributable to the sole negligence, gross negligence, comparative negligence, or willful misconduct of Hawaiian Electric in which case Hawaiian Electric shall then participate in the efforts and costs of containment and cleanup.
Spills; Environmental Pollution. (a) In the event of a Crude Oil spill or other environmentally polluting discharge caused by Carrier’s operation of the Pipeline, any clean-up resulting from any such spill or discharge and any liability resulting from such spill or discharge shall be the responsibility of Carrier, except to the extent such spill or discharge is caused by Company.
(b) In the event and to the extent of a Crude Oil spill or other environmentally polluting discharge caused by Company or in connection with the operation of Company’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Crude Oil on Company’s behalf, at its request or for its benefit, Carrier is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier or as required by any Governmental Authority, and Carrier shall notify Company of such operations as soon as practicable. All liability and reasonable costs of containment or clean-up shall be borne by Company except that, in the event a spill or discharge is caused by the joint negligence of both Carrier and Company or a third party’s pipeline, barge, tank truck or transport trailer receiving Crude Oil on Company’s behalf, at its request or for its benefit, liability and costs of containment or clean-up shall be borne jointly by Carrier and Company in proportion to each Party’s respective negligence.
Spills; Environmental Pollution. (a) In the event of any Product spill or other environmentally polluting discharge caused by Company’s operation of the Terminal, any clean-up resulting from any such spill or discharge and any liability resulting from such spill or discharge, shall be the responsibility of Company, except to the extent such spill or discharge is caused by Customer or a third party receiving Products on Customer’s behalf, at its request or for its benefit.
(b) In the event and to the extent of any Product spill or other environmentally polluting discharge caused by Customer or in connection with Customer or a third party receiving Products on Customer’s behalf, at its request or for its benefit, Company is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Company or as required by any Governmental Authority, and Company shall notify Customer of such operations as soon as reasonably practicable. All liability and reasonable costs of containment or clean-up shall be borne by Customer except that, in the event a spill or discharge is caused by the joint negligence of both Company and Customer or a third party receiving Products on Customer’s behalf, at its request or for its benefit, liability and costs of containment or clean-up shall be borne jointly by Company and Customer in proportion to each Party’s respective negligence.
(c) For purposes of this Section 16.01, the negligence of a third party receiving Products on Customer’s behalf, at its request or for its benefit, shall be attributed to Customer.
(d) The Parties shall cooperate for the purpose of obtaining reimbursement if a third party is legally responsible for costs or expenses initially borne by Company or Customer.
