Common use of Spills; Environmental Pollution Clause in Contracts

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. (a) In the event of any Commodity Crude Oil spill or other environmentally polluting discharge caused by Carrier’s Holdings’ operation of the PipelineTerminal, any clean-up resulting from associated with any such spill or discharge and any liability resulting from such spill or discharge discharge, shall be the responsibility of CarrierHoldings, except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Holdings. (b) In the event and to the extent of any Commodity 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 its affiliates other than Holdings receiving Commodities Crude Oil on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings 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 Holdings and Company in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0113.01, the negligence of a third party pipelinerail car owner or rail car operator, barge, tank truck or transport trailer receiving Commodities delivering Crude Oil on Company’s behalf, at its request or for its benefit 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 Holdings or Company; provided, however, that Company shall be responsible and agrees to replace or repair, at its own expense (or to reimburse Holdings for Holding’s costs to replace or repair), any part of the Terminal that is destroyed or damaged through any negligence or willful misconduct of Company, any Company designee or contractor (acting in such capacity), or any of their respective agents or employees.

Spills; Environmental Pollution. (a) In the event of any Commodity Crude Oil spill or other environmentally polluting discharge caused by Carrier’s Holdings’ operation of the PipelineTerminal, any clean-up resulting from associated with any such spill or discharge and any liability resulting from such spill or discharge discharge, shall be the responsibility of CarrierHoldings, except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Holdings. (b) In the event and to the extent of any Commodity 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 its affiliates other than Holdings receiving Commodities Crude Oil on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings 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 Holdings and Company in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0113.01, the negligence of a third party pipelinerail car owner or rail car operator, barge, tank truck or transport trailer receiving Commodities delivering Crude Oil on Company’s behalf, at its request or for its benefit 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 Holdings or Company; provided, however, that Company shall be responsible and agrees to replace or repair, at its own expense (or to reimburse Holdings for Holding’s costs to replace or repair), -C 14- any part of the Terminal that is destroyed or damaged through any negligence or willful misconduct of Company, any Company designee or contractor (acting in such capacity), or any of their respective agents or employees.

Spills; Environmental Pollution. (a) In the event of any Commodity Product 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 CompanyShipper or in connection with Shipper or a third party receiving Products on Shipper’s behalf, at its request or for its benefit. (b) In the event and to the extent of any Commodity Product spill or other environmentally polluting discharge caused by Company Shipper or in connection with the operation of Company’s Shipper or a third party’s pipeline, barge, tank truck or transport trailer party receiving Commodities Products on CompanyShipper’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 Shipper of such operations as soon as practicable. All liability and reasonable costs of containment or clean-up shall be borne by Company Shipper except that, in the event a spill or discharge is caused by the joint negligence of both Carrier and Company Shipper or a third party’s pipeline, barge, tank truck or transport trailer party receiving Commodities Products on CompanyShipper’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 Shipper in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0113.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities Products on CompanyShipper’s behalf, at its request or for its benefit shall be attributed to CompanyShipper. (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 CompanyShipper.

Spills; Environmental Pollution. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of a Terminal or the PipelineHartford Dock, any clean-up resulting from associated with any such spill or discharge and any liability resulting from such spill or discharge 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 TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). 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 12.0116.01, 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 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. (a) In the event of any Commodity Product spill or other environmentally polluting discharge caused by Carrier’s operation of the PipelinePipelines, 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, its Affiliates, or any of their respective agents or employees. (b) In the event and to the extent of any Commodity Product spill or other environmentally polluting discharge caused by Company Company, its Affiliates, or any of their respective agents or employees US-DOCS\70615498.10 or in connection with the operation of Company’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities or delivering Product 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 (i) Carrier and (ii) Company or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities or delivering Product 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 12.0113.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities or delivering Product 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; provided, however, that Company shall be responsible and agrees to replace or repair, at its own expense (or to reimburse Carrier for Carrier’s costs to replace or repair), any part of the Pipelines that is destroyed or damaged solely through any negligence or willful misconduct of Company, any Company designee or contractor (acting in such capacity), or any of their respective agents or employees. In the event that any part of the Pipelines is destroyed or damaged due to the joint negligence or joint willful misconduct of Carrier and Company, the Parties shall each be responsible for damages proportionate to its share in the negligence or willful misconduct. (e) During the term of this Agreement, both Parties agree to notify the other as soon as reasonably practical, but in no event later than twenty-four (24) hours of the occurrence of any accident, spill, incident or violation which directly involves Company’s Product handled by Carrier. Both Parties agree to provide reasonable assistance in reviewing the circumstances of the accident, spill, incident or violation. Qualifying events include but are not limited to: (i) Any Significant event that involves Company’s Product; (ii) Any incident involving Company’s Product that attracts, or could attract media attention; (iii) Any quantity of Company’s Product spilled into water; (iv) Any quantity of Company’s Product greater than 100 Barrels spilled into non-water; and US-DOCS\70615498.10 (v) Any Significant and unintended release of Product or gas to atmosphere.

Spills; Environmental Pollution. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of the PipelineTanks, 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, Carrier except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Carrier. (b) In the event and to the extent of any Commodity spill or other environmentally polluting discharge caused by Company or its affiliates other than Carrier 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 party 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 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. (a) In the event of any Commodity NGL spill or other environmentally polluting discharge caused by Carrier’s Holdings’ operation of the PipelineMedford Spheres, 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, Holdings except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Holdings. (b) In the event and to the extent of any Commodity NGL spill or other environmentally polluting discharge caused by Company or its affiliates other than Holdings or in connection with the operation of Company’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities NGLs on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings and Company or a third party’s party pipeline, barge, tank truck or transport trailer receiving Commodities NGLs 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 Holdings and Company in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0111.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities NGLs on Company’s behalf, at its request or for its benefit 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 Holdings or Company.

Spills; Environmental Pollution. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of the PipelineTanks, 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, Carrier except to the extent such spill or discharge is caused by CompanyWRB or its affiliates (other than Carrier) or WRB’s Operator. (b) In the event and to the extent of any Commodity Commodities spill or other environmentally polluting discharge caused by Company WRB or its affiliates (other than Carrier) or WRB’s Operator or in connection with the operation of CompanyWRB’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities on CompanyWRB’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 WRB of such operations as soon as practicable. All liability and reasonable costs of containment or clean-up shall be borne by Company WRB except that, in the event a spill or discharge is caused by the joint negligence of both Carrier and Company WRB or a third party’s party pipeline, barge, tank truck or transport trailer receiving Commodities on CompanyWRB’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 WRB in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0113.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities on CompanyWRB’s behalf, at its request or for its benefit benefit, shall be attributed to CompanyWRB. (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 CompanyWRB.

Spills; Environmental Pollution. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of the PipelineTanks, 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, Carrier except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Carrier. (b) In the event and to the extent of any Commodity spill or other environmentally polluting discharge caused by Company or its affiliates other than Carrier 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 TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). negligence of both Carrier and Company or a third party’s party 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 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. (a) In the event of any Commodity Crude Oil spill or other environmentally polluting discharge caused by Carrier’s Holdings’ operation of the Pipelinea Terminal or a Dock, any clean-up resulting from any associated with such spill or discharge and any liability resulting from such spill or discharge discharge, shall be the responsibility of CarrierHoldings, except to the extent such spill or discharge is caused by Company. (b) In the event and to the extent of any Commodity 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, bargevessel, tank truck or transport trailer receiving Commodities Crude Oil on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings and Company or a third party’s party pipeline, bargevessel, tank truck or transport trailer receiving Commodities 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 Holdings and Company in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0117.01, 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 benefit, shall be attributed to Company. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (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 Holdings or Company.

Spills; Environmental Pollution. (a) In the event of any Commodity NGL spill or other environmentally polluting discharge caused by CarrierHoldings’s operation of the PipelineMedford Spheres, 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, Holdings except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Holdings. (b) In the event and to the extent of any Commodity NGL spill or other environmentally polluting discharge caused by Company or its affiliates other than Holdings or in connection with the operation of Company’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities NGLs on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings and Company or a third party’s party pipeline, barge, tank truck or transport trailer receiving Commodities NGLs 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 Holdings and Company in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0111.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities NGLs on Company’s behalf, at its request or for its benefit benefit, shall be attributed to Company. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (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 Holdings or Company.

Spills; Environmental Pollution. (a) In the event of any Commodity Crude Oil spill or other environmentally polluting discharge caused by Carrier’s Holdings’ operation of the Pipelinea Terminal or a Dock, any clean-up resulting from associated with any such spill or discharge and any liability resulting from such spill or discharge shall be the responsibility of CarrierHoldings, except to the extent such spill or discharge is caused by Company. (b) In the event and to the extent of any Commodity 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, bargevessel, tank truck or transport trailer receiving Commodities Crude Oil on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings and Company or a third party’s party pipeline, bargevessel, tank truck or transport trailer receiving Commodities 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 Holdings and Company in proportion to each Party’s respective negligence. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (c) For purposes of this Section 12.0116.01, 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 Holdings or Company.

Spills; Environmental Pollution. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of the Pipelinea Terminal, any clean-up resulting from associated with any such spill or discharge and any liability resulting from such spill or discharge discharge, shall be the responsibility of Carrier, except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Carrier. (b) In the event and to the extent of any Commodity spill or other environmentally polluting discharge caused by Company or its affiliates other than Carrier 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 TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). 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 12.0116.01, 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 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. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of a Terminal or the PipelineHartford Dock, any clean-up resulting from any associated with such spill or discharge and any liability resulting from such spill or discharge discharge, shall be the responsibility of Carrier, except to the extent such spill or discharge is caused by Company. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (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 12.0116.01, 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 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. (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 CompanyCompany or its affiliates other than Carrier. (b) In the event and to the extent of any Commodity spill or other environmentally polluting discharge caused by Company or its affiliates other than Carrier 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. (a) In the event of any Commodity spill or other environmentally polluting discharge caused by Carrier’s operation of a Terminal or the PipelineHartford Dock, any clean-up resulting from associated with any such spill or discharge and any liability resulting from such spill or discharge 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 12.0116.01, 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 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. (a) In the event of any Commodity 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 any Commodity 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 Commodities 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 Commodities 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. (c) For purposes of this Section 12.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities Crude Oil 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. (a) In the event of any Commodity NGL spill or other environmentally polluting discharge caused by Carrier’s Holdings’ operation of the PipelineMedford Spheres, 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, Holdings except to the extent such spill or discharge is caused by CompanyCompany or its affiliates other than Holdings. (b) In the event and to the extent of any Commodity NGL spill or other environmentally polluting discharge caused by Company or its affiliates other than Holdings or in connection with the operation of Company’s or a third party’s pipeline, barge, tank truck or transport trailer receiving Commodities NGLs on Company’s behalf, at its request or for its benefit, Carrier Holdings is authorized to commence containment or clean-up operations as deemed appropriate or necessary by Carrier Holdings or as required by any Governmental Authority, and Carrier Holdings 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 Holdings and Company or a third party’s party pipeline, barge, tank truck or transport trailer receiving Commodities NGLs 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 Holdings and Company in proportion to each Party’s respective negligence. (c) For purposes of this Section 12.0111.01, the negligence of a third party pipeline, barge, tank truck or transport trailer receiving Commodities NGLs on Company’s behalf, at its request or for its benefit 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.