Common use of Use of Newmont Equipment Clause in Contracts

Use of Newmont Equipment. If Newmont authorizes Supplier to use any of Newmont’s equipment in the performance of the Services, the terms and conditions of this Section 7.3 shall govern such use. Supplier shall designate in writing those individuals authorized to use Newmont's equipment to perform the Services (the "Permitted Operators"). The list of Permitted Operators shall be subject to Newmont’s approval. The Permitted Operators shall be authorized to use only that equipment specifically designated in writing by Newmont for use by the Permitted Operators ("Newmont's Equipment") and only for the purpose of performing the Services. The Permitted Operators shall comply with all restrictions on use of Newmont's Equipment as may be imposed from time to time by Newmont. Prior to use of Newmont's Equipment, Supplier shall ensure that (1) each Permitted Operator has received hazard, health, and safety training commensurate with the risks to be encountered in using Newmont's Equipment, and (2) if required by Newmont, each Permitted Operator has received additional training from Newmont's personnel in the safe and proper operation of Newmont's Equipment. Supplier shall be solely responsible and liable for all damage to Newmont's Equipment incurred during or caused by use of Newmont's Equipment by Permitted Operators. When required by Newmont, Supplier shall perform maintenance work on Newmont's Equipment in compliance and conformity with the manufacturer's and Newmont's maintenance standards, intervals, and procedures. Supplier shall be solely responsible and liable for any damage to Newmont's Equipment caused by Supplier's failure to perform required maintenance work. Prior to any use of Newmont's Equipment, Supplier shall provide evidence satisfactory to Newmont that Supplier's insurance policies as required by this Agreement specifically (a) extend to injury, damage, or loss caused by Supplier's use of Newmont's Equipment, and (b) cover the full replacement value in the event of damage to Newmont's Equipment. Supplier assumes all risk of and responsibility for any losses (including injury to or death of any person), settlements, judgments, awards, damages, costs, and other liabilities (including legal costs and reasonable attorneys’ fees) (“Losses”) caused by Supplier's use of Newmont's Equipment. Supplier discharges and releases Newmont, its affiliates, and their respective officers, directors, employees, and agents (“Newmont Parties”) from any and all any and all claims, suits, and other actions (“Claims”) and Losses, of any nature whatsoever, relating to Supplier’s use of Newmont’s Equipment. Supplier covenants that Supplier shall not at any time in the future, directly or indirectly, commence or prosecute any Claim against any Newmont Party in any way related to Supplier’s use of Newmont’s Equipment.