Common use of Accidental Escape Clause in Contracts

Accidental Escape. (a) Contractor shall save, indemnify, defend and hold Customer and each Customer Indemnified Party harmless from and against any and all Damages (whether based on applicable Law, contract, equitable cause or otherwise) that may be imposed on, incurred by, or asserted against Customer or any Customer Indemnified Party arising out of, attributable to or in connection with pollution emanating from the Vessel (or its equipment), including spills or leaks of fuel, lubricants, oils, paints, solvents, ballasts, bilge, garbage, or sewerage, Regardless of Cause. (b) Customer shall save, indemnify, defend and hold Contractor and each Contractor Indemnified Party harmless from and against any and all Damages (whether based on applicable Law, contract, equitable cause or otherwise) that may be imposed on, incurred by, or asserted against any Contractor or any Contractor Indemnified Party arising out of, attributable to or in connection with ​ ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). ​ pollution in connection with this Agreement and the performance of the Parties’ obligations hereunder other than as provided under Clause 18.4(a) above, including any spills or leaks of fuel, lubricants, oils, paints, solvents, ballasts, bilge, garbage, sewerage, or from any other equipment or materials in the possession or control of any Customer Indemnified Party, Regardless of Cause. (c) Nothing in this Clause 18.4 shall prejudice any right of recourse of either Party, or any defences or rights to limit liability under any applicable Law. (d) The rights of Contractor and Customer under this Clause 18.4 shall extend to and include an indemnity in respect of any reasonable legal costs and/or other reasonable costs and expenses incurred by or awarded against them in respect of any claim made or any proceedings instituted against them in respect of any liability hereunder, including any criminal fine or civil penalty, irrespective of whether any such liability is actually incurred or imposed.

Accidental Escape. ​ (a) Contractor Owner shall save, indemnify, defend and hold Customer Charterer and each Customer Charterer Indemnified Party harmless from and against any and all Damages (whether based on applicable Law, contract, equitable cause or otherwise) that may be imposed on, incurred by, or asserted against Customer Charterer or any Customer Charterer Indemnified Party arising out of, attributable to or in connection with pollution emanating from the Vessel (or its equipment), including spills or leaks of fuel, lubricants, oils, paints, solvents, ballasts, bilge, garbage, or sewerage, Regardless of Cause.; and (b) Customer Charterer shall save, indemnify, defend and hold Contractor Owner and each Contractor Owner Indemnified Party harmless from and against any and all Damages (whether based on applicable Law, contract, equitable cause or otherwise) that may be imposed on, incurred by, or asserted against any Contractor Owner or any Contractor Owner Indemnified Party arising out of, attributable to or in connection with ​ ​ SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). ​ pollution in connection with this Agreement Charter and the performance of the Parties’ Parties obligations hereunder other than as provided under Clause 18.4(a31.4(a) above, including any spills or leaks of fuel, lubricants, oils, paints, solvents, ballasts, bilge, garbage, sewerage, or from any other equipment or materials in the possession or control of any Customer Charterer Indemnified Party, Regardless of Cause. (c) Nothing in this Clause 18.4 clause shall prejudice any right of recourse of either Party, or any defences or rights to limit liability under any applicable Law. (d) The rights of Contractor Owner and Customer Charterer under this Clause 18.4 clause shall extend to and include an indemnity in respect of any reasonable legal costs and/or other reasonable costs and expenses incurred by or awarded against them in respect of any claim made or any proceedings instituted against them in respect of any liability hereunder, including any criminal fine or civil penalty, irrespective of whether any such liability is actually incurred or imposed.