Common use of Custody of Fresh Water Clause in Contracts

Custody of Fresh Water. As among the Parties, Producer shall be in custody, control and possession of Fresh Water after such Fresh Water is made available as or as part of the Frac Water at the Frac Water Delivery Points and shall be in custody, control, and possession of Fresh Water that it delivers to the Impoundment Facilities as contemplated in Section 3.4 until such Fresh Water is delivered to the Impoundment Facilities. As among the Parties, Service Provider shall be in custody, control and possession of all Fresh Water in the Fresh Water Facilities at all other times. Subject to Section 4.4, Section 14.1(b), and Section 14.2(b), the Party having custody and control of Fresh Water under the terms of this Agreement shall be responsible for, and shall defend, indemnify, release and hold the other Party and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature for anything that may happen or arise with respect to such Fresh Water when such Fresh Water is in its custody and control, including losses resulting from any negligent acts or omissions of any indemnified party, but excluding any losses to the extent caused by or arising out of the negligence, gross negligence, or willful misconduct of the indemnified party.

Custody of Fresh Water. As among the Parties, Producer shall be in custody, control and possession of (a) raw Fresh Water taken from the Take Points until such Fresh Water is taken into the Fresh Water Facilities at the Take Points and (b) Fresh Water after such Fresh Water is made available as or as part of the Frac Water at the Frac Water Delivery Points and shall be in custody, control, and possession of Fresh Water that it delivers to the Impoundment Facilities as contemplated in Section 3.4 until such Fresh Water is delivered to the Impoundment FacilitiesFresh Water Delivery Points. As among the Parties, Service Provider Antero Water shall be in custody, control and possession of all Fresh Water in the Fresh Water Facilities or in any trucks used by Antero Water (or its subcontractors) to perform the Fresh Water Services hereunder at all other times. Subject to Except as otherwise provided in Section 4.4, Section 14.1(b), and Section 14.2(b16.2(a)(iii), the Party having custody and control of Fresh Water under the terms of this Agreement Section 17.1 shall be responsible for, and shall defend, indemnify, release and hold the other Party and its respective Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature for anything that may happen or arise with respect to such Fresh Water when such Fresh Water is in its custody and control, including claims and losses resulting from any negligent acts or omissions of any indemnified party, but excluding any all claims and losses to the extent caused by or arising out of the negligence, gross negligence, negligence or willful misconduct of the indemnified party.

Custody of Fresh Water. As among the Parties, Producer shall be in custody, control and possession of (i) raw Fresh Water until such Fresh Water is taken into the Fresh Water Facilities at the Take Points and (ii) Fresh Water after such Fresh Water is made available as or as part of the Frac Water at the Frac Water Delivery Points and shall be in custody, control, and possession of Fresh Water that it delivers to the Impoundment Facilities as contemplated in Section 3.4 until such Fresh Water is delivered to the Impoundment FacilitiesFresh Water Delivery Points. As among the Parties, Service Provider Antero Water shall be in custody, control and possession of all Fresh Water in the Fresh Water Facilities at all other times. Subject to Except as otherwise provided in Section 4.4, Section 14.1(b), and Section 14.2(b16.2(a)(iii), the Party having custody and control of Fresh Water under the terms of this Agreement shall be responsible for, and shall defend, indemnify, release and hold the other Party and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature for anything that may happen or arise with respect to such Fresh Water when such Fresh Water is in its custody and control, including claims and losses resulting from any negligent acts or omissions of any indemnified party, but excluding any all claims and losses to the extent caused by or arising out of the negligence, gross negligence, negligence or willful misconduct of the indemnified party.

Custody of Fresh Water. As among the Parties, Producer shall be in custody, control and possession of (i) raw Fresh Water taken from the Take Points until such Fresh Water is taken into the Fresh Water Facilities at the Take Points and (ii) Fresh Water after such Fresh Water is made available as or as part of the Frac Water at the Frac Water Delivery Points and shall be in custody, control, and possession of Fresh Water that it delivers to the Impoundment Facilities as contemplated in Section 3.4 until such Fresh Water is delivered to the Impoundment FacilitiesFresh Water Delivery Points. As among the Parties, Service Provider Antero Water shall be in custody, control and possession of all Fresh Water in the Fresh Water Facilities at all other times. Subject to Except as otherwise provided in Section 4.4, Section 14.1(b), and Section 14.2(b16.2(a)(iii), the Party having custody and control of Fresh Water under the terms of this Agreement shall be responsible for, and shall defend, indemnify, release and hold the other Party and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature for anything that may happen or arise with respect to such Fresh Water 45 when such Fresh Water is in its custody and control, including claims and losses resulting from any negligent acts or omissions of any indemnified party, but excluding any all claims and losses to the extent caused by or arising out of the negligence, gross negligence, negligence or willful misconduct of the indemnified party.

Custody of Fresh Water. As among the Parties, Producer shall be in custody, control and possession of (i) raw Fresh Water taken from the Take Points until such Fresh Water is taken into the Fresh Water Facilities at the Take Points and (ii) Fresh Water after such Fresh Water is made available as or as part of the Frac Water at the Frac Water Delivery Points and shall be in custody, control, and possession of Fresh Water that it delivers to the Impoundment Facilities as contemplated in Section 3.4 until such Fresh Water is delivered to the Impoundment FacilitiesFresh Water Delivery Points. As among the Parties, Service Provider Antero Water shall be in custody, control and possession of all Fresh Water in the Fresh Water Facilities at all other times. Subject to Except as otherwise provided in Section 4.4, Section 14.1(b), and Section 14.2(b16.2(a)(iii), the Party having custody and control of Fresh Water under the terms of this Agreement shall be responsible for, and shall defend, indemnify, release and hold the other Party and its Affiliates, directors, officers, employees, agents, consultants, representatives, and invitees harmless from and against, all claims and losses of whatever kind and nature for anything that may happen or arise with respect to such Fresh Water 44 when such Fresh Water is in its custody and control, including claims and losses resulting from any negligent acts or omissions of any indemnified party, but excluding any all claims and losses to the extent caused by or arising out of the negligence, gross negligence, negligence or willful misconduct of the indemnified party.