CUSTOMER Caused Sample Clauses

CUSTOMER Caused. This section is intended to apply only to the situation where the environmental pollution is caused solely by the acts or omissions of CUSTOMER. In the event any product spill (including oxygenate blending substances) or other environmentally polluting discharge or fugitive emissions is caused by CUSTOMER, it’s employees, contractors (including without limitation third-party truck drivers), agents, authorized representatives or business invitees at the Terminal, SFPP shall commence containment and/or clean-up operations, as deemed necessary or appropriate in SFPP's sole judgment, or as required by any governmental authorities. SFPP shall promptly notify CUSTOMER of such operations. CUSTOMER may, at CUSTOMER's option, either assume the containment and/or clean-up operation, under direction of SFPP, or allow SFPP to complete such operations. In either event, SFPP shall, at its option, have the right to participate in all containment and/or clean-up operations. All costs of containment and/or clean-up for such spill or discharge, including but not limited to emergency response activities, sampling, excavation, investigation, disposal, required carbon filter changeouts, and costs, fines or penalties associated with the spill or discharge shall be borne by CUSTOMER. Any resulting liability for such spills or discharges shall be the sole responsibility of CUSTOMER. CUSTOMER's United States Environmental Protection Agency Generator's Identification Number shall be used for all operations associated with containment and/or cleanup for which such identification number is required by law. Official notification of appropriate agencies, as required by law, shall be CUSTOMER's responsibility. CUSTOMER shall promptly give SFPP notice of all agencies notified, upon completion of notification and shall fully indemnify SFPP for any failure to make such notification. CUSTOMER agrees that it will allow only its employees, contractors, agents, or authorized representatives on the Terminal property, and/to the extent that CUSTOMER does allow contractors, agents, authorized representatives or business invitees on the Terminal property CUSTOMER shall be responsible as provided in this section 12.1 as if said agents, authorized representatives or business invitees were employees of CUSTOMER. The customers of CUSTOMER or carriers of customers of CUSTOMER shall not be considered agents, authorized representatives or business invitees of CUSTOMER.