Common use of Pollution Indemnification Clause in Contracts

Pollution Indemnification. Contractor agrees to indemnify, hold harmless, and upon request, defend Exelon Parties from any claim, liability, damage, expense, suit, or demand (including reasonable attorneys’ fees and court costs) for damage, harm, loss or injury of any kind arising directly or indirectly out of actual or alleged contamination, pollution, exposure to any harmful substance, or public or private nuisance, including any request, demand or order that the Exelon Parties test for, monitor, clean up, contain, remove, treat or in any way respond to the existence or threat of any such contamination, pollution, harmful substance or nuisance, arising out of or in any manner related to, based upon, or in connection with, any operations, performance, breach, course or scope of work, act, omission, or presence upon, use, or other encountering of any property, facilities, personnel, vehicles, equipment, or operations of Exelon Parties or others by or involving Contractor or any Subcontractor or any of their employees, agents, representatives, facilities, materials, equipment, or Subcontractors, in any connection with this Agreement or a Purchase Order.

Pollution Indemnification. Contractor agrees to indemnify, hold harmless, and upon request, defend Exelon Buyer Parties from any third party claim, liability, damage, expense, suit, or demand (including reasonable attorneys’ fees and court costs) for damage, harm, loss or injury of any kind arising directly or indirectly out of actual or alleged contamination, pollution, exposure to any harmful substance, or public or private nuisance, including any request, demand or order that the Exelon Buyer Parties test for, monitor, clean up, contain, remove, treat or in any way respond to the existence or threat of any such contamination, pollution, harmful substance or nuisance, arising out of or in any manner related to, based upon, or in connection with, any operations, performance, breach, course or scope of work, act, omission, or presence upon, use, or other encountering of any property, facilities, personnel, vehicles, equipment, or operations of Exelon Buyer Parties or others by or involving Contractor or any Subcontractor or any of their employees, agents, representatives, facilities, materials, equipment, or Subcontractors, in any connection with this Agreement these Terms and Conditions or a Purchase Order.