Common use of Pollution Mitigation Clause in Contracts

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipment, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or HECO or others. Failing such action by Seller or its agents, HECO, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by HECO, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to HECO to discontinue said measures (and to the extent government authorities allow HECO to discontinue said measures) the continuance of HECO’s actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party in good faith shall provide written notice to the other. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and HECO and shall not affect, as between Seller and HECO, any liability of Seller to any third parties, including the State of Hawaii and the U.S. Government, if Seller shall have such liability.

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipmentBUYER's Nominated Barge or its tow, or occurs from or is caused by discharging loading operations, Seller BUYER or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment BUYER's Nominated Barge or Seller SELLER or HECO BUYER or others. Failing such action by Seller BUYER or its agents, HECOSELLER, on Seller’s BUYER's behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller BUYER as soon as practicable thereafter of such actions. Each party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller BUYER except to the extent such escape or discharge was caused or contributed to by HECOSELLER, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller BUYER or its agents give notice to HECO SELLER to discontinue said measures (and to the extent government authorities allow HECO SELLER to discontinue said measures) the continuance of HECO’s SELLER's actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party in good faith shall provide written notice to the otherother pursuant to Section 15.2 or as otherwise provided in writing from time to time during the term of this Contract. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller BUYER and HECO SELLER and shall not affect, as between Seller BUYER and HECOSELLER, any liability of Seller BUYER to any third parties, including the State of Hawaii and the U.S. Government, if Seller BUYER shall have such liability.

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipment, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or HECO the Companies or others. Failing such action by Seller or its agents, HECOthe Companies, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each party Party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by HECOthe Companies, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to HECO the Companies to discontinue said measures (and to the extent government authorities allow HECO the Companies to discontinue said measures) the continuance of HECO’s the Companies’ ’ actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party Party in good faith shall provide written notice to the otherother of such actions and measures taken. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and HECO the Companies and shall not affect, as between Seller and HECOthe Companies, any liability of that either Seller or the Companies shall have to any third parties, including the State of Hawaii and the U.S. Government, if Seller either Party shall have such liability.

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipment, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or HECO Hawaiian Electric or others. Failing such action by Seller or its agents, HECOHawaiian Electric, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each party Party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by HECOHawaiian Electric, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to HECO Hawaiian Electric to discontinue said measures (and to the extent government authorities allow HECO Hawaiian Electric to discontinue said measures) the continuance of HECOHawaiian Electric’s actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party Party in good faith shall provide written notice to the otherother of such actions and measures taken. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and HECO Hawaiian Electric and shall not affect, as between Seller and HECOHawaiian Electric, any liability of that either Seller or Hawaiian Electric shall have to any third parties, including the State of Hawaii Hawaiʻi and the U.S. Government, if Seller either Party shall have such liability.

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipmentvessel, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or HECO Hawaiian Electric or others. Failing such action by Seller or its agents, HECOHawaiian Electric, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each party Party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by HECOHawaiian Electric, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to HECO Hawaiian Electric to discontinue said measures (and to the extent government authorities allow HECO Hawaiian Electric to discontinue said measures) the continuance of HECOHawaiian Electric’s actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party Party in good faith shall provide written notice to the otherother of such actions and measures taken. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and HECO Hawaiian Electric and shall not affect, as between Seller and HECOHawaiian Electric, any liability of that either Seller or Hawaiian Electric shall have to any third parties, including the State of Hawaii and the U.S. Government, if Seller either Party shall have such liability.

Pollution Mitigation. When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by Seller’s equipment, or occurs from or is caused by discharging operations, Seller or its agents shall promptly take whatever measures are necessary or reasonable to prevent or mitigate environmental damage, without regard to whether or not said escape or discharge was caused by the gross negligence or willful misconduct of Seller’s equipment or Seller or HECO Hawaiian Electric or others. Failing such action by Seller or its agents, HECOHawaiian Electric, on Seller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Seller as soon as practicable thereafter of such actions. Each party Party in good faith shall keep the other advised of the nature and results of the measures taken, and if time permits, the nature of the measures intended to be taken. The cost of all such measures taken shall be borne by Seller except to the extent such escape or discharge was caused or contributed to by HECOHawaiian Electric, and prompt reimbursement shall be made as appropriate; provided, however, that should Seller or its agents give notice to HECO Hawaiian Electric to discontinue said measures (and to the extent government authorities allow HECO Hawaiian Electric to discontinue said measures) the continuance of HECOHawaiian Electric’s actions will no longer be deemed to have been taken pursuant to the provisions of this clause. Each party Party in good faith shall provide written notice to the otherother of such actions and measures taken. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between Seller and HECO Hawaiian Electric and shall not affect, as between Seller and HECOHawaiian Electric, any liability of that either Seller or Hawaiian Electric shall have to any third parties, including the State of Hawaii and the U.S. Government, if Seller either Party shall have such liability.