Common use of Pollution Mitigation Clause in Contracts

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLER’s or its agent’s vessel or occurs from or is caused by discharging operations, SELLER or vessel and their 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 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. (b) 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 the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment or willful misconduct of 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 of such actions and measures taken. (c) 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 that either SELLER or HECO shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLERSeller’s or its agent’s vessel equipment, or occurs from or is caused by discharging operations, SELLER Seller or vessel and their 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 SELLERSeller’s equipment, equipment or SELLER Seller or HECO or others. Failing such action by SELLER Seller or its agents, HECO, on SELLERSeller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify SELLER 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. (b) . The cost of all such measures taken shall be borne by SELLER Seller except to the extent such escape or discharge was caused or contributed to by the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment or willful misconduct of HECO, and prompt reimbursement shall be made as appropriate; provided, however, that should SELLER 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 party in good faith shall provide written notice to the other of such actions and measures taken. (c) other. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between SELLER Seller and HECO and shall not affect, as between SELLER Seller and HECO, any liability that either SELLER or HECO shall have of Seller to any third parties, including the State of Hawaii and the U.S. Government, if either Party Seller shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLERSeller’s or its agent’s 's vessel or occurs from or is caused by discharging operations, SELLER Seller or vessel and their 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 negligence or willful misconduct of SELLERSeller’s equipment, equipment or SELLER Seller or HECO the Companies or others. Failing such action by SELLER Seller or its agents, HECOthe Companies, on SELLERSeller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify SELLER 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. (b) The cost of all such measures taken shall be borne by SELLER Seller except to the extent such escape or discharge was caused or contributed to by the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment negligence or willful misconduct of HECOthe Companies, and prompt reimbursement shall be made as appropriate; provided, however, that should SELLER 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 in good faith shall provide written notice to the other of such actions and measures taken. (c) Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between SELLER Seller and HECO the Companies and shall not affect, as between SELLER Seller and HECOthe Companies, any liability that either SELLER Seller or HECO the Companies shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLERSeller’s or its agent’s vessel or occurs from or is caused by discharging operations, SELLER Seller or vessel and their 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 negligence or willful misconduct of SELLERSeller’s equipment, equipment or SELLER Seller or HECO Hawaiian Electric or others. Failing such action by SELLER Seller or its agents, HECOHawaiian Electric, on SELLERSeller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify SELLER 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. (b) The cost of all such measures taken shall be borne by SELLER Seller except to the extent such escape or discharge was caused or contributed to by the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment negligence or willful misconduct of HECOHawaiian Electric, and prompt reimbursement shall be made as appropriate; provided, however, that should SELLER 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 in good faith shall provide written notice to the other of such actions and measures taken. (c) Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between SELLER Seller and HECO Hawaiian Electric and shall not affect, as between SELLER Seller and HECOHawaiian Electric, any liability that either SELLER Seller or HECO Hawaiian Electric shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLER’s BUYER's Nominated Barge or its agent’s vessel tow, or occurs from or is caused by discharging loading operations, SELLER BUYER or vessel and their 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 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 party 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. (b) . 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 the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment or willful misconduct of 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 party shall provide written notice to the other pursuant to Section 15.2 or as otherwise provided in writing from time to time during the term of such actions and measures taken. (c) this Contract. Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between BUYER and SELLER and HECO and shall not affect, as between SELLER BUYER and HECOSELLER, any liability that either SELLER or HECO shall have of BUYER to any third parties, including the State of Hawaii and the U.S. Government, if either Party BUYER shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLERSeller’s or its agent’s vessel equipment, or occurs from or is caused by discharging operations, SELLER Seller or vessel and their 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 SELLERSeller’s equipment, equipment or SELLER Seller or HECO the Companies or others. Failing such action by SELLER Seller or its agents, HECOthe Companies, on SELLERSeller’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify SELLER 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. (b) . The cost of all such measures taken shall be borne by SELLER Seller except to the extent such escape or discharge was caused or contributed to by the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment or willful misconduct of HECOCompanies, and prompt reimbursement shall be made as appropriate; provided, however, that should SELLER 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 in good faith shall provide written notice to the other of such actions and measures taken. (c) . Notwithstanding any other provision in this Contract, the foregoing provisions shall be applicable only between SELLER Seller and HECO the Companies and shall not affect, as between SELLER Seller and HECOthe Companies, any liability that either SELLER Seller or HECO the Companies shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLER’s or its agent’s 's vessel or occurs from or is caused by discharging operations, SELLER or vessel and their 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 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 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. (b) 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 the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment or willful misconduct of 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 in good faith shall provide written notice to the other of such actions and measures taken. (c) 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 that either SELLER or HECO the Companies shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.

Pollution Mitigation. (a) When an escape or discharge of oil or any polluting substance occurs in connection with or is caused by SELLER’s or its agent’s 's vessel or occurs from or is caused by discharging operations, SELLER or vessel and their 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 negligence or willful misconduct of SELLER’s equipment, 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 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. (b) 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 the sole negligence, gross negligence, comparative negligence, inadequate or defective equipment negligence or willful misconduct of 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 in good faith shall provide written notice to the other of such actions and measures taken. (c) 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 that either SELLER or HECO the Companies shall have to any third parties, including the State of Hawaii and the U.S. Government, if either Party shall have such liability.