Common use of Pollution Mitigation Clause in Contracts

Pollution Mitigation. (a) When an escape or discharge of Product, oil or any polluting substance occurs in connection with or is caused by Chevron’s or its agent’s vessel or occurs from or is caused by discharging operations, Chevron 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 negligence or willful misconduct of Chevron’s equipment or Chevron or Hawaiian Electric or others. Failing such action Chevron or its agents, Hawaiian Electric, on Chevron’s behalf, may promptly take whatever measures are reasonably necessary to prevent or mitigate pollution damage and notify Chevron 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) [...] (c) Notwithstanding any other provision in this Agreement, the foregoing provisions shall be applicable only between Chevron and Hawaiian Electric and shall not affect, as between Chevron and Hawaiian Electric, any liability that either Chevron or 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.