Common use of Pollution Mitigation Clause in Contracts

Pollution Mitigation. When a release, escape or discharge of petroleum product (including the Cargo transported pursuant to this Contract) or any other hazardous substance into the surrounding environment occurs from the Tug or the Barge at any time, or from the Vessels during Carrier's period of responsibility or while such petroleum product or other hazardous substance is in Carrier's care, custody and control, or is otherwise caused by the Vessels or Carrier's personnel, Carrier is obligated and agrees to immediately take, at its sole expense, whatever measures are necessary to retrieve and/or remove such petroleum product or other hazardous substance from the environment, clean up and restore the affected environment and assume and respond to every loss, damage, expense, claim, liability, suit, fine, penalty and/or other consequence of any type or nature, whether involving Carrier, Shipper or others, arising out of or relating to such release, escape or discharge. Carrier shall immediately inform Shipper of any such release, escape or discharge, of measures taken in response as well as any loss, damage, expense, claim, liability, suit, fine, penalty and other consequence arising therefrom. No Vessel, tankermen or other charges will be incurred for Shipper's account with respect to such release, escape or discharge.