Pollution Prevention and Responsibility. In the event any spill, escape or discharge of Cargo or bunkers occurs or is threatened from the Vessel and causes or threatens to cause pollution damage, the Vessel shall promptly notify Seller and all appropriate Governmental Authorities and shall take all necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer hereby authorizes Seller, upon notice to Buyer, to undertake such measures as Seller deems reasonably necessary to prevent or mitigate the pollution damage. Seller shall keep Buyer advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s time and expense, provided, however, that if Seller caused or contributed to such spill, escape or discharge, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall so notify Seller and thereafter Seller shall have no right to continue said measures at Buyer’s expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TO, AND DOES NOT, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINES, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTION.
Pollution Prevention and Responsibility. In the event an escape or discharge from Motor Carrier while it is at the Terminal and which causes or threatens to cause pollution damage, the Motor Carrier will promptly take whatever measures are necessary to prevent or mitigate such damage or remove the threat. The Motor Carrier hereby authorizes the Terminal, or its nominee, upon notice to the Motor Carrier, to undertake, at the Terminal's option, such measures as are reasonably necessary to prevent or mitigate the pollution damage or remove the threat. The Terminal or its nominee shall keep the Motor Carrier advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be the responsibility of the Motor Carrier.
Pollution Prevention and Responsibility. In the event of an escape or discharge of Oil, cargo or bunkers from a Vessel that causes or threatens to cause pollution or damage, Buyer will promptly take whatever measures are necessary to prevent, mitigate and clean up such release or damage. Buyer shall keep Seller advised of the nature and results of any such measures taken, and, if time permits, the nature of the measures intended to be taken.
Pollution Prevention and Responsibility. Customer or its Agent will require all Vessels promptly and diligently to prevent, mitigate and remediate all pollution emanating from said Vessels. Customer or its Agent will require all Vessels to comply with Law and to carry all liability and pollution insurance required by Law. In the event of any Biomass spills or other environmentally polluting discharge caused by the fault of Customer’s Vessel, Owner shall immediately notify Customer, and, subject to Customer’s consent, is authorized to commence containment or cleanup operations as deemed appropriate or necessary by Owner (and consented to by Customer). All reasonable costs of containment or cleanup for such spill or discharge shall be borne by Customer, except that, in the event a spill or discharge is the result of joint negligence or misconduct of both Owner and Customer’s Vessel, costs of containment or cleanup shall be borne jointly by Owner and Customer in proportion to each Party’s or its Vessel’s negligence or misconduct.
Pollution Prevention and Responsibility. Customer will require all Vessels promptly and diligently to prevent, mitigate and remediate all pollution emanating from the Vessel. Customer will require all Vessels to participate in the International Tankers Owners Pollution Federation (ITOPF), or in the case of barges, to have secured and to carry a current U.S. Coast Guard Certificate of Financial Responsibility (Water Pollution). Customer will require all Vessels to comply with all applicable Law and to carry all liability and pollution insurance required by such Laws.
Pollution Prevention and Responsibility. In the event a spill, escape or discharge of oil or other product occurs during Delivery and causes or threatens to cause pollution damage (“Spill”), Buyer shall promptly take whatever measures are necessary to prevent or mitigate such damage. Seller may, but is not obligated to, undertake any measures that are, in its sole discretion, reasonably necessary to prevent or mitigate the pollution damage. Any and all costs or expenses incurred as a result of any measures so taken shall be at the Buyer’s expense. Buyer shall be responsible to indemnify, defend and hold harmless Seller from any and all claims, costs, expenses, clean up costs, fines, losses, penalties, damages or other liability incurred by Seller as a result of the Spill. This duty to indemnify, defend, and hold harmless shall be owed to Seller without regard to the negligence or fault of Seller, except to the extent the negligence or other fault of Seller is a proximate cause of the Spill, in which case Seller shall be responsible only for reasonable costs and expenses attributable to that portion of the Spill.
Pollution Prevention and Responsibility. A. When an escape or discharge of product occurs from the Terminal, the Terminal will take whatever measures are reasonably necessary to clean up the spill or discharge and to mitigate any pollution damage. If the Terminal does not take adequate measures to clean up and mitigate damage, then the Provided Vessel may, at its option and upon written notice to Terminal, undertake such measures as are reasonable and necessary under the circumstances; and all such reasonably necessary measures so taken will be for the account of Terminal unless, as provided in paragraph B hereof, the spill or discharge is the fault of the Provided Vessel or the Provided Vessel's personnel. The Terminal will comply with and cooperate with all authorized Agencies involved in the remediation of any pollution incident.
Pollution Prevention and Responsibility. In the event that any Product is spilled, released, discharged or otherwise escapes to land, surface or ground waters, navigable or non-navigable (otherwise known as an "Occurrence") during the loading or discharging of any Vessel, or during the course of transporting the Product in the performance of the Agreement, the parties shall each take such reasonable measures as are necessary to protect against or mitigate any resulting environmental damage or as required by any governmental authorities. All Vessels shall comply with and meet any financial responsibility requirements under oil pollution and spill prevention laws or regulations as may be applicable to the transaction as described in the Agreement, or any Contract hereunder. All Vessels shall carry on board a current U.S. Coast Guard Certificate of Financial Responsibility.
Pollution Prevention and Responsibility. In the event an escape or discharge of Product or cargo or bunkers from the Vessel causes or threatens to cause pollution damage, the Vessel will promptly take whatever measures are necessary to prevent or mitigate such damage. The Vessel Party hereby authorizes the Terminal Party, at the Terminal Party’s option, upon notice to the Vessel Party, to undertake such measures as are reasonably necessary to prevent or mitigate the pollution damage. The Terminal Party shall keep the Vessel Party advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at the Vessel Party’s time and expense, provided that if the Terminal caused or contributed to such escape or discharge, the expense of the aforementioned measures shall be borne by the Terminal Party in proportion to its negligence in causing or contributing to the escape or discharge. If the Vessel Party considers said measures should be discontinued, the Vessel Party shall so notify the Terminal Party and thereafter the Terminal Party shall have no right to continue said measures at the Vessel Party’s expense. This provision shall be applicable only between the parties hereto and shall not affect any liability of the Vessel and the Vessel Party to third parties, including, but not limited to governments.
Pollution Prevention and Responsibility. In the event an escape or discharge of Cargo occurs from the Vessel and causes or threatens to cause pollution damage, the Vessel will promptly take whatever measures are necessary to prevent or mitigate such damage. The Vessel hereby authorizes the Terminal, or its nominee, at the Terminal’s option, upon notice to the Vessel, to undertake such measures as are reasonably necessary to prevent or mitigate the pollution damage. The Terminal or its nominee must keep the Vessel advised of the nature and results of any such measures taken and, if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures are at the Vessel Party’s expense, provided that, if the Terminal caused or contributed to such escape or discharge, the expense of the aforementioned measures will be borne by the Terminal in proportion to its negligence in causing or contributing to the escape or discharge. If the Vessel determines such measures should be discontinued, the Vessel must so notify the Terminal or its nominee. Thereafter, the Terminal or its nominee has no right to continue such measures at the Vessel’s authority or expense. However. the Terminal or its nominee is not waiving its rights to recovery for any continued measures under any applicable law or regulation. This provision is applicable only between parties hereto and does not affect any liability of the Vessel to third parties, including governments.
