Common use of Responsibility for Injury or Damage Clause in Contracts

Responsibility for Injury or Damage. As between the Parties, Supplier will be in control and possession of the Raw Gas deliverable hereunder and responsible for any injury or damage relating to handling or delivery of Raw Gas until the Raw Gas has been delivered to Processor at the Delivery Points; after delivery to Processor, Processor will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling or gathering of gas; and after Residue Gas is delivered to Supplier, Supplier will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling and the further transportation and handling of such Residue Gas. THE PARTY HAVING RESPONSIBILITY UNDER THE PRECEDING SENTENCE SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND DEFENSE) ARISING FROM ACTUAL AND ALLEGED LOSS OF GAS, PERSONAL INJURY, DEATH, AND DAMAGE FOR WHICH THE PARTY IS RESPONSIBLE UNDER THIS AGREEMENT; PROVIDED THAT NEITHER PARTY WILL BE INDEMNIFIED FOR ITS OWN NEGLIGENCE OR THAT OF ITS AGENTS, SERVANTS, OR EMPLOYEES.

Appears in 2 contracts

Samples: Gathering and Processing Agreement (Marlin Midstream Partners, LP), Gathering and Processing Agreement (Marlin Midstream Partners, LP)

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Responsibility for Injury or Damage. As between the Partiesparties, Supplier Seller will be in control and possession of the Raw Gas gas deliverable hereunder and responsible for any injury or damage relating to handling or delivery of Raw Gas gas until the Raw Gas gas has been delivered to Processor Buyer at the Delivery Points; after delivery to Processordelivery, Processor Buyer will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling or gathering of gas; and after Residue Gas is delivered to Supplier, Supplier will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling and the further transportation and handling of such Residue Gas. THE PARTY HAVING RESPONSIBILITY UNDER THE PRECEDING SENTENCE SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND DEFENSE) ARISING FROM ACTUAL AND ALLEGED LOSS OF GAS, PERSONAL INJURY, DEATH, AND DAMAGE FOR WHICH THE PARTY IS RESPONSIBLE UNDER THIS AGREEMENTSECTION; PROVIDED THAT NEITHER PARTY WILL BE INDEMNIFIED FOR ITS OWN NEGLIGENCE OR THAT OF ITS AGENTS, SERVANTS, OR EMPLOYEES.

Appears in 1 contract

Samples: Gas Purchase Contract (Cano Petroleum, Inc)

Responsibility for Injury or Damage. As between the Partiesparties, Supplier will be in control and possession of the Raw Gas gas deliverable hereunder and responsible for any injury or damage relating to handling or delivery of Raw Gas gas until the Raw Gas gas has been delivered to Processor at the Delivery Points; after delivery to Processordelivery, Processor will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling or gathering of gas; and after Residue Gas is delivered to Supplier, Supplier will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling and the further transportation and handling of such Residue Gas. THE PARTY HAVING RESPONSIBILITY UNDER THE PRECEDING SENTENCE SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND DEFENSE) ARISING FROM ACTUAL AND ALLEGED LOSS OF GAS, PERSONAL INJURY, DEATH, AND DAMAGE FOR WHICH THE PARTY IS RESPONSIBLE UNDER THIS AGREEMENTSECTION; PROVIDED THAT NEITHER PARTY WILL BE INDEMNIFIED FOR ITS OWN NEGLIGENCE OR THAT OF ITS AGENTS, SERVANTS, OR EMPLOYEES.

Appears in 1 contract

Samples: Gas Processing Contract (DCP Midstream Partners, LP)

Responsibility for Injury or Damage. As between the Partiesparties, Supplier Seller will be in control and possession of the Raw Gas gas deliverable hereunder and responsible for any injury or damage relating to handling or delivery of Raw Gas gas until the Raw Gas gas has been delivered to Processor at the Delivery PointsBuyer; after delivery to Processordelivery, Processor Buyer will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling or gathering of gas; and after Residue Gas is delivered to Supplier, Supplier will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling and the further transportation and handling of such Residue Gas. THE PARTY HAVING RESPONSIBILITY UNDER THE PRECEDING SENTENCE SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AND AGENTS HARMLESS HARMELESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND DEFENSE) ARISING ARSING FROM ACTUAL AND ALLEGED LOSS OF GAS, PERSONAL INJURY, DEATH, AND DAMAGE FOR WHICH THE PARTY IS RESPONSIBLE UNDER THIS AGREEMENTSECTION L.2; PROVIDED THAT NEITHER PARTY WILL BE INDEMNIFIED INDEMNIFED FOR ITS OWN NEGLIGENCE OR THAT OF ITS AGENTS, SERVANTS, OR EMPLOYEES.

Appears in 1 contract

Samples: Gas Purchase Contract (Cano Petroleum, Inc)

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Responsibility for Injury or Damage. As between the Partiesparties, Supplier Seller will be in control and possession of the Raw Gas gas deliverable hereunder and responsible for any injury or damage relating to handling or delivery of Raw Gas gas until the Raw Gas gas has been delivered to Processor at the Delivery PointsBuyer; after delivery to Processordelivery, Processor Buyer will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling or gathering of gas; and after Residue Gas is delivered to Supplier, Supplier will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling and the further transportation and handling of such Residue Gas. THE PARTY HAVING RESPONSIBILITY UNDER THE PRECEDING SENTENCE SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND DEFENSE) ARISING FROM ACTUAL AND ALLEGED LOSS OF GAS, PERSONAL INJURY, DEATH, AND DAMAGE FOR WHICH THE PARTY IS RESPONSIBLE UNDER THIS AGREEMENTSECTION L.2; PROVIDED THAT NEITHER PARTY WILL BE INDEMNIFIED FOR ITS OWN NEGLIGENCE OR THAT OF ITS AGENTS, SERVANTS, OR EMPLOYEES.

Appears in 1 contract

Samples: Gas Purchase Contract (Cano Petroleum, Inc)

Responsibility for Injury or Damage. As between the Partiesparties, Supplier Seller will be in control and possession of the Raw Gas gas deliverable hereunder and responsible for any injury or damage relating to handling or delivery of Raw Gas gas until the Raw Gas gas has been delivered to Processor Buyer at the Delivery Points; after delivery to Processordelivery, Processor Buyer will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling or gathering of gas; and after Residue Gas is delivered to Supplier, Supplier will be deemed to be in exclusive control and possession and responsible for any injury or damage relating to handling and the further transportation and handling of such Residue Gas. THE PARTY HAVING RESPONSIBILITY UNDER THE PRECEDING SENTENCE SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION AND DEFENSE) ARISING FROM ACTUAL AND ALLEGED LOSS OF GAS, PERSONAL INJURY, DEATH, AND DAMAGE FOR WHICH THE PARTY IS RESPONSIBLE UNDER THIS AGREEMENTSECTION; PROVIDED THAT NEITHER PARTY WILL BE INDEMNIFIED FOR ITS OWN NEGLIGENCE OR THAT OF ITS AGENTS, SERVANTS, EMPLOYEES OR EMPLOYEESCONTRACTORS.

Appears in 1 contract

Samples: Gas Purchase Contract (Approach Resources Inc)

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