Common use of Spillage Clause in Contracts

Spillage. XXXXXXX OPERATING RESOURCES will defend, save SPRAGUE HOLDINGS and its affiliates, SPRAGUE MASSACHUSETTS and Sprague Massachusetts Gas Company (the “Indemnitees”), as owners of the Oil Terminal, the real estate on which the Oil Terminal is located and the adjacent property, harmless and indemnified: from and against all loss or damage caused by XXXXXXX OPERATING RESOURCES, its agents or contractors occasioned by (a) the use or misuse or abuse of water brought in through pipes or xxxxx for use on the Oil Terminal or of the plumbing, heating or other apparatus, electric or other fixtures; (b) the bursting or leaking of any pipes; or (c) a nuisance, including oil leakage and spillage, made or suffered on the Oil Terminal or adjacent property of Indemnitees, or in the immediate vicinity of the foregoing, arising out of the operation of XXXXXXX OPERATING RESOURCES, except as may have been caused by the negligence of an Indemnitee, its agents and employees.

Appears in 2 contracts

Samples: Terminal Operating Agreement (Sprague Resources LP), Terminal Operating Agreement (Sprague Resources LP)

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Spillage. XXXXXXX OPERATING RESOURCES will defend, save SPRAGUE HOLDINGS and its affiliates, SPRAGUE MASSACHUSETTS and Sprague Massachusetts Gas Company (the “Indemnitees”), as owners of the Oil Terminal, the real estate on which the Oil Terminal is located and the adjacent property, harmless and indemnified: from and against all loss or damage caused by XXXXXXX OPERATING RESOURCES, its agents or contractors occasioned by (a) the use or misuse or abuse of water brought in through pipes or xxxxx for use on the Oil Terminal or of the plumbing, heating or other apparatus, electric or other fixtures; (b) the bursting or leaking of any pipes; or (c) a nuisance, including oil leakage and spillage, made or suffered on the Oil Terminal or adjacent property of Indemnitees, or in the immediate vicinity of the foregoing, arising out of the operation of XXXXXXX OPERATING RESOURCES, except as may have been caused by the negligence of an Indemnitee, its agents and employees.

Appears in 1 contract

Samples: Terminal Operating Agreement (Sprague Resources LP)

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Spillage. XXXXXXX OPERATING RESOURCES will defend, save SPRAGUE HOLDINGS and its affiliates, SPRAGUE XXXXXXX MASSACHUSETTS and Sprague Massachusetts XXXXXXX MASSACHUSETTS’s affiliate, XXXXXXX MASSACHUSETTS Gas Company (the “Indemnitees”), as owners of the Oil Terminal, the real estate on which the Oil Terminal is located and the adjacent property, harmless and indemnified: from and against all loss or damage caused by XXXXXXX OPERATING RESOURCES, its agents or contractors occasioned by (a) the use or misuse or abuse of water brought in through pipes or xxxxx for use on the Oil Terminal or of the plumbing, heating or other apparatus, electric or other fixtures; (b) the bursting or leaking of any pipes; or (c) a nuisance, including oil leakage and spillage, made or suffered on the Oil Terminal or adjacent property of Indemnitees, or in the immediate vicinity of the foregoing, arising out of the operation of XXXXXXX OPERATING RESOURCES, except as may have been caused by the negligence of an Indemnitee, its agents and employees.

Appears in 1 contract

Samples: Terminal Operating Agreement (Sprague Resources LP)

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