Common use of Underground Damage Clause in Contracts

Underground Damage. Operator agrees to defend, release, hold harmless and indemnify the Contractor for any and all claims except the negligence or wilful misconduct of Contractor, its agents, employees or subcontractors against Contractor resulting from operations under this Contract on account of injury to destruction of, or loss or impairment of any property right in or to oil, gas or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss, or impairment, said substance had not been reduced to physical possession above the surface, and for any loss or damage to any formation, strata, or reservoir beneath the surface.

Underground Damage. Operator agrees to defend, release, hold harmless defend and indemnify the Contractor for any and all claims except including, but not limited to, claims arising as a result of the negligence or wilful misconduct of Contractor, its agents, employees or subcontractors against Contractor resulting from operations under this Contract on account of injury to to, destruction of, or loss or impairment of any property right in or to oil, gas gas, or other mineral substance or water, if which at the time of the act or omission causing such injury, destruction, loss, or impairment, said such substance had not been reduced to physical possession above the surface, and for any loss or damage to any formation, strata, or reservoir beneath the surface.