Common use of Liability and Insurances Clause in Contracts

Liability and Insurances. Each Party shall save, defend, indemnify, and hold harmless the other Party and its Group from and against all claims, damages, liabilities, costs, and expenses (including legal fees) associated with: illness and death or injury of its and its Group’s employees; and/or loss of or damage to its and its Group’s property (whether owned, leased or obtained otherwise); and/or its and its Group’s Consequential Loss. arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the indemnified Party and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. The Customer shall save, defend, indemnify, and hold harmless the Company and its Group from and against all claims, damages, liabilities, costs, and expenses (including legal fees) in respect of: pollution emanating from the Customer and its Group’s property (whether owned, leased or obtained otherwise) and any Equipment in the Customer or its Group’s use or possession; and/or damage to or loss of or impairment to any well (including the casing therein) or well bore; damage to or loss of any reservoir or productive formation, or subsurface minerals; blowout, fire, explosion, cratering, subsurface pressure or losing control of the well (including efforts to regain control of the well); damage to or loss of the drilling rig, vessel, platform, pipeline or other system forming part of or connected to the platform; and/or any such pollution or contamination of any kind as described above, as well as containing, controlling and cleaning up any such resulting pollution or contamination; and/or the recovery or removal and when appropriate the marking or lighting of any wreck or debris, excluding any vessel provided by the Company and its Group; arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Company and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. Except as provided by Clause 9.2, the Company shall save, defend, indemnify and hold harmless the Customer and its Group from and against all claims, damages, liabilities, costs and expenses (including legal fees) arising from pollution originating from the Company and its Group’s property, including Equipment, (whether owned, leased or obtained otherwise), arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Customer and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. Notwithstanding Clause 9.1.2, where the Company’s Equipment is in the use or possession by the Customer or its Group, the Customer shall save, defend, indemnify and hold harmless the Company and its Group from and against any and all claims, damages, liabilities, costs and expenses (including legal fees) associated with any damage to or loss of any such Equipment, arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Company and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. The Company and the Customer shall each assume their legal liability towards Third Parties at law and/or in respect of negligence or breach of duty and shall indemnify each other accordingly. For the purposes of this Clause "Third Party" shall mean third parties which are not part of the Company and its Group or the Customer and its Group. The indemnity obligations assumed by the Parties under this Clause 9 shall be supported by liability insurance furnished by each Party as indemnitor for the benefit of the other party as indemnitee. Each indemnifying Party’s insurance shall be primary to any other insurances provided. Each Party agrees to have its underwriters name the other as additional insured or indemnified as a principal with full and complete waivers of subrogation in the policies covering such illness, bodily injury or death and damage to or loss or destruction of property, but only to the extent of the indemnity obligations assumed under this Agreement by the Party providing the insurance policy. The limits and coverages of such insurance shall not limit the liabilities or obligations assumed by the Parties hereunder, except as provided by statute.

Liability and Insurances. 9.1 Each Party shall save, defend, indemnify, and hold harmless the other Party and its Group from and against all claims, damages, liabilities, costs, and expenses (including legal fees) associated with: : 9.1.1 illness and death or injury of its and its Group’s employees; and/or and/or 9.1.2 loss of or damage to its and its Group’s property (whether owned, leased or obtained otherwise); and/or and/or 9.1.3 its and its Group’s Consequential Loss. arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the indemnified Party and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.2 The Customer shall save, defend, indemnify, and hold harmless the Company and its Group from and against all claims, damages, liabilities, costs, and expenses (including legal fees) in respect of: : 9.2.1 pollution emanating from the Customer and its Group’s property (whether owned, leased or obtained otherwise) and any Equipment in the Customer or its Group’s use or possession; and/or and/or 9.2.2 damage to or loss of or impairment to any well (including the casing therein) or well bore; damage to or loss of any reservoir or productive formation, or subsurface minerals; blowout, fire, explosion, cratering, subsurface pressure or losing control of the well (including efforts to regain control of the well); damage to or loss of the drilling rig, vessel, platform, pipeline or other system forming part of or connected to the platform; and/or any such pollution or contamination of any kind as described above, as well as containing, controlling and cleaning up any such resulting pollution or contamination; and/or and/or 9.2.3 the recovery or removal and when appropriate the marking or lighting of any wreck or debris, excluding any vessel provided by the Company and its Group; arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Company and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.3 Except as provided by Clause 9.2, the Company shall save, defend, indemnify and hold harmless the Customer and its Group from and against all claims, damages, liabilities, costs and expenses (including legal fees) arising from pollution originating from the Company and its Group’s property, including Equipment, (whether owned, leased or obtained otherwise), arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Customer and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.4 Notwithstanding Clause 9.1.2, where the Company’s Equipment is in the use or possession by the Customer or its Group, the Customer shall save, defend, indemnify and hold harmless the Company and its Group from and against any and all claims, damages, liabilities, costs and expenses (including legal fees) associated with any damage to or loss of any such Equipment, arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Company and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.5 The Company and the Customer shall each assume their legal liability towards Third Parties at law and/or in respect of negligence or breach of duty and shall indemnify each other accordingly. For the purposes of this Clause "Third Party" shall mean third parties which are not part of the Company and its Group or the Customer and its Group. . 9.6 The indemnity obligations assumed by the Parties under this Clause 9 shall be supported by liability insurance furnished by each Party as indemnitor for the benefit of the other party as indemnitee. Each indemnifying Party’s insurance shall be primary to any other insurances provided. Each Party agrees to have its underwriters name the other as additional insured or indemnified as a principal with full and complete waivers of subrogation in the policies covering such illness, bodily injury or death and damage to or loss or destruction of property, but only to the extent of the indemnity obligations assumed under this Agreement by the Party providing the insurance policy. The limits and coverages of such insurance shall not limit the liabilities or obligations assumed by the Parties hereunder, except as provided by statute.

Liability and Insurances. 9.1 Each Party shall save, defend, indemnify, indemnify and hold harmless the other Party and its Group from and against any and all claims, damages, liabilities, costs, costs and expenses (including legal fees) associated with: : 9.1.1 illness and death or injury of its and its Group’s employees; and/or and/or 9.1.2 loss of or damage to its and its Group’s property (whether owned, leased or obtained otherwise); and/or and/or 9.1.3 its and its Group’s Consequential Loss. ; arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the indemnified Party and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.2 The Customer shall save, defend, indemnify, indemnify and hold harmless the Company and its Group from and against all claims, damages, liabilities, costs, costs and expenses (including legal fees) in respect of: : 9.2.1 pollution emanating from the Customer and its Group’s property (whether owned, leased or obtained otherwise) and any Equipment in the Customer or its Group’s use or possession; and/or and/or 9.2.2 damage to or loss of or impairment to any well (including the casing therein) or well bore; damage to or loss of any reservoir or productive formation, or subsurface minerals; blowout, fire, explosion, cratering, subsurface pressure or losing control of the well (including efforts to regain control of the well); damage to or loss of the drilling rig, vessel, platform, pipeline or other system forming part of or connected to the platform; and/or any such pollution or contamination of any kind as described above, as well as containing, controlling and cleaning up any such resulting pollution or contamination; and/or and/or 9.2.3 the recovery or removal and when appropriate the marking or lighting of any wreck or debris, excluding any vessel provided by the Company and its Group; arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Company and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.3 Except as provided by Clause 9.2, the Company shall save, defend, indemnify and hold harmless the Customer and its Group from and against all claims, damages, liabilities, costs and expenses (including legal fees) arising from pollution originating from the Company and its Group’s property, including Equipment, (whether owned, leased or obtained otherwise), arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Customer and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.4 Notwithstanding Clause 9.1.2, where the Company’s Equipment is in the use or possession by the Customer or its Group, the Customer shall save, defend, indemnify and hold harmless the Company and its Group from and against any and all claims, damages, liabilities, costs and expenses (including legal fees) associated with any damage to or loss of any such Equipment, arising from, relating to or in connecting with the performance or non-performance of the Agreement and notwithstanding the negligence (strict or otherwise) and/or breach of duty (statutory or otherwise) of the Company and its Group and shall apply irrespective of any claim under the Agreement, in tort or otherwise at law. . 9.5 The Company and the Customer shall each assume their legal liability towards Third Parties at law and/or in respect of negligence or breach of duty and shall indemnify each other accordingly. For the purposes of this Clause "Third Party" shall mean third parties which are not part of the Company and its Group or the Customer and its Group. . 9.6 The indemnity obligations assumed by the Parties under this Clause 9 shall be supported by liability insurance furnished by each Party as indemnitor for the benefit of the other party as indemnitee. Each indemnifying Party’s insurance shall be primary to any other insurances provided. Each Party agrees to have its underwriters name the other as additional insured or indemnified as a principal with full and complete waivers of subrogation in the policies covering such illness, bodily injury or death and damage to or loss or destruction of property, but only to the extent of the indemnity obligations assumed under this Agreement by the Party providing the insurance policy. The limits and coverages of such insurance shall not limit the liabilities or obligations assumed by the Parties hereunder, except as provided by statute.