Common use of Operator’s Indemnification for Asbestos Clause in Contracts

Operator’s Indemnification for Asbestos. The Operator shall be responsible for and shall indemnify, defend and hold harmless Infineum and its Affiliates and their respective employees, officers and directors (or their equivalents) from and against any Environmental Claim or Loss arising therefrom to the extent such claim arises out of (i) operational and maintenance procedures pertaining to asbestos containing materials and/or the removal, disposal, encapsulation and/or containment of asbestos containing material, and/or the Operator’s failure to take any such action, occurring within the Site during the term of this Agreement, if and to the extent that such Environmental Claim or Loss arises out of the acts or omissions of the Operator or its Affiliates or their respective officers, directors (or equivalent), employees, agents or contractors, or (ii) claims for actual or alleged personal injury, sickness or death relating to exposure to asbestos containing materials, by reason of employment or otherwise, occurring of alleged to have occurred within the Site during the term of this Agreement.