Pollution Prevention and Responsibility Clause Samples

Pollution Prevention and Responsibility. In the event any spill, escape or discharge of Cargo or bunkers occurs or is threatened from the Vessel and causes or threatens to cause pollution damage, the Vessel shall promptly notify Seller and all appropriate Governmental Authorities and shall take all necessary measures to prevent or mitigate such damage, keeping Seller and all appropriate Governmental Authorities apprised of all such measures, whether already taken or contemplated, as promptly as possible. Buyer hereby authorizes Seller, upon notice to Buyer, to undertake such measures as Seller deems reasonably necessary to prevent or mitigate the pollution damage. Seller shall keep Buyer advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s time and expense, provided, however, that if Seller caused or contributed to such spill, escape or discharge, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the spill, escape or discharge. In the event that Buyer wants such measures discontinued, Buyer shall so notify Seller and thereafter Seller shall have no right to continue said measures at Buyer’s expense. THIS “POLLUTION PREVENTION AND RESPONSIBILITY” PROVISION IS NOT INTENDED TO, AND DOES NOT, EXPAND THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER APPLICABLE LAW AGAINST OR TO THE OTHER PARTY IN CONNECTION WITH LIABILITY FOR COSTS, DAMAGES, FINES, AND PENALTIES ARISING FROM OR IN CONNECTION WITH ENVIRONMENTAL POLLUTION.

Pollution Prevention and Responsibility. In the event an escape or discharge from Motor Carrier while it is at the Terminal and which causes or threatens to cause pollution damage, the Motor Carrier will promptly take whatever measures are necessary to prevent or mitigate such damage or remove the threat. The Motor Carrier hereby authorizes the Terminal, or its nominee, upon notice to the Motor Carrier, to undertake, at the Terminal's option, such measures as are reasonably necessary to prevent or mitigate the pollution damage or remove the threat. The Terminal or its nominee shall keep the Motor Carrier advised of the nature and results of any such measures taken, and if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be the responsibility of the Motor Carrier.

Pollution Prevention and Responsibility. Customer or its Agent will require all Vessels promptly and diligently to prevent, mitigate and remediate all pollution emanating from said Vessels. Customer or its Agent will require all Vessels to comply with Law and to carry all liability and pollution insurance required by Law. In the event of any Biomass spills or other environmentally polluting discharge caused by the fault of Customer’s Vessel, Owner shall immediately notify Customer, and, subject to Customer’s consent, is authorized to commence containment or cleanup operations as deemed appropriate or necessary by Owner (and consented to by Customer). All reasonable costs of containment or cleanup for such spill or discharge shall be borne by Customer, except that, in the event a spill or discharge is the result of joint negligence or misconduct of both Owner and Customer’s Vessel, costs of containment or cleanup shall be borne jointly by Owner and Customer in proportion to each Party’s or its Vessel’s negligence or misconduct.

Pollution Prevention and Responsibility. Customer will require all Vessels promptly and diligently to prevent, mitigate and remediate all pollution emanating from the Vessel. Customer will require all Vessels to participate in the International Tankers Owners Pollution Federation (ITOPF), or in the case of barges, to have secured and to carry a current U.S. Coast Guard Certificate of Financial Responsibility (Water Pollution). Customer will require all Vessels to comply with all applicable Law and to carry all liability and pollution insurance required by such Laws.

Pollution Prevention and Responsibility. In the event that any Product is spilled, released, discharged or otherwise escapes to land, surface or ground waters, navigable or non-navigable (otherwise known as an "Occurrence") during the loading or discharging of any Vessel, or during the course of transporting the Product in the performance of the Agreement, the parties shall each take such reasonable measures as are necessary to protect against or mitigate any resulting environmental damage or as required by any governmental authorities. All Vessels shall comply with and meet any financial responsibility requirements under oil pollution and spill prevention laws or regulations as may be applicable to the transaction as described in the Agreement, or any Contract hereunder. All Vessels shall carry on board a current U.S. Coast Guard Certificate of Financial Responsibility.

Pollution Prevention and Responsibility. In the event a spill, escape or discharge of oil or other product occurs during Delivery and causes or threatens to cause pollution damage (“Spill”), Buyer shall promptly take whatever measures are necessary to prevent or mitigate such damage. Seller may, but is not obligated to, undertake any measures that are, in its sole discretion, reasonably necessary to prevent or mitigate the pollution damage. Any and all costs or expenses incurred as a result of any measures so taken shall be at the Buyer’s expense. Buyer shall be responsible to indemnify, defend and hold harmless Seller from any and all claims, costs, expenses, clean up costs, fines, losses, penalties, damages or other liability incurred by Seller as a result of the Spill. This duty to indemnify, defend, and hold harmless shall be owed to Seller without regard to the negligence or fault of Seller, except to the extent the negligence or other fault of Seller is a proximate cause of the Spill, in which case Seller shall be responsible only for reasonable costs and expenses attributable to that portion of the Spill.

Pollution Prevention and Responsibility. 11.1 In the event of an escape or discharge of the marine fuel or any other pollutant at any stage during the bunkering operation, from or in the vicinity of the Vessel, causing or threatening to cause pollution damage, Buyer authorizes Seller (regardless of who may be responsible) to immediately undertake all measures as are reasonably necessary to prevent or mitigate the pollution damage. Seller shall keep Buyer and Vessel advised of the nature and results of any such measures taken and, if time permits, the nature of the measures intended to be taken. Any of the aforementioned measures shall be at Buyer’s expense, provided that if Seller caused or contributed to such escape or discharge, the expense of the aforementioned measures shall be borne by Seller in proportion to its negligence in causing or contributing to the escape or discharge. If Buyer considers said measures should be discontinued, Buyer shall so notify Seller and thereafter Seller shall have no right to continue said measures at Buyer’s expense. This provision shall be applicable only between the Parties hereto and shall not affect any liability of either party to third Parties, including but not limited to governments.

Pollution Prevention and Responsibility. (a) In the event that the marine fuel is spilled or otherwise escaped during the loading or discharging of any receiving vessel in the performance of Agreement of Sale of Marine Fuel, the Buyer shall take such measures as are necessary to protect against or mitigate any resulting pollution damage or as required by any governmental authorities. (b) In the event such incident is the result of any defect in the receiving vessel or its equipment or any fault or act of neglect of the master, crew, agent or representative, the party owning or chartering the receiving vessel agrees to cause the receiving vessel to assume any and all responsibility for penalties, cleanup expenses, and cost that may be incurred as a result of such

Pollution Prevention and Responsibility. Upon the occurrence of any spill or discharge reportable under Applicable Law or other environmental pollution in connection with any transfer, delivery, transportation or receipt of Products, the Parties shall take any action required under Applicable Law, including actions to prevent or mitigate resulting pollution damage. Even if not required by Applicable Law, a Party may take such actions to prevent or mitigate pollution damage as it deems appropriate or is required by any Governmental Authority, in which case such Party shall notify the other Party immediately of any such actions, and shall take such actions in accordance with the Oil Pollution Act of 1990, as amended, and any other Applicable Law, or as may be directed by the U.S. Coast Guard or any other Governmental Authority. If either Party incurs costs to clean up or contain a spill or discharge or to prevent or mitigate resulting pollution damage, such Party reserves any rights provided by law to recover such costs from the other Party or from any third party. If a third party is legally liable for such costs and expenses, each Party shall cooperate with the other Party for the purpose of obtaining reimbursement from such third party. Each Party also shall cooperate with the other Party for the purpose of obtaining reimbursement from any other applicable entity or source under federal or state law. Each Party acknowledges that (i) no provision under this Agreement is intended to imply that a Party assumes any pollution liability for the benefit of or on behalf of the other Party and (ii) a Party shall not be liable to indemnify the other Party for any Liabilities in connection therewith, except as may be imposed under federal or state law on an owner of oil or voyage charterer.