Common use of Pollution Prevention and Responsibility Clause in Contracts

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.