Common use of Third Party Indemnification Clause in Contracts

Third Party Indemnification. a. The Transporter shall indemnify and hold harmless the Shipper from and against any and all losses, damages, penalties, costs (including reasonable attorney fees plus court costs) expenses and injuries on account of any claims, demands, proceedings, judgments or causes of action brought by any third party (including employees of either Party) or Government Authority, caused by or resulting from or attributable to the installation, existence, ownership, possession, operation or maintenance of the Transportation Facilities or arising out of acts or omissions by Transporter in the performance of his obligations under this Agreement including but not limited to any loss or harm to the environment or any injury or harm to, or death of, any Person including any employee of the Shipper or any damage or loss of property, except to the extent caused by the willful misconduct or negligence of the Shipper or breach of this Agreement by the Shipper. b. The Shipper shall indemnify and hold harmless the Transporter from and against any and all losses, damages, penalties, costs(including reasonable attorney fees plus court costs) , expenses and injuries on account of any claims, demands, proceedings judgments or causes of action brought by any Third Party (including employees of either Party) or Government Authority, caused by or resulting from or attributable to the installation, existence, ownership, possession, operation or maintenance by the Shipper of its Facilities or arising out of acts or omissions of Shipper in the performance of his obligations under this Agreement including but not limited to any loss or harm to the environment or any injury or harm to, or death of, any Person including any employee of the Transporter or any damage or loss of property, except to the extent caused by the willful misconduct or negligence of the Transporter or breach of this Agreement by the Transporter.