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conditions of the User's Agreement covering a Terminal Facility regardless of whether such User is a
"Frequent User" or "Occasional User" as those terms are defined in the User's Agreement for such Terminal
Facility.
With respect to Users' compliance with OPA and TOSPRA, User is responsible for discharges or any
pollution resulting from its operations at a Terminal Facility. Except for its own negligence, the Port
Authority assumes no responsibility for spills or any pollution caused by any User, and any such
User shall indemnify, hold harmless and defend the Port Authority from any loss, cost, expense,
damage, judgment or other liability resulting from spills or pollution caused by a User.
All spills of oil or chemicals into the Inner Harbor or other navigable waters of the United States within
Nueces County, Texas, shall immediately be reported to the Harbormaster. The person or entity responsible
for such spill must also make the proper spill notifications to federal and state authorities.
ITEM 671
INDEMNITY
Users by their use of the Terminal Facilities or Waterways consent to release and discharge
Authority from liability for, and assume the risk of loss or damage to, the property of the User, and
the personal injury or death of any person employed by the User, and agree to defend, indemnify,
reimburse and hold harmless Authority, its agents, servants, employees and Port Commissioners,
from all claims, causes of action, demands, damages and liabilities of any kind or character,
including but not limited to claims, causes of action, demands, damages and liabilities in any matter
resulting from, arising out of or caused, in whole or in part, by User’s fault of any kind, including
but not limited to willful misconduct, negligence, gross negligence, deliberate acts, strict liability in
tort, breach of warranty, express or implied, or breach of any term or condition of the Authority’s
tariff, as amended, including that caused by any of the activities of User’s agents, contractors,
employees, invitees or licensees directly or indirectly related to use of the Terminal Facilities or
Waterways by the User, save and except such damages as may be caused by the negligence of the
Authority, its agents, contractors, employees, invitees or licensees, it being intended that the User
will indemnify Authority for the User’s proportionate fault, including but not limited to negligence,
which causes such damages. Should the User fail or refuse after written notice to participate in the
settlement of a claim for damages, then Authority may settle with the claimant without prejudice to
Authority's indemnity rights set forth herein, it being agreed that a settlement after notice to the
User will constitute a settlement of the proportionate fault, including but not limited to negligence
of both the User and Authority, which settlement may later be apportioned between Authority and
the User.
ITEM 672 (I) 4-12-2005
UNAUTHORIZED RELEASES ON PORT PROPERTY
Users are responsible for the cleanup of any vapor, liquid, or solid materials accidentally or intentionally
released, whether spilled, leaked, pumped, poured, emitted, emptied, discharged, released, injected,
escaped, leached, placed, left, dumped or disposed of, on Port Authority property without the Port
Authority's prior written consent. Any such release is referred to herein as an "Unauthorized Release.”
Except for its own negligence, the Port Authority assumes no responsibility for any Unauthorized
Release by any User, and the User responsible for an Unauthorized Release will indemnify, hold
harmless and defend the Port Authority from any loss, cost, expense, damage, judgment or other
liability resulting from such Unauthorized Release. Cleanup of all Unauthorized Releases must comply
with applicable local, state, and federal regulations. Where no cleanup regulations apply, cleanup activities
shall be to the standards established by the Port Authority in its sole discretion. Documentation of such
cleanup shall be provided to the Port Authority at its request.
All Unauthorized Releases shall immediately be reported to the Port Authority. The User responsible for an
Unauthorized Release must also make the proper notifications to the appropriate local, state, and federal
authorities and to the Port Police Department at (361) 882-1182. Unauthorized Releases not reported to