Type of Protective Language: Indemnification and Negligence Provisions
Type of Protective Language: Indemnification and Negligence Provisions
What it is:
Indemnification clauses are to protect the township from being financially or legally liable for damage caused by the fracking company. They are relatively universal and so unlike, let's say, a Wetland Protection Overlay, this protective clause is not based on the specific and unique nature of the area. This makes them generally a good idea to include in protective ordinances.
Example of that type of language:
Indemnification and Express Negligence Provisions – The operator shall fully defend, protect, indemnify, and hold harmless Peters Township, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of Peters Township including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
Requires each application for fracking infrastructure to include the adoption of an indemnification clause.
*Although this version of the Penn Township Injection Well Ordinances indicates it is a “draft” it is actually the finalized language