Is it just me, or does this indemnification language blow holes in industry’s mantra about how safe hydraulic fracturing is?
C. RELEASE AND INDEMNITY Customer [(Texas Keystone)] agrees to RELEASE Halliburton Group from any and all liability for any and all damages whatsoever to property of any kind owned by, in the possession of, or leased by Customer and those persons and entities Customer has the ability to bind by contract or which are co-interest owners or joint venturers with Customer. Customer also agrees to DEFEND, INDEMNIFY AND HOLD Halliburton Group HARMLESS from and against any and all liability, claims, costs, expenses, attorney fees and damages whatsoever for personal injury, illness, death, property damages and loss resulting from: loss of well control, services to control a wild well, whether underground or above the surface, reservoir or underground damage, including loss of oil, gas, other mineral substances or water, surface damage arising from underground damage, damage to or loss of the well bore; subsurface trespass or any action in the nature thereof; fire; explosion; subsurface pressure; radioactivity; and pollution and contamination and its cleanup and control.
I’m not a lawyer but here’s how I translate this language:
- Shit happens.
- We admit shit happens and that we loose control of shit.
- When shit happens
- You could die
- Your property could be damaged
- Your mineral property could be damaged
- Other people’s property could be damaged from a shit happening trespass
- There could be fire, explosions, radioactivity, etc.
- It can cause pollution and contamination.
- When shit happens, you’re fracked because you can’t do shit about it.
I’ve asked this before but it bears repeating:
Remember that Halliburton was fracking the BP well that is now a river of oil flowing into the ocean. They screwed up on their cementing job, which, according to this white paper, happens often. I’ve posted before about the cementing jobs. There too, industry admits that shit happens.
Note to sensitive readers: Sorry for the use of a potentially offensive term but I tried stuff and it just doesn’t seem to get the message across.
Or shit happens with pipelines too. =(