Issue 1, 2018

27 www.ortrucking.org Issue 1 | 2018 defend and save harmless Hiland Group . . . from and against any and all claims, demands, judgments, defense costs, or suits . . . in any way, directly or indirectly, arising out of or related to the performance of this Contract.” Missouri Basin and B & B Heavy Haul, LLC (B&B) entered into a master service contract on May 24, 2011, in which B&B agreed to provide various services to Missouri Basin, including hauling water and other products from the gas plant. B&B, as “Carrier,” agreed “to provide the transportation services required by [Missouri Basin] and Customer.” In that master service contract, B&B agreed to “indemnify, defend, and save harmless [Missouri Basin] and the Customer from any and all claims, demands, judgments, defense costs, or suits . . . in any way, directly or indirectly, arising out of or related to the performance of this Contract.” As you can see, the indemnification clauses mirror each other. Contractually, B&B is required to indemnify Missouri Basin to the same degree as Missouri Basin is required to indemnify Hiland. In October 2011, Hiland requested Missouri Basin remove water from condensate tanks at the Watford plant. Missouri Basin contacted B&B, which sent Lenny Chapman to the gas plant. Chapman arrived shortly after midnight. He and an employee of Hiland, James Olson, began connecting the tank to the B&B truck that Chapman was driving. After Chapman’s truck was connected to the loading facility, but before any water was unloaded, condensate containing petroleum overflowed from the top of the condensate tank. Upon observing this, Olson notified the control room, told Chapman he better shut off his truck, and took off running. At that point, there was an explosion and flash fire that