James v. GETTY OIL CO.(EAST. OPERATIONS)

O’HARA, Judge.

The instant case is a consolidation of several actions, all of which involve a dispute between Getty Refining and Marketing Co. (“Getty”) and Catalytic, Inc. (“Catalytic”) concerning an indemnity clause included in a contract between Getty Oil Company (Eastern Operations), Inc., predecessor to Getty, and Catalytic.

Article VII of the Delaware Refinery Maintenance Contract (“Contract”), which covers the parties’ respective liabilities for various phases of their ongoing business relationship, states as follows:

There shall be excluded from the costs includible in the compensation…