DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. CLIENT represents and warrants that it has made reasonable efforts to discover and has informed ALPHA of known or suspected hazardous materials on or near the Project site. The parties acknowledge that hazardous materials may exist at a site even if there is no reason to believe they are present. ALPHA and CLIENT agree that the discovery of such unanticipated hazardous materials constitutes a changed condition that shall require either a re-negotiation of the scope of ALPHA’s Services or termination of this Agreement without cause. CLIENT recognizes that the discovery of hazardous materials may necessitate immediate protective measures to safeguard the public health and safety and shall compensate ALPHA for measures that, in ALPHA’s sole professional discretion, are necessary and justified to preserve and protect the health and safety of site personnel and the public. CLIENT also shall compensate ALPHA for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. ALPHA shall notify CLIENT as soon as practicable should unexpected hazardous materials be encountered at the site that pose a threat to human health, safety and the environment. CLIENT agrees that, in the event of the discovery of hazardous materials at the site, it shall report such discovery to the proper authorities as required by Federal, State, and local regulations. CLIENT agrees to make the required report at the recommendation of ALPHA, or, if unable to do so, authorizes ALPHA to make such report. CLIENT shall also inform the Project site owner in the event that hazardous materials are encountered at the site. Notwithstanding any other provision of this Agreement, CLIENT waives any claim against ALPHA, and to the maximum extent permitted by law, agrees to defend, indemnify, and hold ALPHA harmless from any claim, liability and/or defense costs for damage, injury or loss arising from or in any way related to the presence of hazardous materials on the project site, including any costs created by delay of the project and any costs associated with possible reduction of the property’s value. CLIENT is responsible for ultimate disposal of any samples secured by ALPHA that are found to be contaminated, at CLIENT’s sole cost and expense.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. 7.1 Client warrants that a reasonable effort has been made to inform UES of known or suspected hazardous materials on or near the project site.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. Matrix and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of Services and compensation for the Services or termination of the Agreement. Xxxxxx agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT authorizes Matrix to take measures that in Xxxxxx's professional opinion are justified or legally required to preserve and protect the health and safety of Matrix's personnel and the public, and/or the environment, and the CLIENT agrees to compensate Matrix for the additional cost of such measures. In addition, the CLIENT waives any claim against Matrix, and agrees to indemnify, defend and hold Matrix harmless from any claim or liability for injury or loss arising from Matrix's encountering, reporting or responding to unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate Matrix for time spent and expenses incurred by Matrix in defense of any such claim, with such compensation to be based upon Matrix's prevailing fee schedule and expense reimbursement policy.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist where there is no reason to believe they could or should be present. PATH and the Client agree that the discovery of unanticipated hazardous materials may constitute a changed condition mandating a renegotiation of the scope of work or termination of services at the election of either party. PATH and the Client also agree that the discovery of unanticipated hazardous materials may make it necessary for PATH to take immediate measures to protect human health and safety, and/or the environment. XXXX agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. 5.1 Client warrants that a reasonable effort has been made to inform XXXXXX of known or suspected hazardous materials on or near the project site. Under this agreement, the term hazardous materials include hazardous materials (40 CFR 172.01), hazardous wastes (40 CFR 261.2), hazardous substances (40 CFR 300.6), petroleum products, polychlorinated biphenyls, and asbestos.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. The discovery of unanticipated hazardous materials shall constitute a substantial change in the condition of the jobsite and shall mandate a renegotiation of the scope of the Work and, if such • renegotiation is not successful, termination of the project in the discretion of MEG. MEG shall notify Client as soon as practicable if unanticipated hazardous materials are encountered. The discovery of unanticipated hazardous materials shall make it necessary for MEG to take immediate measures to protect human health and safety and Client authorizes MEG to take all measures that MEG determines in its sole discretion are justified to protect human health and safety, including that of MEG’s personnel and the public. Client waives any claim against MEG and shall indemnify, defend and hold harmless MEG from any and all claims arising out of the encountering of unanticipated hazardous materials or suspected hazardous materials. Client shall compensate MEG for the costs of all work associated with each such event based upon MEG’s prevailing fee schedule.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. 12.1 Hazardous materials or other toxic substances may exist at a site where there is no reason known to Client to believe they could or should be present. Lownxx xxx Client agree that the discovery of unanticipated potentially hazardous materials constitutes a changed condition mandating a renegotiation of the scope of Work or termination of Work. Lownxx xxx Client also agree that the discovery of unanticipated potentially hazardous materials may make it necessary for Lownxx xx take immediate measures to protect public health, safety, and the environment. Lownxx xxxees to notify Client as soon as practically possible should unanticipated hazardous materials be encountered. Client encourages Lownxx xx take any or all measures that in Lownxx'x xxxfessional opinion are justified to preserve and protect the health and safety of Lownxx'x xxxsonnel, the public, and the environment, and Client agrees to compensate Lownxx xxx the cost of such services. Further, the Client agrees to defend and indemnify Lownxx xxxm any and all claims, damages, costs, and losses arising out of or in any way related to subsurface sampling, including, but not limited to, claims, damages, costs, and losses arising from cross-contamination except when the Claim arises from the sole negligence of Lownxx xx where the Claim arises from the willful, wanton, or reckless conduct of Lownxx.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Client agrees that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Client also agrees that the discovery of unanticipated hazardous materials could make it necessary for Consultant to take immediate measures to protect human health, safety, or the environment. Consultant agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages Consultant to take any and all measures that in Consultant’s professional opinion are justified to preserve and protect the health and safety of Consultant’s personnel, and Client agrees to compensate Consultant for the additional cost of such work. In addition, Client waives any claim against Consultant, and agrees to indemnify, defend, and hold Consultant harmless from any claim or liability for injury, loss or perceived loss arising from Consultant’s encountering of unanticipated hazardous materials or suspected hazardous materials. Client acknowledges that discovery of hazardous materials or suspected hazardous materials may lead to a temporary or permanent diminution of property value, and/or may cause delays in or otherwise affect completion of the real estate transaction Client now contemplates.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist where there is no reason to believe they could or should be present. L-S and the Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. L-S and the Client also agree that the discovery of unanticipated hazardous materials may make it necessary for L-S to take immediate measures to protect human health and safety and/or environment. L-S agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Client encourages L-S to take any and all measures that, in L-S’s professional opinion, are justified to preserve and protect the health and safety of L-S’s personnel and the public and/or the environment. The Client agrees to compensate L-S for the additional cost of such work. In addition, the client waives any claim against L-S and agrees to indemnify, defend, and hold harmless L-S from any claim or liability for injury or loss arising from L-S’s encountering unanticipated hazardous materials or suspected hazardous materials. The client also agrees to compensate L-S for any time spent and expenses incurred by L-S in defense of any such claim, with such compensation to be based upon L-S’s prevailing Standard Rate Schedule and expense reimbursement policy.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist where there is no reason to believe they could or should be present. POND and the Client agree that the discovery of unanticipated hazardous materials may constitute a changed condition mandating a renegotiation of the scope of work or termination of services at the election of either party. POND and the Client also agree that the discovery of unanticipated hazardous materials may make it necessary for POND to take immediate measures to protect human health and safety, and/or the environment. XXXX agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Client encourages POND to take any and all prudent “first aid” measures that in XXXX's opinion are justified to preserve and protect the health and safety of POND's personnel and the public, and/or the environment, and the Client agrees to compensate POND for reasonable additional cost of such work. The Client waives any claim against POND, and agrees to indemnify, defend and hold POND harmless from any claim or liability for injury or loss arising from XXXX's encountering unanticipated hazardous materials. The Client also agrees to compensate POND for any time reasonably spent and expenses incurred by POND in defense of any such claim, with such compensation to be based upon XXXX's prevailing fee schedule and expense reimbursement policy. The Client is fully responsible for and assumes all risks associated with such conditions.
