Common use of Environmental Pollution Clause in Contracts

Environmental Pollution. Execution of this Agreement constitutes a certification by AAF that the Project will be carried out in conformance with all applicable environmental laws and regulations including those relating to: (a) the manufacture, processing, use, distribution, existence, treatment, storage, disposal, generation, and transportation of hazardous substances and pollutants; (b) air, soil, surface and subsurface strata, stream sediments, surface water, and groundwater; (c) releases of hazardous substances and pollutants; (d) protection of wildlife, endangered, and threatened species and species of special concern, wetlands, water courses and water bodies, historical, archeological, and paleontological resources, and natural resources; (e) the operation and closure of underground storage tanks (if any) installed by AAF; (f) health and safety of employees and other persons with respect to hazardous substances; (g) notification, documentation, and record keeping requirements relating to the foregoing; and (h) the securing of any applicable permits. AAF will be responsible for any liability in the event of AAF’s non-compliance with applicable environmental laws or regulations, including the securing of any applicable permits, and for any liability that results from AAF’s (or its contractor’s) failure to exercise due care and take reasonable precautions with respect to any hazardous material or substance or pollution existing on the Property, taking into consideration the characteristics of such hazardous material or substance or pollution, in light of all relevant facts and circumstances, and will reimburse the Department for any loss incurred in connection therewith. If in the course of, and as a result of, construction of the Project remediation of any hazardous material or substance or pollution existing on the Property as of the Effective Date is required by law, AAF shall timely perform, or cause to be performed, such remediation work as is required under applicable law. AAF and the Department shall share equally in the cost of such remediation; provided, however, that if the Department has actual knowledge that any such hazardous material or substance or pollution exists on the Property as of the Effective Date, and the existence thereof was not made known to AAF, in writing, prior to the Effective Date, then the Department shall be responsible to pay the entire cost of the remediation work. The provisions of this Section 22 shall survive the expiration or earlier termination of this Agreement.