Common use of Environmental Work Clause in Contracts

Environmental Work. The Developer shall be responsible for performing the work of any investigation and remediation which may be required by applicable law on the Site in order to develop the Project, except with respect to those conditions and Hazardous Substances excepted from the Developer's indemnification obligations including, without limitation, those referenced in the last sentence of the paragraph above entitled Indemnity. The determination as to whether any such remediation is needed, and as to the scope and methodology thereof, shall be made by mutual agreement of the governmental agency with responsibility for monitoring such remediation and the Developer. The Developer shall notify the Agency promptly upon discovery of any actionable levels of Hazardous Substances, and upon any release thereof, and shall consult with the Agency in order to establish the extent of remediation to be undertaken and the procedures by which remediation thereof shall take place. The Developer shall comply with, and shall cause its agents and contractors to comply with, all laws regarding the use, removal, storage, transportation, disposal and remediation of Hazardous Substances. The investigation and remediation work shall be carried out in accordance with all applicable laws and such other procedures and processes as may be described in this Agreement. The foregoing provision of this paragraph shall be interpreted and applied consistent with and in compliance with the procedures of and policies of the FORA PLL under which the Agency or the Developer is a named insured with respect to the Site or other portion or Phase thereof.