Common use of EPA Certification Clause in Contracts

EPA Certification. Covanta will use commercially reasonable efforts during the term hereof to obtain United States Environmental Protection Agency certification for use of the diesel oil to be produced by the Systems to be used as a fuel in highway motor vehicles in the Unites States. Covanta shall take the lead with respect to the necessary activities for securing such certification, including preparing and submitting applications to, and making necessary contacts with, the United States Environmental Protection Agency, Execution Copy 11 and Global shall reasonably cooperate with such efforts to be undertaken by Covanta. Covanta shall track all the costs incurred in connection with the necessary activities (including costs for necessary tests, meetings with agency officials, third party consultants, the preparation of written reports and applications and any government relations activities) using Covanta’s existing cost accrual and tracking systems. Prior to incurring such costs, Covanta shall provide Global with a schedule of the reasonably expected costs related to such activities, the third party vendors and other expenses expected to be incurred by Covanta for prior approval by Global and Global agrees to not unreasonably withhold or delay its approval. The Parties agree that Covanta shall be reimbursed by Global for fifty percent (50%) of all the costs and expenses which are incurred by Covanta in connection with seeking such fuel certification, all such costs to be supported by proper verification of such costs and expenses, including invoices.

EPA Certification. Covanta will use commercially reasonable efforts during the term hereof to obtain United States Environmental Protection Agency certification for use of the diesel oil to be produced by the Systems to be used as a fuel in highway motor vehicles in the Unites States. Covanta shall take the lead with respect to the necessary activities for securing such certification, including preparing and submitting applications to, and making necessary contacts with, the United States Environmental Protection Agency, Execution Copy 11 and Global shall reasonably cooperate with such efforts to be undertaken by Covanta. Covanta shall track all the costs incurred in connection with the necessary activities (including costs for necessary tests, meetings with agency officials, third party consultants, the preparation of written reports and applications and any government relations activities) using Covanta’s existing cost accrual and tracking systems. Prior to incurring such costs, Covanta shall provide Global with a schedule of the reasonably expected costs related to such activities, the third party vendors and other expenses expected to be incurred by Covanta for prior approval by Global and Global agrees to not unreasonably withhold or delay its approval. The Parties agree that Covanta shall be reimbursed by Global for fifty percent (50%) of all the costs and expenses which are incurred by Covanta in connection with seeking such fuel certification, all such costs to be supported by proper verification of such costs and expenses, including invoices.