Existing Hazardous Substances Clause Samples

Existing Hazardous Substances. Architect recognizes that Hazardous Substances may exist at or beneath the ground at the Site and that certain waste materials, such as, but not limited to, drill cuttings and drilling fluids, must be handled as if contaminated until a determination as to whether they are Hazardous Substances is made. If the Architect’s Basic Services do not include the investigation or assessment of environmental conditions or Hazardous Substances, then in the event Architect or its Subconsultants encounter materials existing or otherwise present at the Site that are reasonably believed to be Hazardous Substances that have not been rendered harmless, Architect and/or Subconsultant shall report the condition to County in writing and County shall be solely responsible for arranging for and paying the costs lawfully to transport, store, treat, recycle, dispose of, or otherwise handle the Hazardous Substances present at the Site. If the Architect’s Basic Services include the investigation or assessment of environmental conditions or Hazardous Substances, then Architect shall: (1) promptly make a determination whether the materials encountered are Hazardous Substances; (2) promptly advise County of the options and costs for handling, storing and disposing of such materials (whether they are Hazardous Substances or not); (3) appropriately handle, contain and label such materials as are Hazardous Substances in accordance with Applicable Laws; (4) promptly inform County that such handling, containerization and labeling have been performed; and (5) leave the containers on Site in an appropriate designated location for lawful storage and disposal by County. County shall be solely responsible for arranging for and paying the costs to lawfully transport, store, treat, recycle, dispose of or otherwise handle Hazardous Substances generated by Architect’s proper performance of its professional services. Should the proper and lawful transportation and disposal of any such materials be required, Architect’s responsibilities shall be limited to preparing manifests or related documents for execution by County. In this regard, County shall sign all manifests and bills of lading, and approve similar documents, including subcontracts for disposal activities, that identify County as the generator/owner of any hazardous or contaminated material that is removed from the Site. County shall be solely responsible for notifying all appropriate federal, state, local or other governmental agencies of t...

Existing Hazardous Substances. Subject to the restrictions herein, as between the Lessee and the City, the City shall be responsible for the removal, disposal or other remediation of any Hazardous Substances, excluding lead-based paint, asbestos or asbestos hazards, that exist on the Premises prior to the Commencement Date as required by federal, state, or local laws or regulations.