Future Perchlorate Contamination Disputes Sample Clauses

Future Perchlorate Contamination Disputes. If there is a dispute with respect to Future Perchlorate Contamination pursuant to Article 10 hereof, any Plaintiff may elect, in its sole discretion, to arbitrate said Future Perchlorate Contamination dispute in accordance with the provisions of Article 10 and this Section 13.3.2. A Plaintiff electing to arbitrate shall initiate the arbitration procedure described below by delivery of a Demand for Arbitration to all other Parties (excluding any that no longer legally exist) no later than thirty (30) Days either (i) after receipt of Xxxxxxxxx’x decision regarding an acceptable AISLIC Future Perchlorate Determination of Coverage as required by Section 10.1.1, or (ii) the expiration of the Notice Period under Section 10.1.1, whichever is later. Within fifteen (15) days of the selection or determination of the panel of arbitrators pursuant to Article 13.2.1 hereof, each party to the dispute shall submit to the arbitrators, and serve on all parties to the arbitration, a short statement of the dispute, their respective positions, and a proposed discovery and hearing schedule. The arbitrators shall be empowered to resolve all issues of law and fact relating to the dispute, including without limitation any issues relating to liability, compensatory damages, response costs and/or the nature and scope of the remedy associated with the presence of perchlorate, but shall not be empowered to award injunctive or declaratory relief. However, the arbitrators designated for any Future Perchlorate Contamination Dispute, may retain continuing jurisdiction after they render a final, binding decision to resolve any additional response cost and damage claims thereafter arising from the same, continuous or related pollution conditions that are involved in the dispute for which they originally were designated. The Parties acknowledge and agree that each of the Plaintiffs, in its sole discretion, reserves the right to seek declaratory and/or injunctive relief in a state or federal court action against Defendants respecting any Future Perchlorate Contamination Dispute, notwithstanding the initiation or resolution of any arbitration proceeding under this Article 13. The Plaintiffs agree that they will refrain from pursuing any claim or lawsuit for injunctive or declaratory relief against Defendants based on the same factual circumstances, pending receipt of the arbitrator’s determination.
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Related to Future Perchlorate Contamination Disputes

  • Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.

  • Environmental Contamination Neither Party shall in any event be liable to the other Party for any costs whatsoever resulting from the presence or release of any environmental hazard such Party did not cause or contribute to causing. Each Party shall, at the other Party's request, indemnify, defend, and hold harmless the other Party, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys fees) that arise out of or from (i) any environmental hazard that such Party, its contractors or agents caused in the work locations or (ii) the presence or release of any environmental hazard for which such Party is responsible under Applicable Law. In the event both Parties contribute to such environmental hazard, they shall each proportionately bear such liability.

  • Dangerous Goods, Special Wastes, Pesticides and Harmful Substances Where employees are required to work with or are exposed to any dangerous good, special waste, pesticide or harmful substance, the Employer shall ensure that the employees are adequately trained in the identification, safe handling, use, storage, and/or disposal of same.

  • Prohibition Against Selecting and Installing Products Containing Hazardous Materials The Contractor shall not select, install or otherwise incorporate any products or materials containing Hazardous Materials within the boundaries of the Site. Should the Contractor or any Subcontractors have knowledge that, or believe that, an item, component, material, substance, or accessory within a product or assembly selected by the Contractor or any Subcontractor may contain Hazardous Materials it is the Contractor’s responsibility to secure a written certification from the manufacturer of any suspected material which identifies the specific Hazardous Material(s) contained, together with the Material Safety Data Sheets (MSDS) for such materials which shall be submitted to the Owner and Design Professional.

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law.

  • Accidents and Dangerous Occurrences The Hirer must report all accidents involving injury to the public to a member of the Village Hall management committee as soon as possible and complete the relevant section in the Village Hall’s accident book. Any failure of equipment belonging to the Village Hall or brought in by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be reported on a special form to the local authority. The Hall Secretary will give assistance in completing this form. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

  • Mold The Resident acknowledges that to avoid mold growth it is important to prevent excessive moisture buildup and agrees to remove visible moisture accumulation as soon as it occurs and immediately report to Owner any evidence of excess moisture or mold or mildew inside the Home. Resident acknowledges receipt of the “Mold Information and Prevention Addendum”, which is fully executed and incorporated herein by reference.

  • Dangerous Materials Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Contractor Sensitive Information 17.1 The Authority must:

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