Hazardous Waste Materials. Mortgagor represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, the Mortgaged Property does not presently contain any hazardous wastes, hazardous substances or materials, toxic materials, or the like, as defined or designated in any federal, state, or local law or environmental statute, regulation, or ordinance, presently in effect, as amended from time to time, and as enacted in the future, including asbestos (collectively, the "hazardous or toxic materials"), nor does the Mortgaged Property, to the best of Mortgagor's knowledge, constitute an environmental hazard under any local, state, or federal laws or regulations directly or indirectly applicable to the Mortgaged Property, and, until the Liabilities are paid in full, Mortgagor covenants that Mortgagor shall not make, store, use, treat, or dispose of any hazardous or toxic materials on the Mortgaged Property, or permit any tenant to do so. Mortxxxxx xxxees to indemnify, defend, and save Mortgagee harmless from and against any and all claims, demands, suits, losses, damages, assessments, fines, penalties, costs, and expenses, including the costs of inspection, audit, cleanup, and detoxification, and including attorneys' fees whether or not suit is filed and if suit is filed, through all appellate proceedings, arising from or in any way related to personal injury or death, or to damage to property, or to a claim by any person that hazardous or toxic materials or trash, refuse, or the like, are located on or under the Mortgaged Property or in the surface water or ground water on or under the Mortgaged Property, or related to a claim by any person that the Mortgaged Property constitutes an environmental hazard, whether the claim proves to be true or false. This indemnification shall survive the repayment of all sums directly or indirectly secured by this Mortgage and shall continue for so long as Mortgagee may incur liability for hazardous or toxic materials, or trash, refuse, or the like contained in or located on or about the Mortgaged Property.
Hazardous Waste Materials. The City understands and agrees that it is fully responsible for compliance with all rules and regulations relating in any way to the use, storage, treatment, or disposal of hazardous materials, including, but not limited to, chemicals and petroleum products. The City agrees to strictly comply with all federal, state, and local regulations that in any way relate to hazardous materials. If, as a result of the City’s occupancy of the premises and its operations, any such law, ordinance, rule, or regulation is violated, the City shall assume all liability, insofar as the violation was caused by, or resulted from, the City’s operations.
Hazardous Waste Materials. All materials removed must be permanently taken out of service and disposed of in accordance with local codes and ordinances. Trade Ally shall assume full responsibility for the correct disposal of all ballast, fluorescent tubes, and other hazardous waste material in compliance with the laws and regulations of the state of Michigan and the prevailing local jurisdiction. Trade Ally is responsible for being aware of any applicable codes or ordinances. Information about hazardous waste disposal requirements for the State of Michigan can be found at xxxx://xxx.xxxxxxxx.xxx/deq/. Trade Ally shall provide the Small Business Energy Efficiency Program Team with full documentation of all hazardous waste material disposals upon request.
Hazardous Waste Materials. The Waste Management Plan and any EPP(s) requiring detail in respect of the management of Hazardous Substances, including hazardous waste, will comply with the Hazardous Waste Legislation Guide (BCMOE 2005), Section 4.8 of the CEMP and the requirements of Section 9 of Schedule 10 [Safety].
Hazardous Waste Materials. Municipal, state and federal pollution control agencies have published a list of materials that are designated hazardous. If Subcontractor intends to use any of these materials on this Project, Subcontractor must use such materials in accordance with applicable regulations. All hazardous materials must be removed from the project site when the Subcontractor Work is completed. HAZARDOUS MATERIALS MUST NOT BE DISPOSED OF IN PROJECT SITE DUMPSTERS. Subcontractor must notify all Project personnel of this requirement. In the event Subcontractor encounters on the Project site material reasonably believed to be asbestos, polychlorinated biphenyl (PCBs), or other hazardous materials, Subcontractor shall stop work in the area affected and immediately report the condition to Contractor in writing, with a copy of the report for Owner and Design Professional. Subcontract Work in the affected area shall resume promptly after Owner or qualified Contractors hired by Owner have certified that the hazardous materials have been removed or rendered harmless by proper enclosure or other appropriate techniques.
Hazardous Waste Materials. Each Entity represents and warrants that the operations of the Restaurants have not resulted in a release of hazardous waste materials at the real property on which the Restaurants are located, the real property on which the Restaurants are located has not and will not be used for the disposal or storage of hazardous waste materials by the Entities, and the Entities have no knowledge of any storage or disposal of hazardous waste materials by any third parties. Subject to SECTION 12.2 and the limits on indemnity contained therein, the Shareholders agree to defend, indemnify and hold harmless Outback and OSI from and against any and all claims, demands, judgments, damages, actions, causes of action, injuries, administrative orders, consent agreements and orders, liabilities, penalties, costs and expenses of any kind whatsoever, including claims arising out of loss of life, injury to persons, property or business or damage to natural resources in connection with the activities of the Shareholders or the Entities, or accident or event caused by any act or omission of the Shareholders or the Entities which: (i) arises out of the actual, alleged or threatened discharge, dispersal, release, storage, treatment, generation, disposal or escape of pollutants or other toxic or hazardous substances, including any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot fumes, acids, alkalis, chemicals and waste (including materials to be recycled, reconditioned or reclaimed); or (ii) actually or allegedly arises out of the use or inclusion of any product, material or process containing chemicals, or the failure to detect the existence or proportion of chemicals in the soil, air, surface water or groundwater, or the performance or failure to perform the abatement of any pollution source or the replacement or removal of any soil, water, surface water or ground water containing chemicals. Subject to SECTION 12.2 and the limits on indemnity contained therein, each Shareholder shall bear, pay and discharge when and as the same become due and payable, any and all such judgments or claims for damages, penalties or otherwise against the Shareholders, the Entities, Outback, or OSI, shall hold Outback and OSI harmless from those judgments or claims, and shall assume the
