Common use of Major Changes Clause in Contracts

Major Changes. Each Member business is responsible to protect and safeguard the environment and the health and safety of individuals. To that end, understanding that certain actions by a Member business could adversely affect: a) the BPS site, b) the property(ies) and assets of other Member businesses; c) the health and safety of individuals; and/or d) the environment; each Member business is required to ensure that its activities do not cause any Material Offsite Impact(s). Therefore, not less than sixty (60) days prior to commencing the detailed engineering for any planned: a) expansion of current facilities, b) construction of new buildings or facilities; c) demolition of buildings, facilities and related appurtenances; d) introduction of new chemicals; e) material change to the source(s) or nature of discharges or emissions to the environment; or f) material change to the nature or location of any facilities, operations or activities; on its site, each Member business shall provide the BPS Operator with written notice of such planned activity(ies), detailed layout, hazard and operability plans for such activity(ies) and a reasonable opportunity to comment on any health, safety and/or environmental issues arising from such planned activity(ies). Such notice shall include a detailed description of the planned activity(ies) as well as, if applicable, a listing of hazardous and flammable materials. If the BPS Operator is not satisfied with the Member business’ planned activity(ies) due to concern that the proposed activity(ies) would impose a significant risk of Material Offsite Impact(s), the BPS Operator will advise the Member business of its concerns within thirty (30) days of its receipt of the aforementioned plans. The Member business shall provide a written response to the BPS Operator’s concerns within fifteen (15) days of receiving such concerns, and if, on the basis of Reasonable Professional Judgment, any changes sought by the BPS Operator and / or any other changes are reasonably necessary to ensure that no Material Offsite Impact is caused by the planned activity(ies), the Member business shall make such changes to its plans. If the Member business does not make such changes to its plans and proceeds with its planned activity(ies) contrary to the provisions of these Rules, the BPS Operator reserves the right to seek damages and, where damages would be inadequate due to the nature of the activity in question, seek injunctive relief to prohibit such activity(ies). If there is a material risk that a Member business’ proposed activity(ies) could have an adverse impact on another Member business’ property, assets and/or personnel, the Member business shall also notify the other Member business and allow that business the opportunity to provide input on any health, safety and/or environmental issues of interest to it. Prior to the disclosure of any confidential information for these purposes, a Member business and/or the BPS Operator may, as the case may be, require that an appropriate written confidentiality undertaking be executed between the parties. Each Member business acknowledges and agrees that any of the aforementioned activities are its own, sole responsibility and that no review of such activity by the BPS Operator shall result in any loss, damages or liability to the BPS Operator, nor shall such review reduce the responsibility and obligations of the Member business arising from or in connection with its activity. Each Member business is also asked to provide the BPS Operator with copies of any environmental applications and building permit applications. In the event of a new construction and/or expansion of a building/facility, the Member business and the BPS Operator shall, where applicable, discuss any impact of the activity on existing alarms and emergency response protocols.