Common use of Operator's responsibility Clause in Contracts

Operator's responsibility. OPERATOR shall be responsible for periodic cleaning of the Maintenance Yard oil separator and for the clean up, removal and disposal for any Hazardous Materials release on the Premises or any Hazardous Materials release caused or exacerbated by Operator’s activities, including but not limited to a release of gasoline, petroleum products, diesel fuel or oil from vehicles or equipment parked or used on the Golf Course in connection with OPERATOR's activities, or releases of fertilizers, herbicides, fungicides or pesticides into the sewage or storm drain systems or into groundwater or any natural or man-made surface waters arising out of OPERATOR's operation and maintenance of the Golf Course. OPERATOR shall immediately notify the Director and all other applicable regulatory agencies of any Hazardous Materials release. OPERATOR shall timely comply with all requirements of regulatory agencies. If OPERATOR does not promptly commence and diligently pursue any required investigation, remediation or clean-up activities, CITY, in its discretion and in addition to any other rights or remedies that the CITY may have, may perform the investigation, remediation or clean-up activities. If the OPERATOR caused or exacerbated the need for the clean up, removal and disposal of Hazardous Materials, OPERATOR shall reimburse CITY within five (5) days of CITY's demand for payment or CITY may deduct the amount from any amounts owing OPERATOR; otherwise such costs shall be reimbursed by CITY. If the Golf Course or a portion of it is closed in order to investigate, remediate or clean- up a Hazardous Materials release, then Director may require the cessation of some or all activities on the Golf Course and OPERATOR shall not be entitled to payment of any fees, expense or other compensation that would otherwise accrue during this period.

Operator's responsibility. OPERATOR shall be responsible for periodic cleaning of the Maintenance Yard oil separator and for the clean clean- up, removal and disposal for any of Hazardous Materials release released on the Premises or any Hazardous Materials release caused or exacerbated by Operator’s OPERATOR'S activities, including but not limited to a release of gasoline, petroleum products, diesel fuel or oil from vehicles or equipment parked or used on the Golf Course in connection with OPERATOR's 'S activities, or releases of fertilizers, herbicides, fungicides or pesticides into the sewage or storm drain systems or into groundwater or onto any natural or man-made surface waters arising out of OPERATOR's 'S operation and maintenance of the Golf Course. OPERATOR shall immediately notify the Parks Director and all other applicable regulatory agencies of any Hazardous Materials release. OPERATOR shall timely comply with all requirements of regulatory agencies. If OPERATOR does not promptly commence and diligently pursue any required investigation, remediation or clean-up activities, CITY, in its discretion and in addition to any other rights or remedies that the CITY may have, may perform the investigation, remediation or clean-up activities. If the OPERATOR caused or exacerbated the need for the clean upcleanup, removal and disposal of Hazardous Materials, OPERATOR shall reimburse CITY within five (5) days of CITY's 'S demand for payment or CITY may deduct the amount from any amounts owing OPERATOR; otherwise such costs shall be reimbursed by CITYCity. If the Golf Course or a portion of it is closed in order to investigate, remediate or clean- clean-up a Hazardous Materials release, then the Parks Director may require the cessation of some or all activities on the Golf Course and OPERATOR shall not be entitled to payment of any fees, expense or other compensation that would otherwise accrue during this periodCourse.