Prohibited Activities-Environmental Hazards Sample Clauses

Prohibited Activities-Environmental Hazards i. Developer shall install and maintain the Processing Facility and conduct all operations in an environmentally sound manner in accordance with all applicable federal, state and local laws and regulations, and the requirements of any governmental authorities charged with the duty to regulate such operations from time to time. In connection with this, Developer shall perform the initial and final environmental site assessments of the Project Site at Developer’s cost, as set out in the Appendix, Section 3.9. Developer shall not use, store or dispose of any hazardous materials on the Project Site, except to the extent such substances are required for the Permitted Uses, and any such substances shall be used, stored and disposed of in a safe manner and in compliance with all applicable governmental regulations. Developer shall ensure that all contractors of Developer comply with the terms of this section. In the event Developer is notified of any environmentally harmful or dangerous conditions on the Project Site resulting from Developer's operations or activities thereon, Developer shall promptly take all actions at its sole cost and expense required to clean up and correct such dangerous or harmful conditions in accordance with applicable law and regulations and sound engineering practices. Phoenix shall have no responsibility to inspect or oversee Developer's operations or to identify or correct any potentially harmful, dangerous or damaging conditions. Phoenix shall have no right to control any details of Developer's operations, nor to designate or control Developer's contractors or subcontractors. Neither Developer nor any of its contractors or subcontractors shall have any right of contribution or indemnity from Phoenix for any matters relating to operations or activities on the Project Site or conditions on the Project Site, except to the extent allowed by law, and to the extent such matters arise from conditions that existed on the Effective Date at the Project Site or at rights of way granted to Developer or that were caused by the acts or omissions of Phoenix. Developer agrees to indemnify and hold Phoenix harmless from any and all costs, expenses and liabilities Phoenix might incur relating to any harmful, damaging or dangerous conditions arising from operations or activities by Developer under this Agreement, except to the extent they arise from conditions that existed on the Effective Date at the Plant, including the Project Site and rights of wa...
AutoNDA by SimpleDocs

Related to Prohibited Activities-Environmental Hazards

  • Environmental Hazards (a) Except for matters described in Section 18(b), Borrower shall not cause or permit any of the following:

  • 342 Hazardous Substances Purchaser shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of Sale Area that are caused by Purchaser’s employees, agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of Purchaser’s Operations, in accordance with 40 CFR 302.

  • Toxic or Hazardous Substance Any substance designated or defined as toxic or hazardous under any “Environmental Law” or that poses a risk to human health or safety, or the environment, and products and materials containing such substance. “

  • No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.

  • DISCOVERY OF HAZARDOUS MATERIALS If, during the performance of the Work, Contractor or Contractor’s subcontractor(s) encounter material believed to be asbestos, polychlorinated biphenyl (PCB), or any other identified or non-identified potentially hazardous material (which has not been rendered harmless and labeled as such), Contractor and Contractor’s subcontractor(s) shall immediately stop work in the area affected and report the condition, in writing, to District. The Work in the affected area shall not continue or be resumed except by written direction of District and by agreement by Contractor.

  • Hazardous Substance Hazardous Substance" shall mean any chemical, substance, material, or waste, including without limitation asbestos, PCBs and formaldehyde, that is defined, classified, listed, or designated as hazardous, toxic, or radioactive, or by other similar term, by any federal, state, or local environmental statute, regulation, rule, order, or ordinance presently in effect.

  • Obligation to Notify Owner of Existing Hazardous Materials The Contractor shall immediately notify the Owner and the Design Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Site of which it becomes aware. If the Contractor encounters Hazardous Materials on the Site the Contractor shall (i) immediately stop performance of Work or that portion of the Work affected by or affecting such Hazardous Materials; (ii) secure the contaminated area against intrusion; (iii) not disturb or remove the Hazardous Materials; (iv) not proceed, or allow any subcontractor or supplier to proceed, with any Work or other activities in the area affected by such Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by the Owner; and, (v) take any other steps necessary to protect life and health and the surrounding environment. The Contractor shall be entitled to adjustment of the Contract Time and the Contract Sum pursuant to Section 5, Part 2 of these General Conditions in order to compensate for the impact of any required demolition, re-work, shutdown, delay, protection of work, disruption, and start-up resulting from the encountering of such Hazardous Materials on the Site for which the Contractor is not responsible.

  • 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.

  • 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.

Time is Money Join Law Insider Premium to draft better contracts faster.