Responsibility for Contamination Clause Samples

Responsibility for Contamination. (a) If MDOT or Project Company: (i) receives Notice from a Governmental Entity or any third party that Contamination in over, under or emanating from the Premises requires a response action or other action in order to comply with Applicable Law; or (ii) discovers or becomes aware of any Contamination in, over, under or emanating from the Premises (whether or not Project Company has caused or contributed to that Contamination), Project Company or MDOT, as applicable, must provide Notice to the other Party as soon as possible but nevertheless within 5 Business Days after the earlier of receipt of the Notice or discovery of such Contamination (as applicable). (b) Upon receipt of Project Company’s Notice under Section 10.5(a): (i) MDOT will be responsible for notifying the necessary regulatory agencies and other necessary parties; (ii) Project Company must be prepared to stop work, at the direction of MDOT or any authorized Governmental Entity, at the contaminated area after discovering the Contamination; and (iii) the MDOT Representative may direct Project Company to remediate any Contamination in, over, under or emanating from the Premises. (c) In performing the Project Operations, Project Company must: (i) not exacerbate any Pre-Existing Contamination or any other Contamination which becomes known by Project Company through physical observation (including any such observation made during excavations) or through Notice by MDOT or any other Person; (ii) not excavate Contamination without the approval of MDOT, nor shall any Contamination be excavated unless MDOT is present; (iii) minimize the excavation of Contamination to the greatest extent possible and shall take measures to ensure Contamination are not mixed with non- contaminated materials; (iv) ensure that the Project Operations (including Utility Work) does not cause a change in the groundwater flow in the area of the Project. In any Utility or excavated trench where groundwater contamination is present, backfill materials shall not be more conducive to the transfer or flow of groundwater; and (v) install bentonite plugs meeting the requirements of the MDOT Special Provision for Bentonite Plugs. (d) Without contradiction of any assertion by MDOT of third party liability Project Company is not required to execute any hazardous waste manifests as a “generator”. (e) Where the handling, remediation, transporting or disposing of Contamination under Section 10.5(b)(iii) constitutes a Contamination Relief Even...
Responsibility for Contamination 

Related to Responsibility for Contamination

  • 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. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment.

  • Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor’s website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss arising within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the Property, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Responsibility for Property Except as expressly set forth in Section 3.25, Contractor shall limit its operations to the Stage 2 Site. Contractor shall plan and conduct its operations so that neither Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon lands (other than the Stage 2 Site and Off-Site Rights of Way and Easements) or waterbodies in their natural state unless authorized by the appropriate owner or entity; (ii) close or obstruct any utility installation, highway, waterway, harbor, road or other property unless Permits are obtained and authorized by the appropriate entity or authority; or (iii) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone, conduit or electric transmission line, ditch, navigational aid, dock or structure unless otherwise specifically authorized by the appropriate entity or authority. The foregoing includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. If damage occurs to Subproject 1 or Subproject 2 prior to substantial completion of such applicable Subproject 1 or Subproject 2, liability for such damage shall be governed by the Stage 1 EPC Agreement.

  • Responsibility for Collateral The Debtors assume all liabilities and responsibility in connection with all Collateral, and the Obligations shall in no way be affected or diminished by reason of the loss, destruction, damage or theft of any of the Collateral or its unavailability for any reason. Without limiting the generality of the foregoing, (a) neither the Agent nor any Secured Party (i) has any duty (either before or after an Event of Default) to collect any amounts in respect of the Collateral or to preserve any rights relating to the Collateral, or (ii) has any obligation to clean-up or otherwise prepare the Collateral for sale, and (b) each Debtor shall remain obligated and liable under each contract or agreement included in the Collateral to be observed or performed by such Debtor thereunder. Neither the Agent nor any Secured Party shall have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Agent or any Secured Party of any payment relating to any of the Collateral, nor shall the Agent or any Secured Party be obligated in any manner to perform any of the obligations of any Debtor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent or any Secured Party in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent or any Secured Party may be entitled at any time or times.