Substantive Obligations Clause Samples

Substantive Obligations. As seen, in the case concerning the Kosovo lead poisoning, the HRAP found extensive violations of the ECHR as well as other international human rights instruments. The HRAP recommended, amongst others, that ‘UNMIK . . . takes appropriate steps towards payment of adequate compensation’.324 Apart from stipulating that the compensation was for both material and moral damages,325 the HRAP did not elaborate on its recommendation. As the HRAP drew heavily on ECtHR case law, its recommendation on compensation may have been inspired by Article 41 of the ECHR (‘Just satisfaction’). That provision reads as follows: ‘If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.’ As explained by ▇▇▇▇▇▇▇▇▇ regarding the ECtHR’s power under that provision: 323 Daugirdas and ▇▇▇▇▇▇▇▇▇ (2021), at 71. 324 N.M. and Others v. UNMIK, Opinion of 26 February 2016, HRAP, Case No. 26/08, 55 ILM 925 (2016), para. 349.

Substantive Obligations. In consideration of the covenants, agreements and representations hereinafter set forth, the Parties, and each of them, agree as follows:

Substantive Obligations i. Tenant shall not cause or permit any materials regulated under the Environmental Laws to be generated, manufactured, transported, treated, stored, disposed of, handled, processed, produced or released on the Premises except in substantial compliance with all applicable Environmental Laws. Tenant shall not introduce any Hazardous Material onto the Premises, except as may be customarily used in connection with the Permitted Use. ii. Tenant shall promptly notify Landlord of any Current Environmental Claim Tenant receives from any Governmental Authority or private entity. iii. Upon reasonable notice and during normal business hours, Landlord and Landlord’s agents and employees shall have the right, but not the (1) Landlord and Landlord’s agent give reasonable advance notice to Tenant of the nature, scope or duration and location of any environmental tests to be performed; (2) Landlord and Landlord’s agent conducts such tests in accordance with applicable testing protocols contained in any Environmental Laws; (3) Landlord and Landlord’s agent permits Tenant and/or its designated representative to attend and/ or participate in all such environmental tests; (4) Landlord and/or Landlord’s agent conduct no environmental tests of any of Tenant’s personal property (including but not limited to any machinery, inventory, or supplies located at the Premises) and (5) Landlord and/or Landlord’s agent conduct any such environmental tests at its or their sole expense. iv. If any Current Environmental Claim gives rise to liability under any Environmental Law that requires remediation, Tenant shall promptly take any and all action required by the Environmental Laws. v. Tenant shall indemnify, defend and hold harmless Landlord from all claims, judgments, causes of action, damages, costs, fines, penalties, liability, losses, expenses (including but not limited to actual reasonable attorneys’ fees and costs, actual reasonable engineering fees and actual reasonable environmental consulting fees) arising from or attributable to any Current Environmental Claim, provided that Landlord (I) promptly notifies Tenant in writing of such claim, (ii) provides reasonable and timely assistance, information and authority and cooperates fully in Tenant’s defense of such claim and/or settlement thereof, and (iii) permits Tenant to control the defense and/or settlement thereof. In the event a conflict of interest exists which, under the applicable canons of ethics, would prevent counsel for T...

Substantive Obligations