CERCLA definition
Examples of CERCLA in a sentence
ONCE CLOSING HAS OCCURRED, GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM LIABILITY FOR ANY LATENT DEFECTS WITH RESPECT TO THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE.
EPCM shall perform its work in a manner consistent with Applicable Laws and regulations, in conformance with site-specific requirements intended to maintain Owner’s BFPP status and other CERCLA defenses, and in a manner that does not create any new or expanded basis for potential liability arising from EPCM’s management of construction activities, but only to the extent such compliance relates to EPCM’s management of construction activities.
EPCM agrees to participate in, and will require its Subcontractors (and instruct Works Contractors) to participate in, any training reasonably deemed appropriate by Owner and documented in writing relating to compliance with CERCLA or the ASAOC.
Notwithstanding any other provision of this Agreement, EPCM’s obligations under this section shall not include any warranty or guarantee that Owner will maintain BFPP status or qualification for any CERCLA defense or be immune from CERCLA liability.
Owner further acknowledges that it has voluntarily entered into an Administrative Settlement and Order on Consent (“ASAOC”) with certain Governmental Agencies under CERCLA with respect to such Hazardous Substances present on the Project Site.