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.
DISCOVERY OF HAZARDOUS MATERIALS. In the event the Contractor encounters or suspects the presence on the site of material reasonably believed to be asbestos, polychlorinated biphenyl (PCB), or any other material defined as being hazardous by California Health and Safety Code section 25249.5, which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the District in writing, whether or not such material was generated by the Contractor or the District. The work in the affected area shall not thereafter be resumed, except by written agreement of the District and the Contractor, if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other hazardous material, and has not been rendered harmless. The work in the affected area shall be resumed only in the absence of asbestos, polychlorinated biphenyl (PCB), or other hazardous material, or when it has been rendered harmless by written agreement of the District and the Contractor.
DISCOVERY OF HAZARDOUS MATERIALS. If Design-Builder encounters any Hazardous Material in or on the Site not already identified by the AHERA Survey provided in the RFP Documents which creates an imminent or substantial safety or health hazard for Owner, Design- Builder, any Subcontractor or their employees, agents or representatives, or the general public or the surrounding environment, Design-Builder shall suspend the performance of the Work to the extent required to avoid any such safety or health hazard until action sufficient to protect the interests of such parties is taken. Design-Builder shall notify Owner immediately upon encountering any Hazardous Materials in or on the Site, and shall thereafter follow the directions of Owner.
DISCOVERY OF HAZARDOUS MATERIALS. If Design-Builder encounters any Hazardous Material in or on the Site which creates an imminent or substantial safety or health hazard for Owner, Design-Builder, any Subcontractor or their employees, agents or representatives, or the general public or the surrounding environment, Design-Builder shall suspend the performance of the Work to the extent required to avoid any such safety or health hazard until action sufficient to protect the interests of such parties is taken. Design-Builder shall notify Owner immediately upon encountering any Hazardous Materials in or on the Site, and shall thereafter follow the directions of Owner.
DISCOVERY OF HAZARDOUS MATERIALS. In the event the Contractor encounters on the Jobsite material reasonably believed to be a Hazardous Material by any federal, state or local authority, which has not been rendered harmless, the Contractor shall immediately stop Work in the affected area and report the condition to the Owner orally and in writing. Except as otherwise provided in Paragraph 9.1.3, below, the Owner, at its expense, shall be responsible for obtaining the services of a properly licensed laboratory to verify the presence or absence of the Hazardous Materials reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. The Work in the affected area shall not be resumed except by written agreement of the Owner and Contractor if the material is a Hazardous Material and has not been rendered harmless. The Work in the affected area shall be resumed immediately following the occurrence of any one of the following events:
DISCOVERY OF HAZARDOUS MATERIALS. If Contractor discovers pre-existing Hazardous Materials at a Site during performance of the construction Work for a SGF, Contractor shall promptly cease any Work in the affected area and report the condition to Owner. Owner and Contractor shall be jointly responsible for notifying the appropriate Governmental Authority of any pre-existing Hazardous Materials discovered at, under, or on the Site. The discovery of latent pre-existing Hazardous Materials that were not reasonably discoverable as a result of Contractor’s Site investigations prior to the Effective Date shall entitle Contractor to a Change Order pursuant to ARTICLE 8 either (i) adjusting the Project Schedule (including the Guaranteed Substantial Completion Date) for the relevant SGF(s) for the period of delay required for the Applicable Local Unit to remove or to remediate all such Hazardous Materials in accordance with Applicable Law and to the reasonable satisfaction of Contractor, or (ii) removing the affected SGF from Contractor’s Scope of Work.
DISCOVERY OF HAZARDOUS MATERIALS. If Hazardous Materials are discovered upon, in, or under the Premises, and any governmental agency or entity having jurisdiction over the Premises or any Hazardous Material Law requires the removal or remediation of such Hazardous Materials, (i) Tenant shall be responsible for removing and remediating those Hazardous Materials arising out of or related to (x) any breach of the provisions of Section 15.2 above or (y) any act or omission of Tenant, it affiliates, sublessees, assignees or the employees, agents, invitees, licensees, contractors or representatives of any of the foregoing on or about the Premises, and (ii) Landlord shall be responsible for removing and remediating any Hazardous Materials released on, in, under or about the Premises by Landlord or Landlord’s employees, agents, invitees, licensees, contractors or representatives at Landlord’s expense. Notwithstanding the foregoing, Tenant shall not take any remedial action in or about the Premises without first notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to protect Landlord’s interest with respect thereto.
DISCOVERY OF HAZARDOUS MATERIALS. If PG&E discovers Hazardous Materials that are not included or previously disclosed in writing in the disclosure list provided by Customer, per Section II.C.2.a, during the course of providing Turnkey Services, PG&E will immediately cease work, remove all PG&E personnel or subcontractors from the site, and shall notify Customer. Customer will be responsible for handling and removal of such Hazardous Materials at its expense, and Customer will bear the sole risk and responsibility. PG&E will not resume the Turnkey Services until such Hazardous Materials have been removed and/or remediated to PG&E’s reasonable satisfaction. Any schedule delay or increase in the Turnkey Services or costs as a result of the presence of Hazardous Materials shall be grounds for a WO modification.
DISCOVERY OF HAZARDOUS MATERIALS. If (a) Hazardous Materials are discovered upon the Premises; (b) Landlord has been given written notice of the discovery of such Hazardous Materials; and (c) pursuant to the provisions of this Section 9 Tenant is not obligated to pay the cost of compliance with Hazardous Materials Laws, Landlord may voluntarily, but shall not be obligated to, agree with Tenant to take all action necessary to bring the Premises into compliance with Hazardous Materials Laws at Landlord's sole cost. If Landlord fails to notify Tenant in writing within 30 days of the notice to Landlord of the discovery of such Hazardous Materials that Landlord intends to voluntarily take such action as is necessary to bring the Premises into compliance with Hazardous Materials Laws, Tenant may, (1) bring the Premises into compliance with Hazardous Materials Laws at Tenant's sole cost; or (2) provided such Hazardous Materials endanger persons or property in, on, or about the Premises or interfere with Tenant's use of the Premises, give the Landlord, within 20 days after the expiration of the 30 day period, notice that it intends to terminate the Lease on a stated date, which shall not be less than 30 days following the date Tenant gives Landlord such notice.
DISCOVERY OF HAZARDOUS MATERIALS. In the event (a) Hazardous Materials are discovered upon the Demised Premises, (b) Landlord has been given written notice of the discovery of such Hazardous Materials, and (c) pursuant to the provisions of Section 9.7, neither Landlord nor Tenant is obligated to pay the cost of compliance with Hazardous Materials Laws, then and in that event Landlord may voluntarily but shall not be obligated to agree with Tenant to take all action necessary to bring the Demised Premises into compliance with Hazardous Materials Laws at Landlord’s sole cost. In the event Landlord fails to notify Tenant in writing within thirty (30) days of the notice to Landlord of the discovery of such Hazardous Materials that Landlord intends to voluntarily take such action as is necessary to bring the Demised Premises into compliance with Hazardous Materials Laws, then Tenant as its sole and exclusive right and remedy against Landlord therefor may bring the Demised Premises into compliance with Hazardous Materials Laws at Tenant’s sole cost.
