RELEASES OF HAZARDOUS SUBSTANCES. If Contractor or Contractor’s subcontractor(s) dump, pour, spill, bury, place, discharge or otherwise release any hazardous materials, waste or substances into or onto the Site or property in the vicinity of the Site, whether intentionally or otherwise, Contractor shall be solely responsible and liable for any and all costs and/or delays attributable to such release, including, but not limited to, costs of any necessary correction of the Work; any and all investigations, analyses, removals, abatements, decontaminations or other actions necessary to correct such release, including, without limitation, costs incurred by District for additional administrative and professional services and for laboratory services, consultants, and contractors; and any injury to any person and/or damage to any property arising or alleged to have arisen from the violation. To the fullest extent permitted by applicable law, Contractor shall indemnify, defend and hold harmless District with respect to any and all costs and other liabilities, including attorneys’ fees, arising from any such release.
RELEASES OF HAZARDOUS SUBSTANCES. If there is any Release of any Hazardous Substance in, on, under, from or about the Premises in violation of, or requiring any Clean-Up (as defined below), in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, remedial and other Clean-up action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property are remediated to a condition allowing unrestricted use of the Premises for human use and occupancy, including without limitation for the Permitted Use, all in accordance with the provisions and requirements of this Section 7.6. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about the Premises, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant in response to any such regulatory order or directive. Notwithstanding anything contained in this Section 7.6, if the presence or Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by Landlord or its agents, employees or contractors, (b) results from a condition existing on the Effective Date, (c) results from the migration of Hazardous Substances onto the Property from a neighboring property, or (d) results from the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that suc...
RELEASES OF HAZARDOUS SUBSTANCES. Upon any release of any hazardous substance in connection with the Work, whether relating to a pre-existing condition or acts or omissions of Contractor, Contractor shall take immediate action reasonably necessary to contain the release and if the hazardous material release is not a Contractor release, Owner will pay Contractor the reasonable costs incurred by Contractor in taking such containment action. Owner may elect to have Contractor control and carry out any containment, clean-up, removal and remediation activity needed, provided that if the release is not a Contractor release, Owner will be responsible to pay Contractor for such Contractor containment activities in accordance with Section 10.4 of these General Conditions, including allowance of additional Contract Time thereunder.
RELEASES OF HAZARDOUS SUBSTANCES. Upon any Release of any Hazardous Substance in connection with the Work, whether relating to a pre-existing condition on Owner’s property (for example, arising from any demolition of, modification of, or addition to any structure, facility or equipment) or relating to acts or omissions of Contractor, a Subcontractor or a Sub-subcontractor, Contractor shall take any immediate action reasonably necessary to contain the Release. Owner may elect to have Contractor control and carry out any containment, clean-up, removal and remediation activity. Alternatively, Owner shall have the right to elect to control and carry out any containment, clean-up, removal and remediation activity. Regardless of who takes the actions, Contractor shall absorb, without reimbursement from Owner, all costs and expense incurred by Contractor in connection with any Contractor Release. In addition, Contractor shall pay or reimburse Owner for all costs and expenses incurred by Owner relating to any Contractor Release. If the amount is not paid promptly, Owner may offset the amount against any amount payable by Owner to Contractor under the Contract Documents or otherwise. Remediation, removal, and other cleanup action arising from any Release shall be in full compliance with Environmental Law and OSHA and shall be subject to approval by Owner. In addition, Owner may require remedial, removal or other cleanup action in excess of applicable minimum requirements of Environmental Law and OSHA (A) as reasonably necessary or appropriate in the judgment of Owner to permit human use and habitation of Owner’s property and to permit use of Owner’s property as a public university, and (B) as reasonably consistent in the judgment of Owner with such habitation and uses.
RELEASES OF HAZARDOUS SUBSTANCES. Upon any release of any hazardous substance in connection with the Work, whether relating to a pre-existing condition or acts or omissions of Design-Builder, Design-Builder shall take immediate action reasonably necessary to contain the release and if the hazardous material release is not a Design-Builder release, Owner will pay Design-Builder the reasonable costs incurred by Design-Builder in taking such containment action. Owner may elect to have Design-Builder control and carry out any containment, clean-up, removal and remediation activity needed, provided that if the release is not a Design-Builder release, Owner will be responsible to pay Design-Builder for such Design-Builder containment activities in accordance with Article 9.4 of these General Conditions, including allowance of additional Contract Time thereunder.
RELEASES OF HAZARDOUS SUBSTANCES. Upon any release of any hazardous substance in connection with the Work, whether relating to a pre-existing condition or acts or omissions of Contractor, Contractor shall take immediate action reasonably necessary to contain the release. Owner may elect to have Contractor control and carry out any containment, clean-up, removal and remediation activity needed, provided that if the release is not a Contractor release, Owner will be responsible to pay Contractor for such Contractor containment activities in accordance with Section 11.4 of these General Conditions, including allowance of additional Contract Time thereunder.
RELEASES OF HAZARDOUS SUBSTANCES discharge or otherwise release any hazardous materials, waste or substances into or onto the Site or property in the vicinity of the Site, whether intentionally or otherwise, Contractor shall be solely responsible and liable for any and all costs and/or delays attributable to such release, including, but not limited to, costs of any necessary correction of the work; any and all investigations, analyses, removals, abatements, decontaminations or other actions necessary to correct such release, including, without limitation, costs incurred by District for additional administrative and professional services and for laboratory services, consultants, and contractors; and any injury to any person and/or damage to any property arising or alleged to have arisen from the violation. To the fullest extent permitted by applicable law, Contractor shall indemnify, defend and hold harmless District with respect to any and all costs and other liabilities, including fees, arising from any such release.
RELEASES OF HAZARDOUS SUBSTANCES. Tenant has exercised diligence to determine whether there have been any past or current releases of hazardous substances on, over, under, at, from, into or onto the Project; it has not been able to discover any such releases, and has concluded that there are none. The terms "release" and "hazardous substance" are as understood under CERCLA and other applicable Environmental Laws.
RELEASES OF HAZARDOUS SUBSTANCES. If Contractor or Contractor’s subcontractor(s) dump, pour, spill, bury, place, discharge or otherwise release any hazardous materials, waste or substances into or onto the Site or property in the vicinity of the Site, whether intentionally or otherwise, Contractor shall be solely responsible and liable for any and all costs and/or delays attributable to such release, including, but not limited to, costs of any necessary correction of the Work; any and all investigations, analyses, removals, abatements, decontaminations or other actions necessary to correct such release, including, without limitation, costs incurred by District for additional administrative and professional services and for laboratory services, consultants, and contractors; and any injury to any person and/or damage to any property arising or alleged to have arisen from the violation. To the fullest extent permitted by applicable law, Contractor shall indemnify, defend and hold harmless District with respect to any and all costs and other liabilities, including attorneys’ fees, arising from any such release. MATERIAL SAFETY DATA SHEETS. Contractor is required to ensure Material Safety Data Sheets (“MSDS”) are available, employees are trained in the use of MSDS, and MSDS are in a readily accessible place at the Site. This requirement applies to all materials with an associated MSDS per the federal “Hazard Communication” standard or employees’ Right-to-Know laws. Contractor is also required to ensure proper labeling and training on any substance brought onto the Site and that any person working with the material (or who is subject to possible exposure by use of the material or contact with the material), is informed of the possible and/or real hazards of the substance, and follows proper handling and protection procedures.
RELEASES OF HAZARDOUS SUBSTANCES. To Seller's Knowledge, except as set -------------------------------- forth in Schedule 4.15, there has not been any unpermitted release of any ------------- Hazardous Substances on, under, at or from the Owned Real Property or the Leased Real Property during the time any such property was owned, leased, or operated by the Business except for such releases which do not, either alone or in the aggregate, materially and adversely affect the financial condition or operations of the Business. The term "release" shall have the meaning given to such term in Section 101(22) of CERCLA.
