Agreement Not To Use Violating Facilities. The Contractor will not to use any facility to perform work hereunder that is listed on the List of Violating Facilities maintained by the EPA. The Contractor shall promptly notify the Authority if the Contractor or any subcontractor receives any communication from the EPA indicating that any facility which will be used to perform work pursuant to this Agreement is under consideration to be listed on the EPA’s List of Violating Facilities; provided, however, that the Contractor’s duty of notification hereunder shall extend only to those communications of which it is aware, or should reasonably have been aware.
Agreement Not To Use Violating Facilities. The Contractor agrees not to use any facility to perform work hereunder that is listed on the List of Violating Facilities maintained by the Environmental Protection Agency ("EPA"). The Contractor shall promptly notify the Authority if the Contractor or any Subcontractor receives any communication from the EPA indicating that any facility which will be used to perform work pursuant to this Contract is under consideration to be listed on the EPA’s List of Violating Facilities; provided, however, that the Contractor’s duty of notification hereunder shall extend only to those communications of which it is aware, or should reasonably have been aware. The Contractor also agrees to include these requirements in each subcontract hereunder exceeding $50,000.
