Common use of Asbestos and NORM Clause in Contracts

Asbestos and NORM. The Assets may currently or have in the past contained asbestos and NORM, and special procedures associated with assessment, remediation, removal, transportation or disposal of asbestos and NORM may be necessary. Notwithstanding anything contained in this Agreement to the contrary: (i) Buyer accepts responsibility for and agrees to pay any and all costs and expenses associated with assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the Assets, and may not claim the fact that assessment, remediation, removal, transportation or disposal of asbestos and NORM are not complete or that additional costs and expenses are required in connection with assessment, remediation, removal, transportation or disposal of asbestos and NORM as an Environmental Condition or a breach of Seller’s representations and warranties under this Agreement or the basis for any other redress against Seller; and Buyer irrevocably waives any and all claims against Seller associated with the same; and (ii) Buyer releases Seller from and shall fully protect, defend, indemnify, and hold Seller harmless from and against any and all Claims relating to, arising out of, or connected with, directly or indirectly, the assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the Assets, no matter whether arising before or after the Effective Time. This indemnity and defense obligation will apply regardless of cause or of any negligent acts or omissions (including sole negligence, concurrent negligence or strict liability), breach of duty (statutory or otherwise), violation of Law or other fault of Seller, or any pre-existing defect.

Asbestos and NORM. The Assets Properties may currently or have in the past contained asbestos and NORM, and special procedures associated with assessment, remediation, removal, transportation or disposal of asbestos and NORM may be necessary. Notwithstanding anything contained in any other provision of this Agreement but subject to the contraryPurchaser’s rights under Articles V and VIII, if Closing occurs: (ia) Buyer Purchaser expressly assumes and accepts sole responsibility for and agrees to pay any and all costs and expenses associated with assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the AssetsProperties, and may not claim the fact that assessment, remediation, removal, transportation or disposal of asbestos and NORM are not complete or that additional costs and expenses are required in connection with assessment, remediation, removal, transportation or disposal of asbestos and NORM as an Environmental Alleged Adverse Condition or a breach of Seller’s representations and warranties under this Agreement or the basis for any other redress against Seller; , and Buyer Purchaser (on behalf of Purchaser Group and their successors and assigns) irrevocably waives any and all claims Claims against Seller Group associated with the same; and (iib) Buyer Purchaser (on behalf of Purchaser Group and their successors and assigns) releases Seller from Group from, and shall fully protect, defend, indemnify, and hold harmless Seller harmless Group from and against against, any and all Claims relating to, arising out of, or connected with, directly or indirectly, the assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the AssetsProperties, no matter whether arising before or after the Effective Time. This These indemnity and defense obligation will obligations apply regardless of cause or of any negligent acts or omissions (including sole negligenceactive or passive, sole, concurrent or comparative negligence or gross negligence), strict liability), breach of duty (statutory or otherwise), violation of Law or other fault of SellerSeller Group, or any pre-existing defect.

Asbestos and NORM. The Assets Properties may currently or have in the past contained asbestos and NORM, and special procedures associated with assessment, remediation, removal, transportation or disposal of asbestos and NORM may be necessary. Notwithstanding anything contained in this Agreement to the contrary, including Article 8: (ia) Buyer accepts sole responsibility for and agrees to pay any and all costs and expenses associated with assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the AssetsProperties, and may not claim the fact that assessment, remediation, removal, transportation or disposal of asbestos and NORM are not complete or that additional costs and expenses are required in connection with assessment, remediation, removal, transportation or disposal of asbestos and NORM as an Environmental Condition or a breach of Seller’s representations and warranties under this Agreement or the basis for any other redress against Seller; , and Buyer (on behalf of Buyer Group and their successors and assigns) irrevocably waives any and all claims they may have against Seller Group associated with the same; and (iib) Buyer releases Seller Group from and shall fully protect, defend, indemnify, and hold Seller Group harmless from and against any and all Claims relating to, arising out of, or connected with, directly or indirectly, the assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the AssetsProperties, no matter whether arising before or after the Effective Time. This indemnity and defense obligation will apply regardless of cause or of any negligent acts or omissions (including sole negligence, concurrent negligence or strict liability), breach of duty (statutory or otherwise), violation of Law or other fault of SellerSeller Group, or any pre-existing defect.

Asbestos and NORM. The Purchased Assets may currently or have in the past contained asbestos and NORM, and special procedures associated with assessment, remediation, removal, transportation or disposal of asbestos and NORM may be necessary. Notwithstanding anything contained in any other provision of this Agreement to the contraryAgreement, including Articles V and VIII, if Closing occurs: (ia) Buyer Purchaser expressly assumes and accepts sole responsibility for and agrees to pay any and all costs and expenses associated with assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the Purchased Assets, and may not claim the fact that assessment, remediation, removal, transportation or disposal of asbestos and NORM are not complete or that additional costs and expenses are required in connection with assessment, remediation, removal, transportation or disposal of asbestos and NORM as an Environmental Alleged Adverse Condition or a breach of Seller’s representations and warranties under this Agreement or the basis for any other redress against Seller; , and Buyer Purchaser (on behalf of Purchaser Group and their successors and assigns) irrevocably waives any and all claims Claims against Seller Group associated with the same; and (iib) Buyer Purchaser (on behalf of Purchaser Group and their successors and assigns) releases Seller Group from and shall fully protect, defend, indemnify, and hold harmless Seller harmless Group from and against any and all Claims relating to, arising out of, or connected with, directly or indirectly, the assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the Purchased Assets, no matter whether arising before or after the Effective Time. This These indemnity and defense obligation will obligations apply regardless of cause or of any negligent acts or omissions (including sole negligenceactive or passive, sole, concurrent or comparative negligence or gross negligence), strict liability), breach of duty (statutory or otherwise), violation of Law or other fault of SellerSeller Group, or any pre-existing defect.

Asbestos and NORM. The Assets Properties may currently or have in the past contained asbestos and NORM, and special procedures associated with assessment, remediation, removal, transportation or disposal of asbestos and NORM may be necessary. Notwithstanding anything contained in any other provision of this Agreement to the contraryAgreement, including Articles 5 and 8, if Closing occurs: (i) 12.4.1 Buyer expressly assumes and accepts sole responsibility for and agrees to pay any and all costs and expenses associated with assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the AssetsProperties, and may not claim the fact that assessment, remediation, removal, transportation or disposal of asbestos and NORM are not complete or that additional costs and expenses are required in connection with assessment, remediation, removal, transportation or disposal of asbestos and NORM as an Environmental Alleged Adverse Condition or a breach of Seller’s representations and warranties under this Agreement or the basis for any other redress against Seller; , and Buyer (on behalf of Buyer Group and their successors and assigns) irrevocably waives any and all claims Claims against Seller Group associated with the same; and 12.4.2 Buyer (iion behalf of Buyer Group and their successors and assigns) Buyer releases Seller Group from and shall fully protect, defend, indemnify, and hold harmless Seller harmless Group from and against any and all Claims relating to, arising out of, or connected with, directly or indirectly, the assessment, remediation, removal, transportation and disposal of asbestos and NORM associated with the AssetsProperties, no matter whether arising before or after the Effective Time. This These indemnity and defense obligation will obligations apply regardless of cause or of any negligent acts or omissions (including sole negligenceactive or passive, sole, concurrent or comparative negligence or gross negligence), strict liability), breach of duty (statutory or otherwise), violation of Law or other fault of SellerSeller Group, or any pre-existing defect.