Compliance with Environmental Laws and Regulations. Applicant and SWBT agree to comply with the following provisions relating to compliance with environmental laws and regulations.
(a) Facilities attached to SWBT’s poles or placed in SWBT’s ducts, conduits, and rights-of-way following the effective date of this Agreement shall be constructed, placed, maintained, repaired, and removed in accordance with all applicable federal, state, and local environmental statutes, ordinances, rules, regulations, and other laws.
(b) All persons acting on Applicant’s or SWBT’s behalf, including but not limited to the parties’ employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. Applicant and personnel acting on Applicant’s behalf are expected to be familiar with their obligations under environmental laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.), the Toxic Substance Control Act (15 U.S.C. §§ 2601-2629), the Clean Water Act (33 U.S.C. §§ 1251 et seq.), and the Safe Drinking Water Act (42 U.S.C. §§ 300f-300j).
(c) The parties shall each establish appropriate procedures and controls to assure compliance with all requirements of this section.
(d) From and after the effective date of this Agreement, neither party nor personnel acting on either party’s behalf shall discharge or release hazardous substances onto or from the site of any SWBT pole, duct, conduit, or right- of-way. Neither Applicant nor SWBT nor personnel acting on either party’s behalf shall discharge water or any other substance from any SWBT manhole or other conduit facility onto public or private property, including but not limited to any storm water drainage system, without first determining that such discharge would not violate any environmental law, create any environmental risk or hazard, or damage the property of any person. Applicant will be expected to test such water or substance for hazardous substances in accordance with then-applicable SWBT standards and practices.
(e) Applicant and SWBT and all personnel performing work on Applicant’s or SWBT’s behalf shall, when working on, within, or in the vicinity of SWBT’s poles, ducts, conduits, and rights-of-way, comply with such additional standards, practices, and requirements as ...
Compliance with Environmental Laws and Regulations. Licensee acknowledges that, from time to time, environmental contaminants may enter BellSouth's conduit system and accumulate in manholes or other conduit facilities and that certain conduits (transite) are constructed with asbestos-containing materials. If BellSouth has knowledge of the presence of such contaminants in a conduit for which Licensee has applied for or holds a license, BellSouth will promptly notify Licensee of such fact. Notwithstanding any of BellSouth’s notification requirements in this Attachment, Licensee acknowledges that some of BellSouth’s conduit is fabricated from asbestos-containing materials. Such conduit is generally marked with a designation of “C Fiber Cement Conduit, “ “Transite,” or “Xxxxx-Xxxxxxxx.” Until proven otherwise, Licensee will presume that all conduit not fabricated of plastic, tile, or wood is asbestos-containing and will handle it pursuant to all applicable regulations relating to worker safety and protection of the environment. BellSouth makes no representations to Licensee or personnel performing work on Licensee's behalf that BellSouth's conduit system or any specific portions thereof will be free from environmental contaminants at any particular time. The acknowledgments and representations set forth in the two preceding sentences are not intended to relieve BellSouth of any liability which it would otherwise have under applicable law for the presence of environmental contaminants in its conduit facilities. Licensee agrees to comply with the following provisions relating to compliance with environmental laws and regulations:
3.9.1 AT&T may, at its expense, perform such inspections and tests at the site of any pole, duct, conduit, or right-of-way occupied by or assigned to AT&T as AT&T may deem necessary to determine the presence at such sites of environmental contaminants. BellSouth will assist AT&T, at AT&T’s request and expense, in the performance of such inspections and tests.
3.9.2 Licensee's facilities shall be constructed, placed, maintained, repaired, and removed in accordance with all applicable federal, state, and local environmental statutes, ordinances, rules, regulations, and other laws, including but not limited to the Resource Conservation and Recovery Act (42 U.S.C. §§ 9601, et seq.), the Toxic Substance Control Act (15 U.S.C. §§ 2601-2629), the Clean Water Act (33 U.S.C. §§ 1251, et seq.), and the Safe Drinking Water Act (42 U.S.C. §§ 300f-300j).
3.9.3 All persons acting on Licensee's behalf,...
Compliance with Environmental Laws and Regulations. AT&T makes no representations to Attaching Party, or personnel performing work on Attaching Party’s behalf, that AT&T’s Structure, or any specific portions thereof, will be free from environmental contaminants at any particular time. Attaching Party agrees to establish appropriate procedures and controls to assure compliance with all applicable environmental laws and regulations including, but not limited to:
6.7.1 Attaching Party acknowledges that some of AT&T’s Conduit was fabricated from asbestos-containing materials. Such Conduit is generally marked with a designation of “C Fiber Cement Conduit,” “Transite,” or “Xxxxx-Xxxxxxxx.” Until proven otherwise, Attaching Party will presume that all Conduits not fabricated of plastic, tile, or wood are asbestos-containing and will handle pursuant to all applicable regulations relating to worker safety and protection of the environment.
6.7.2 Attaching Party’s facilities shall be constructed, placed, maintained, repaired, and removed in accordance with all applicable federal, state, and local environmental statutes, ordinances, rules, regulations, and other laws, including but not limited to the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq), the Toxic Substance Control Act (15 U.S.C. §§ 2601 et seq), the Clean Water Act (33 U.S.C. §§ 1251 et seq), and the Safe Drinking Water Act (42 U.S.C. §§ 300f- 300j).
6.7.3 All persons acting on Attaching Party’s behalf, including but not limited to Attaching Party’s employees, agents, contractors, and subcontractors, shall, when working on, within, or in the vicinity of AT&T’s Structure, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations.
6.7.4 Neither Attaching Party nor personnel performing work on Attaching Party’s behalf shall discharge water or any other substance from any AT&T Manhole or other part of the Conduit System onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with industry standards and practices and determining that such discharge would not violate any environmental law, create any environmental risk or hazard, or damage the property of any person. No such waste material shall be deposited on AT&T premises for storage or disposal.
Compliance with Environmental Laws and Regulations. Owner agrees to cooperate with XXXXXX and use OWNER's best efforts in furtherance of complying with all local, state and federal environmental rules and regulations. OWNER and the vessel/unit shall comply at all times with all applicable local, state and federal environmental statutes, rules, ordinances and regulations, including, but not limited to the Monroe County’s Wastewater Management Plans. OWNER hereby certifies and warrants that OWNER and the vessel or unit are in compliance with all local, state and federal environmental statutes, rules, ordinances and regulations. CHOICE OF LAW AND VENUE: Each portion of this agreement is intended to be and shall be deemed a severable unit If any court of competent jurisdiction determines that any portion of this agreement is invalid, illegal under the law of the State of Florida or of the United States, or unenforceable in any respect said portion, and said portion only shall be null. Any such determination shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement and will be severed from the agreement and the balance of this agreement shalt remain in full force and effect. It is agreed by and between MARINA and OWNER that all disputes and matters whatsoever arising under, in connection with or incident to this agreement shall be litigated, if at all, exclusively in and before the United States District Court for the Southern District of Florida, Monroe County, which shall have exclusive jurisdiction to hear all disputes herein, to the exclusion of all other courts of any other state, territory or country. OWNER hereby waives any objection to jurisdiction or venue or any other objection that OWNER may have to any such action or proceeding being brought in the United States District Court for the Southern District of Florida, Monroe County. The MARINA and OWNER agree that unless otherwise provided herein this agreement shall be governed by the general maritime law of the United States. The MARINA and OWNER agree to waive their right to trial by jury on any and all disputes and matters whatsoever arising under, in connection with or incident to this agreement.
Compliance with Environmental Laws and Regulations. (a) The following terms as used in this Lease shall have the meaning set forth below:
Compliance with Environmental Laws and Regulations. BUYER expressly acknowledges that it is the operator of the motor fuel facilities located at BUYER’s Location, and further acknowledges that SELLER has no ownership or operational interest in the underground motor fuel storage tanks or piping system. Further, SELLER has no right of control over the use, inspection or maintenance of such storage tank system. Without limiting or detracting from the indemnity provisions above, BUYER shall comply with the Environmental Protection Act, with special attention to the regulations governing the storage, dispensing and sale of unleaded gasoline, and all other federal, state and local laws and ordinances relating to the environment, and with the rules, orders and regulations issued and promulgated thereunder, and shall defend, indemnify and hold SELLER harmless from and against any and all penalties, interest, costs, expenses, claims, judgments and orders with respect to such laws, ordinances, rules, orders and regulations, except those arising out of the sole negligence or willful misconduct of SELLER.
Compliance with Environmental Laws and Regulations. CLEC and SBC MISSOURI agree to comply with the following provisions relating to compliance with environmental laws and regulations.
(a) All persons acting on CLEC’s or SBC MISSOURI’s behalf, including but not limited to CLEC’s or SBC MISSOURI’s employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of SBC MISSOURI’s poles, ducts, conduits, or rights-of-way, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations.
Compliance with Environmental Laws and Regulations. Licensee acknowledges that, from time to time, environmental contaminants may enter BellSouth's conduit system and accumulate in manholes or other conduit facilities and that certain conduits (transite) are constructed with asbestos-containing materials. If BellSouth has knowledge of the presence of such contaminants in a conduit for which Licensee has applied for or holds a license, BellSouth will promptly notify Licensee of such fact.
Compliance with Environmental Laws and Regulations. To the best of the Developer’s knowledge, all Easement Lands to be dedicated to the City hereunder are in compliance with all Federal and State environmental protection and anti- pollution laws, rules, regulations, orders, or requirements, including solid waste requirements; and all such dedicated property is in compliance with all requirements pertaining to the disposal or existence of any hazardous substances, pollutants, or contaminants as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder.
Compliance with Environmental Laws and Regulations. AT&T and SBC MISSOURI agree to comply with the following provisions relating to compliance with environmental laws and regulations.
(a) All persons acting on AT&T’s or SBC MISSOURI’s behalf, including but not limited to AT&T’s or SBC MISSOURI’s employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of SBC MISSOURI’s poles, ducts, conduits, or rights-of-way, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations.
