Common use of Compliance with Environmental Laws and Regulations Clause in Contracts

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, including but not limited to Licensee's employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of BellSouth's poles or conduit system, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. 3.9.4 Licensee shall establish appropriate procedures and controls to assure compliance with all requirements of this section. BellSouth will be afforded a reasonable opportunity to review such procedures and controls and provide comments that will be reasonably considered in advance of their implementation. Review and comment by BellSouth pursuant to this section will be provided in a timely manner. 3.9.5 Licensee and all personnel performing work on Licensee's behalf shall comply with such standards and practices as BellSouth and Licensee may from time to time mutually agree to adopt to comply with environmental laws and regulations including, without limitation, BellSouth Practice Sec. 620-145-011BT, “Manhole Contaminants, Water, Sediment or Debris Removal and Reporting Procedures”. Pursuant to this practice, neither Licensee nor BellSouth nor personnel performing work on either party's behalf shall discharge water or any other substance from any BellSouth manhole or other conduit facility onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with mutually agreed 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 BellSouth premises for storage or disposal.

Compliance with Environmental Laws and Regulations. Licensee acknowledges that, from time to time, environmental contaminants may enter BellSouth's conduit system AT&T’s Conduit System and accumulate in manholes Manholes or other conduit facilities Conduit Facilities and that those certain conduits Conduits (transite) are constructed with asbestos-asbestos- containing materials. If BellSouth AT&T has knowledge of the presence of such contaminants in a conduit Conduit for which Licensee has applied for or holds a licenseLicense, BellSouth AT&T will promptly notify Licensee of such fact. Notwithstanding any of BellSouthAT&T’s notification requirements in this Attachment, Licensee acknowledges that some of BellSouthAT&T’s conduit Conduit is fabricated from asbestos-containing materials. Such conduit 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 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 AT&T makes no representations to Licensee or personnel performing work on Licensee's ’s behalf that BellSouth's conduit system AT&T’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 AT&T of any liability which it would otherwise have under applicable law for the presence of environmental contaminants in its conduit facilitiesConduit 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&TLicensee’s request and expense, in the performance of such inspections and tests. 3.9.2 Licensee's facilities 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 9601 et. seq.), the Toxic Substance Control Act (15 U.S.C. §§ 2601-2629), the Clean Water Act (33 U.S.C. §§ 1251, et 1251 et. seq.), and the Safe Drinking Water Act (42 U.S.C. §§ 300f-300j). 3.9.3 3.9.2 All persons acting on Licensee's ’s behalf, including but not limited to Licensee's ’s employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of BellSouth's poles AT&T’s Poles or conduit systemConduit System, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. 3.9.4 3.9.3 Licensee shall establish appropriate procedures and controls to assure compliance with all requirements of this section. BellSouth AT&T will be afforded a reasonable opportunity to review such procedures and controls and provide comments that will be reasonably considered in advance of their implementation. Review and comment by BellSouth AT&T pursuant to this section will be provided in a timely manner. 3.9.5 3.9.4 Licensee and all personnel performing work on Licensee's ’s behalf shall comply with such standards and practices as BellSouth AT&T and Licensee may from time to time mutually agree to adopt to comply with environmental laws and regulations including, without limitation, BellSouth AT&T Practice Sec. 620-145-145- 011BT, “Manhole Contaminants, Water, Sediment or Debris Removal and Reporting Procedures”. Pursuant to this practice, neither Licensee nor BellSouth AT&T nor personnel performing work on either party's ’s behalf shall discharge water or any other substance from any BellSouth manhole AT&T Manhole or other conduit facility Conduit Facility onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with mutually agreed 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 BellSouth AT&T premises for storage or disposal.

Compliance with Environmental Laws and Regulations. Licensee acknowledges that, from time to time, environmental contaminants may enter BellSouth's conduit system AT&T’s Conduit System and accumulate in manholes Manholes or other conduit facilities Conduit Facilities and that those certain conduits Conduits (transite) are constructed with asbestos-containing materials. If BellSouth AT&T has knowledge of the presence of such contaminants in a conduit Conduit for which Licensee has applied for or holds a licenseLicense, BellSouth AT&T will promptly notify Licensee of such fact. Notwithstanding any of BellSouthAT&T’s notification requirements in this Attachment, Licensee acknowledges that some of BellSouthAT&T’s conduit Conduit is fabricated from asbestos-asbestos- containing materials. Such conduit 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 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 AT&T makes no representations to Licensee or personnel performing work on Licensee's ’s behalf that BellSouth's conduit system AT&T’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 AT&T of any liability which it would otherwise have under applicable law for the presence of environmental contaminants in its conduit facilitiesConduit 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&TLicensee’s request and expense, in the performance of such inspections and tests. 3.9.2 Licensee's facilities 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 9601 et. seq.), the Toxic Substance Control Act (15 U.S.C. §§ 2601-2629), the Clean Water Act (33 U.S.C. §§ 1251, et 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, including but not limited to Licensee's . employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of BellSouth's poles AT&T’s Poles or conduit systemConduit System, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. 3.9.4 Licensee shall establish appropriate procedures and controls to assure compliance with all requirements of this section. BellSouth will be afforded a reasonable opportunity to review such procedures and controls and provide comments that will be reasonably considered in advance of their implementation. Review and comment by BellSouth pursuant to this section will be provided in a timely manner. 3.9.5 Licensee and all personnel performing work on Licensee's behalf shall comply with such standards and practices as BellSouth and Licensee may from time to time mutually agree to adopt to comply with environmental laws and regulations including, without limitation, BellSouth Practice Sec. 620-145-011BT, “Manhole Contaminants, Water, Sediment or Debris Removal and Reporting Procedures”. Pursuant to this practice, neither Licensee nor BellSouth nor personnel performing work on either party's behalf shall discharge water or any other substance from any BellSouth manhole or other conduit facility onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with mutually agreed 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 BellSouth premises for storage or disposal.

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 XxxxXxxxx makes no representations to Licensee or personnel performing work on Licensee's behalf that BellSouthXxxxXxxxx'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 TCG 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 TCG as AT&T TCG may deem necessary to determine the presence at such sites of environmental contaminants. BellSouth will assist AT&TTCG, at AT&TTCG’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, including but not limited to Licensee's employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of BellSouth's poles or conduit system, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. 3.9.4 Licensee shall establish appropriate procedures and controls to assure compliance with all requirements of this section. BellSouth will be afforded a reasonable opportunity to review such procedures and controls and provide comments that will be reasonably considered in advance of their implementation. Review and comment by BellSouth pursuant to this section will be provided in a timely manner. 3.9.5 Licensee and all personnel performing work on Licensee's behalf shall comply with such standards and practices as BellSouth and Licensee may from time to time mutually agree to adopt to comply with environmental laws and regulations including, without limitation, BellSouth Practice Sec. 620-145-011BT, “Manhole Contaminants, Water, Sediment or Debris Removal and Reporting Procedures”. Pursuant to this practice, neither Licensee nor BellSouth nor personnel performing work on either party's behalf shall discharge water or any other substance from any BellSouth manhole or other conduit facility onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with mutually agreed 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 BellSouth premises for storage or disposal.

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-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, including but not limited to Licensee's employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of BellSouth's poles or conduit system, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. 3.9.4 Licensee shall establish appropriate procedures and controls to assure compliance with all requirements of this section. BellSouth will be afforded a reasonable opportunity to review such procedures and controls and provide comments that will be reasonably considered in advance of their implementation. Review and comment by BellSouth pursuant to this section will be provided in a timely manner. 3.9.5 Licensee and all personnel performing work on Licensee's behalf shall comply with such standards and practices as BellSouth and Licensee may from time to time mutually agree to adopt to comply with environmental laws and regulations including, without limitation, BellSouth Practice Sec. 620-620- 145-011BT, “Manhole Contaminants, Water, Sediment or Debris Removal and Reporting Procedures”. Pursuant to this practice, neither Licensee nor BellSouth nor personnel performing work on either party's behalf shall discharge water or any other substance from any BellSouth manhole or other conduit facility onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with mutually agreed 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 BellSouth premises for storage or disposal.

Compliance with Environmental Laws and Regulations. Licensee acknowledges that, from time to time, environmental contaminants may enter BellSouthAT&T's conduit system Conduit System and accumulate in manholes Manholes or other conduit facilities Conduit Facilities and that certain conduits Conduits (transite) are constructed with asbestos-containing materials. If BellSouth AT&T has knowledge of the presence of such contaminants in a conduit Conduit for which Licensee has applied for or holds a licenseLicense, BellSouth AT&T will promptly notify Licensee of such fact. Notwithstanding any of BellSouthAT&T’s notification requirements in this Attachment, Licensee acknowledges that some of BellSouthAT&T’s conduit Conduit is fabricated from asbestos-containing materials. Such conduit 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 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 AT&T makes no representations to Licensee or personnel performing work on Licensee's behalf that BellSouthAT&T's conduit system 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 AT&T of any liability which it would otherwise have under applicable law for the presence of environmental contaminants in its conduit facilitiesConduit 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 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 9601 et. seq.), the Toxic Substance Control Act (15 U.S.C. §§ 2601-2629), the Clean Water Act (33 U.S.C. §§ 1251, et 1251 et. seq.), and the Safe Drinking Water Act (42 U.S.C. §§ 300f-300j). 3.9.3 3.9.2 All persons acting on Licensee's behalf, including but not limited to Licensee's employees, agents, contractors, and subcontractors, shall, when working on, within or in the vicinity of BellSouthAT&T's poles Poles or conduit systemConduit System, comply with all applicable federal, state, and local environmental laws, including but not limited to all environmental statutes, ordinances, rules, and regulations. 3.9.4 3.9.3 Licensee shall establish appropriate procedures and controls to assure compliance with all requirements of this section. BellSouth AT&T will be afforded a reasonable opportunity to review such procedures and controls and provide comments that will be reasonably considered in advance of their implementation. Review and comment by BellSouth AT&T pursuant to this section will be provided in a timely manner. 3.9.5 3.9.4 Licensee and all personnel performing work on Licensee's behalf shall comply with such standards and practices as BellSouth AT&T and Licensee may from time to time mutually agree to adopt to comply with environmental laws and regulations including, without limitation, BellSouth AT&T Practice Sec. 620-145-011BT, “Manhole Contaminants, Water, Sediment or Debris Removal and Reporting Procedures”. Pursuant to this practice, neither Licensee nor BellSouth AT&T nor personnel performing work on either party's behalf shall discharge water or any other substance from any BellSouth manhole AT&T Manhole or other conduit facility Conduit Facility onto public or private property, including any storm water drainage system, without first testing such water or substance for contaminants in accordance with mutually agreed 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 BellSouth AT&T premises for storage or disposal.