CONTAMINATED SITES Sample Clauses

CONTAMINATED SITES. 9.6.1 Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands wholly or partly in Môwhì Gogha Dè Nîîtåèè (NWT), the program shall apply to such sites on Tåîchô community lands that are listed in part 4 of the appendix to this chapter as if the lands were Crown lands. 9.6.2 After the effective date, the Parties may agree that a site not listed in part 4 of the appendix to this chapter existed on the effective date and, upon consent of the Parties, the list in that part of the appendix to this chapter shall be considered to have been amended so as to include that site. 9.6.3 Any dispute as to whether a contaminated site existed on the effective date may be referred for resolution in accordance with chapter 6 by a Party. If a dispute goes to an arbitrator in accordance with chapter 6 and if the arbitrator confirms that a site existed on the effective date, the list in part 4 of the appendix to this chapter shall be considered to have been amended so as to include that site. 9.6.4 Government shall be responsible for the costs associated with any clean-up of a contaminated site under 9.6.1 on Tåîchô community lands.

CONTAMINATED SITES. 5.8.1 Where Government undertakes any program respecting the clean-up of Contaminated Sites on Crown Lands in the EMR, the program shall apply to such sites on Cree Lands that are listed in Schedule 5-5 of this chapter as if the Lands were Crown Lands. Government shall notify the GDO of any such program. 5.8.2 After the Effective Date of this Agreement, the Parties may agree that a site not listed in Schedule 5-5 was a Contaminated Site on the Effective Date of this Agreement and, upon consent of the Parties, the list in Schedule 5-5 shall be considered to have been amended to include that site. 5.8.3 Any dispute as to whether a Contaminated Site existed on the Effective Date of this Agreement may be referred by a Party for resolution in accordance with Chapter 31. If a dispute goes to Arbitration in accordance with Chapter 31 and if the Arbitrators confirm that a site existed on the Effective Date of this Agreement, the list in Schedule 5-5 shall be considered to have been amended to include that site. 5.8.4 Government shall be responsible for the costs associated with any clean-up under subsection 5.8.1 on Cree Lands. This provision shall not prevent Government from recovering from the Person responsible for the contamination any costs associated with the clean-up of Cree Lands under subsection 5.8.1. 5.8.5 There shall be no compensation payable for damage which may be caused to Cree Lands as a result of the clean-up of Cree Lands under subsection 5.8.1. 5.8.6 Government shall not be liable for any loss or damage to Crees, or a GDO from Contaminated Sites on Cree Lands whether or not they are known on the Effective Date of this Agreement. This provision does not affect any obligation of Government under subsections 5.8.1 and 5.8.4. 5.8.7 If Government completes the clean-up of Contaminated Sites on Bear Island or Grey Goose Island, the GDO may request that Canada designate such island or islands as Cree Lands, in exchange for a transfer by the GDO to Canada of Lands of equivalent size jointly selected by Canada and the GDO. The Lands so transferred by the GDO to Canada shall become Crown Lands. Canada shall give fair consideration to any such request by the GDO.

CONTAMINATED SITES. 8.8.1 Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands in the NMR, the program shall apply to such sites on Nunavik Inuit Lands that are listed in Schedule 8A of this Article as if the lands were Crown lands. 8.8.2 After the effective date of this Agreement, the parties may agree that a site not listed in Schedule 8A, was a contaminated site on the effective date of this Agreement and, upon consent of the parties, the list in Schedule 8A shall be considered to have been amended to include that site. 8.8.3 Any dispute as to whether a contaminated site existed on the effective date of this Agreement may be referred for resolution in accordance with Article 24 by a party. If a dispute goes to an arbitrator in accordance with Article 24 and if the arbitrator confirms that a site existed on the effective date of this Agreement, the list in Schedule 8A shall be considered to have been amended to include that site. 8.8.4 Government shall be responsible for the costs associated with any clean-up under section 8.8.1

CONTAMINATED SITES. 9.11.1 Government will apply any program it has for the Remediation of Contaminated Sites on Crown Land within the Agreement Area to the Remediation of Contaminated Sites on Métis Land identified in Schedule 9-F on the same basis as it applies the program to Crown Land. 9.11.2 After the Effective Date, the Minister of Indian Affairs and Northern Development on behalf of Canada, the Government of the Northwest Territories and the Designated Métis Organization may agree in writing that a Contaminated Site on Métis Land not identified in Schedule 9-F existed prior to the Effective Date and, if agreement is reached, Schedule 9-F will be deemed amended to include the Contaminated Sites. If the Parties do not reach an agreement within 90 days, any Party may refer the dispute for resolution in accordance with the Dispute Resolution chapter. In the event arbitration is used to resolve the dispute, and if the arbitrator confirms the Contaminated Site existed prior to the Effective Date, Schedule 9-F will be deemed amended to include the Contaminated Site. 9.11.3 Prior to conducting the Remediation of a Contaminated Site identified in Schedule 9-F, Government will Consult the Designated Métis Organization regarding the Remediation plan. 9.11.4 Government will be responsible for the costs associated with any Remediation of a Contaminated Site on Métis Land pursuant to 9.11.1. For greater certainty, nothing in the Final Agreement will prevent or limit Government from pursuing any remedies that may exist at Law against the person liable for the contamination. 9.11.5 Government will not be liable for: (a) any loss to a Métis Member or the NWTMN resulting from any Contaminated Site on Métis Land; or (b) any damage which may be caused to Métis Land as a result of the Remediation of a Contaminated Site identified in Schedule 9-F.

CONTAMINATED SITES. 1. Each Party shall endeavour to develop appropriate strategies for identifying and assessing sites contaminated by mercury or mercury compounds. 2. Any actions to reduce the risks posed by such sites shall be performed in an environmentally sound manner incorporating, where appropriate, an assessment of the risks to human health and the environment from the mercury or mercury compounds they contain. 3. The Conference of the Parties shall adopt guidance on managing contaminated sites that may include methods and approaches for: (a) Site identification and characterization; (b) Engaging the public; (c) Human health and environmental risk assessments; (d) Options for managing the risks posed by contaminated sites; (e) Evaluation of benefits and costs; and (f ) Validation of outcomes. 4. Parties are encouraged to cooperate in developing strategies and implementing activities for identifying, assessing, prioritizing, managing and, as appropriate, remediating contaminated sites.

CONTAMINATED SITES. Acquisition of contaminated sites with hazardous materials or waste is the responsibility of the acquiring agency. Will properties with hazardous materials or wastes be acquired for this project? If yes, contact the regional environmental coordinator for guidance on how to proceed. Will a utility or other infrastructure be installed in, or adjacent to a contaminated property? Are there conflicts with project construction according to the Utility Accommodation Policy (UAP)? If yes, describe how conflicts with the UAP be managed. Will the project include rehabilitation, reconstruction, or replacement of an existing bridge structure? Is asbestos present? If yes, include any required special provisions in the appendix. Include any special provisions in the appendix to address contamination that may be encountered within the right of way during construction, e.g., contaminated soil disposal, installation of contaminant migration barriers, or management of contaminated groundwater during construction dewatering.

CONTAMINATED SITES. 5.5.1 Unless otherwise agreed, Ontario and Canada will not transfer any lands that are determined to be contaminated beyond a standard acceptable to the Parties after completing the environmental assessment processes described in 2.13. 5.5.2 Notwithstanding 5.5.1, and provided the Parties negotiate appropriate releases and indemnities in relation to any contamination and/or remediation, lands that are determined to be contaminated beyond a standard acceptable to the Parties may be transferred to an Algonquin Institution: (a) if the Parties agree to a remediation plan with respect to any particular contaminated parcel prior to the Final Agreement; or (b) if the Algonquins accept the transfer of a parcel known to be contaminated. 5.5.3 Ontario or Canada, as applicable, shall be responsible for the costs associated with any remediation pursuant to 5.5.2(a) on Settlement Lands. This provision shall not prevent Ontario or Canada, as applicable, from taking whatever steps are required to recover any costs associated with the remediation from a Person who has caused the contamination or is otherwise liable for these costs. 5.5.4 The Final Agreement will address the obligations of the Parties should Settlement Lands after the Date of Transfer be determined to be contaminated beyond a standard acceptable to the Parties.

CONTAMINATED SITES. Overview – Contaminated sites are a potential source of PCBs in stormwater, groundwater, wastewater and atmospheric deposition. PCBs may enter stormwater from the erosion and transport of

CONTAMINATED SITES. ‌ The Recipient must notify DOE if any activities under the Award will occur on previously contaminated or potentially contaminated sites with hazardous substances, including, but not limited to, Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) “Superfund sites” or properties where redevelopment or reuse may be complicated by hazardous substance contamination (“Xxxxxxxxxx sites”). The Recipient is solely responsible for handling and disposal of any hazardous substances and wastes arising from activities under this Award. Term 37. Publications, Public Relations Activities, and Design Elements‌ The Recipient must follow the OCED Communications Guidelines and the OCED Engagement Guidelines when issuing publications, presentations, public relations activities, news releases, and engaging with Congress arising out of, or relating to, work performed under this Award, whether copyrighted or not. The Recipient must provide DOE access to, either electronically or in paper form, a copy of every publication or presentation of material based on or developed under this Award, clearly labeled with the Award number and other appropriate Award identifying information, at least seven (7) calendar days prior to publication or public presentation. Use of the OCED logo, name, or brand in all applications including but not limited to design, facility signage, and other markings must be in accordance with the OCED Communications Guidelines and the OCED Engagement Guidelines. The Recipient must consult with the Grants and Agreements Officer on the cost, timeline, design, and placement of any works using the OCED logo or name in any location, physical or digital, prior to use. Term 38. System for Award Management and Universal Identifier Requirements‌ A. Requirement for System for Award Management‌ Unless the Recipient is exempted from this requirement under 2 CFR § 25.110, the Recipient must maintain current information in the System for Award Management (“XXX”). This includes information on the Recipient’s immediate and highest-level owner and subsidiaries, as well as on all of the Recipient’s predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until the Recipient submits the final financial report required under this Federal award or receives the final payment, whichever is later. This requires that the Recipient review and update the information at least annually aft...

CONTAMINATED SITES. To the best of MDKM's knowledge and belief, the CBL Group companies do not currently utilize any real property or facilities that have been contaminated by a CBL Group company in a manner that would require such contamination to be removed pursuant to current laws. The warranty set forth in the preceding sentence is provided as of the date of transfer of the equity stake sold.