Contamination. The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.
Contamination. (a) The CTC shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination:
(i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports or the Geotechnical Reports;
(ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or
(iii) that is caused by Project Co or any Project Co Party.
(b) Upon the discovery of any Contamination for which the CTC is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC Representative and shall comply with all Applicable Law in respect thereof at the CTC’s cost pursuant to Section 18.2(d).
(c) In the event that the CTC wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC shall issue an instruction to Project Co specifying what action the CTC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTC’s cost pursuant to Section 18.2(d).
(d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the CTC is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.
Contamination. Lessee shall not cause, suffer or permit any Contamination;
Contamination. The Operator shall use at least Prudent Industry Practice to ensure that no Products shall be contaminated with scale or other materials, chemicals, water or any other impurities.
Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions.
(b) Prior to Project Co commencing the Work, Owner has taken:
(i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and
(ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information.
(c) Project Co shall take all reasonable steps to ensure that:
(i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”);
(ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and
(iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co.
(d) Project Co shall take reasonable steps to ensure that:
(i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”);
(ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and
(iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or saf...
Contamination. Each load of salt having contaminants in it (e.g. trash, pavement chunks, tarps, etc…) shall be subject to rejection at no cost to MaineDOT. If MaineDOT elects to keep the delivery, a penalty of 5% will be applied to each load, in addition to any other applicable penalties that may be in effect.
Contamination. WE DO NOT INSURE loss, damage or expenses caused directly or indirectly by contamination resulting from infectious disease.
Contamination. The insured person is not covered for the treatment of any conditions, or for any claim arising directly or indirectly from chemical or biological contamination, however caused, or from contamination by radioactivity from any nuclear material whatsoever, asbestosis, including expenses in any way caused by or contributed to by an act of war or terrorism.
Contamination. 8.1 The CARRIER shall ensure that any act or omission on his part or his crew does not contaminate the products entrusted to him by ISRPL in terms of this Agreement. If the products get contaminated due to any reason whatsoever and such contamination is confirmed as per the findings of the Laboratory Test report of ISRPL or any other agency as may be determined by ISRPL, the contaminated product will be disposed off at ISRPL’s discretion. The difference between the cost of the product entrusted to the CARRIER and value recovered from such disposal along with other incidental expenses will be recovered by ISRPL from the CARRIER.
8.2 In case of any rejection of material by the customer on account of suspected contamination, ISRPL would recover the entire cost of such contaminated material, so rejected, from the CARRIER. For such an event, apart from realizing the loss from the CARRIER, ISRPL shall have the option of suspending and blacklisting the vehicle crew / vehicle / CARRIER.
8.3 No transportation charges will be paid by ISRPL for the futile trip during which the product got contaminated / damaged / affected or rejected due to any incident in transit or otherwise and also for the subsequent trip for transportation of the damaged/affected/ adulterated/ contaminated product to a location nominated by ISRPL.
8.4 The provisions herein above will apply mutatis mutandis to cases of contamination of the product for the purposes of suspension of vehicles or termination of this Agreement.
8.5 The CARRIER agrees that in event of there being any failure or neglect on the part of the CARRIER to provide the vehicles or laying off or lack of utilization of the vehicle due to breakdown or any other reason, which may affect the use thereof by ISRPL, ISRPL shall be entitled to claim such damages, loss and expenses and other amounts as ISRPL may have suffered or may suffer on account or by reason of the CARRIER’s delay, neglect or default irrespective of whether or not the Agreement is valid.
Contamination. The Logistics Entity shall use commercially reasonable efforts to avoid contamination of the Refining Entity’s Crude Oil with any dissimilar Crude Oil and shall be liable to the Refining Entity for any change in the quality of the Crude Oil transported on the Pipelines or stored in the Tankage, in each case caused by the Logistics Entity or its Affiliates or any third-party use of the Pipelines or the Tankage, as applicable. If the Logistics Entity determines in good faith that the Refining Entity has delivered to the Pipelines or the Tankage Crude Oil that has been contaminated by the existence of and/or excess amounts of substances foreign to Crude Oil which could cause harm to users of the contaminated Crude Oil, the Pipelines, the Tankage or the Logistics Entity, the Refining Entity shall be responsible for removing the Refining Entity’s contaminated Crude Oil from the Pipelines or the Tankage, as applicable. Any liability or expense associated with the contamination of the Refining Entity’s Crude Oil caused by the Refining Entity or its Affiliates shall be borne by the Refining Entity, including any regulatory or judicial proceeding arising out of or relating to such contamination.
