Environment, Health, and Safety. (a) To the Knowledge of AIDEA and the Acquired Companies, except as disclosed in Disclosure Schedules 3.16(b), (d), and (e), the Acquired Companies have complied with all Environmental, Health, and Safety Laws. No action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of the Acquired Companies alleging any failure to so comply. Without limiting the generality of the preceding sentence, the Acquired Companies, to the Knowledge of AIDEA and the Acquired Companies, have obtained and been in compliance with all of the terms and conditions of all permits, licenses, and other authorizations that are required under, and have complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables that are contained in, all Environmental, Health, and Safety Laws.
(b) Except as disclosed in Disclosure Schedule 3.16(b), neither the Acquired Companies nor AIDEA with respect to the Acquired Companies, to the Knowledge of AIDEA and the Acquired Companies, has any Liability arising out of events or circumstances occurring under any Environmental, Health, and Safety Laws for contamination of, damage to, or polluting any site, location, property, natural resources, the air, or any body of water (surface or subsurface), or for any illness of, or personal injury to, or death of, any employee or other individual related to the foregoing.
(c) To the Knowledge of AIDEA and the Acquired Companies, all equipment and personal property owned, leased, or used in the Operations are and have been free of hydrocarbon contamination, asbestos, PCBs, dioxins, and any other hazardous, toxic, radioactive, or dangerous substances, except for the liquefied natural gas and compressed natural gas the Acquired Companies produce, store, and handle, and except for the fuel, lubricants, refrigerants, and solvents that are used in the ordinary course of business in conducting the Operations. The liquefied natural gas and compressed natural gas of the Acquired Companies, and the fuel, lubricants, refrigerants, and solvents used in its Operations, have all been stored, handled, transported, used, and disposed of in accordance with all Environmental, Health, and Safety Laws and consistent with all standard industry practices.
(d) Except as disclosed on Disclosure Schedule 3.16(d), all real property the Acquired Companies owns is, to the Knowledge of AIDEA a...
Environment, Health, and Safety. 23.4.1. The Supplier and its staff (and/or any sub-supplier and/or subcontractor) shall comply with the laws and regulations in force related to protection of the environment, the health and safety instructions applicable to the Goods and Services performed pursuant to the Contract and especially, if appropriate, to the Goodsand Services performedon any Site by a third company.
23.4.2. The Supplier and its staff (and/or any sub-supplier and/or subcontractor) shall also comply with the internal rules at the Purchaser and/or Customer’s site(s) where it may have to work for the purpose of performance of the Contract including EHS rules and requirements, as applicable. In case of conflict between different EHS requirements, the most stringent standard shall apply.
23.4.3. In the eventof presence or activity of the Supplier (and/or any sub-supplier and/or subcontractor) on any Purchaser and/or Customer Site, the Supplier, and any sub-supplier and/or subcontractor, as the case may be, the Supplier shall ensure appropriate personnel training and qualification and submit any proof relating to such qualification upon Purchaser’s request. Additionally, the Supplier shall consider any hazards associated with Site conditions, installations and/or machinery nearby. More generally, Supplier shall, at all times, comply with the Purchaser and/or Customer internal rules, including EHS rules and requirements, as applicable. In case of conflict between different EHS requirements, the most stringent standard shall apply.
23.4.4. If the Supplier’s staff (and/or any sub-supplier and/or subcontractor) fail to comply with any of the laws, regulation and or internal rules mentioned under this Article 23.4, the Purchaser is entitled to apply to the Supplier, penalties which in no case shall be considered asliquidateddamagesandwithoutanypriorofficialnotification, correspondingtothirtynine thousand Renminbi (39 000 CNY) per event, without prejudice (i) to the possibility for the Purchaser to ask for the replacement of its staff member or the staff member of its sub- supplier and/or subcontractor, responsible of the breach, and/or (ii) to the possibility for the Purchaser to terminate the Contract for Supplier’s default or to ask for the Supplier to terminate its sub-suppliers and/or subcontractors contracts, and/or (iii) for the Supplier to indemnify and hold harmless the Purchaser, its affiliates, officers, employees and agents
23.4.5. In application of applicable employment laws, t...
Environment, Health, and Safety. (i) The Seller, and its predecessors and Affiliates has complied with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them alleging any failure so to comply. Without limiting the generality of the preceding sentence, each of the Seller, and its predecessors and Affiliates has obtained and been in compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws.
(ii) Seller has no Liability (and Seller and its predecessors and Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against Seller giving rise to any Liability) for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law.
(iii) To the best of Sellers knowledge, the property is free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.
Environment, Health, and Safety. With respect to the Stores and the Assets:
5.1.17.1 Seller has complied with all laws (including rules and regulations thereunder) of federal, state and local governments (and all agencies thereof) concerning the environment, public health and safety, and employee health and safety, and no charge, complaint, action, suit, proceeding, hearing, investigation, claim, demand or notice has been filed or commenced against Seller alleging any failure to comply with any such law or regulation.
5.1.17.2 Seller has no liability (and there is no basis related to the past or present operations, properties or facilities of Seller for any present or future charge, complaint, action, suit, proceeding, hearing, investigation, claim or demand against Seller giving rise to any liability) under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Federal Water Pollution Control Act of 1972, the Clean Air Act of 1970, the Safe Drinking Water Act of 1974, the Toxic Substances Control Act of 1976, the Refuse Act of 1899, or the Emergency Planning and Community Right-To-Know Act of 1986 (each as amended), or any other law (or rule or regulation thereunder) of any federal, state or local government (or agency thereof), concerning release or threatened release of hazardous substances, public health and safety, or pollution or protection of the environment.
5.1.17.3 Seller has no liability (and Seller has not handled or disposed of any substance, arranged for the disposal of any substance or owned or operated any property or facility in any manner that could form the basis for any present or future charge, complaint, action, suit, proceeding, hearing, investigation, claim or demand (under the common law or pursuant to any statute) against Seller giving rise to any Liability) for damage to any site, location or body of water (surface or subsurface) or for illness or personal injury.
5.1.17.4 Seller has no liability (and there is no basis for any present or future charge, complaint, action, suit, proceeding, hearing, investigation, claim or demand against Seller giving rise to any Liability) under the Occupational Safety and Health Act, as amended, or any other law (or rule or regulation thereunder) of any federal, state or local government (or agency thereof) concerning employee health and safety.
5.1.17.5 Seller has obtained and been in compliance with all of the terms and conditions of all permits...
Environment, Health, and Safety. (a) For purposes of this Agreement, the following terms have the following meanings: "ENVIRONMENTAL, HEALTH, AND SAFETY LAWS" means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, plans, injunctions, judgments, decrees, requirements or rulings now or hereafter in effect, imposed by any governmental authority regulating, relating to, or imposing liability or standards of conduct relating to pollution or protection of the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), public health and safety, or employee health and safety, concerning any Hazardous Materials or Extremely Hazardous Substances, as such terms as defined herein, or otherwise regulated, under any Environmental, Health and Safety Laws. The term "ENVIRONMENTAL, HEALTH AND SAFETY LAWS" shall include, without limitation, the Clean Water Act (also known as the Federal Water Pollution Control Act), 33 U.S.C. Section 1251 et seq., the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq., the Clean Air Act, 42 U.S.C. Section 7401 et seq., the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Section 136 et seq., the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., the Superfund Amendment and Reauthorization Act of 1986, Public Law 99-4, 99, 100 Stat. 1613, the Emergency Planning and Community Right to Know Act, 42 U.S.C. Section 11001 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., and the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., all as amended, together with any amendments thereto, regulations promulgated thereunder and all substitutions thereof.
Environment, Health, and Safety. Except as disclosed in the SEC Reports or set forth in Section 3.21 of the Disclosure Schedule, (a) the Seller and each of its Subsidiaries is and has been within the last four years in material compliance with all applicable Environmental Laws; (b) there has been no release or threatened release of any Hazardous Substance in amounts requiring clean-up on, upon, into or from any site currently or heretofore owned, leased or operated by the Seller and/or any of its Subsidiaries; (c) none of the Seller or its Subsidiaries has received written notice since May 1, 1994 that Hazardous Substances generated by the Seller and/or any of its Subsidiaries that have been disposed of or come to rest at any site that has been included in the National Priority List or analogous state list; (d) there are no underground Hazardous Substance storage tanks and no polychlorinated biphenyls ("PCBs") or PCB-containing equipment owned or operated by the Seller and/or any of its Subsidiaries, and no hazardous waste as defined by the Resource Conservation and Recovery Act, as amended, stored on, any site owned or operated by the Seller and/or any of its Subsidiaries, except for such underground tanks or equipment or waste in compliance with applicable Environmental Laws; and (e) the Seller and each of its Subsidiaries has made available to the Buyer true and correct copies of all material environmental records, reports, notifications, certificates of need, permits, pending permit applications, correspondence, engineering studies, and environmental studies or assessments in their possession or control. Section 3.21 of the Disclosure Schedule lists (i) all real property leased, owned or operated by the Seller and/or any of its Subsidiaries at any time since January 1, 1990 that would have been required to be included in any of the Seller's annual reports on Form 10-K and, to the Knowledge of the Seller and its Subsidiaries, all other such real property leased, owned or operated since such date and (ii) to the Seller's Knowledge, all real property leased, owned or operated by the Seller and/or any of its Subsidiaries from January 1, 1965 until December 31, 1989. For purposes of this Section 3.21 only, all references to the "Seller" and to "its Subsidiaries" are intended to include any and all other entities to which the Seller and/or any of its Subsidiaries may be considered a successor under applicable Environmental Laws.
Environment, Health, and Safety. For purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
Environment, Health, and Safety. The Company has complied with all environmental, health and safety laws with respect to the property and assets and/or the business, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been filed or commenced against the Company or any associate person alleging any failure so to comply with respect to the property assets and/or the Company’s business.
Environment, Health, and Safety. Where the Deliverables are performed on premises controlled by Boeing or Boeing’s customer, the Supplier will:
a. if requested by Boeing, provide relevant documents and records to allow Boeing to assess the Supplier’s compliance with a safety and/or environmental management system;
b. ensure all Supplier’s Personnel complete an induction prior to commencement of activities;
c. ensure that its employees, directors and subcontractors will comply with the terms of Boeing Drug and Alcohol Management Plan (DAMP) published on xxx.xxxxxxxxxxxxxxx.xxx/xxxxx.xxxx#/xxxx0, including the right for Boeing to conduct random testing and reasonable suspicion testing;
d. comply with any directions given by Boeing with respect to environmental health and safety requirements including complying with all requirements published on xxx.xxxxxxxxxxxxxxx.xxx/xxxxx.xxxx#/xxxx0;
e. optimise the efficient use of natural resources, energy, water and raw materials and minimise pollution and waste;
f. develop a Job Hazard Analysis (XXX) prior to commencement of activities;
g. provide the XXX at any time requested by Boeing; and
h. provide a copy of the safety data sheet for each Hazardous Substance proposed to be used. Any incident which has the potential to cause, or actually causes, an accident, injury or illness to any individual or damage to the environment pursuant to work being performed under this Agreement must be reported to Boeing immediately unless that is not practicable, in which case it must be reported as soon as practicably possible. The Supplier will deliver a written report within 24 hours of the incident occurring. The Supplier must provide any additional information which Boeing may reasonably require. The reporting obligations set out in this clause are in addition to any obligations to report provided for in applicable workplace health, safety and environmental legislation in any State or Territory.
Environment, Health, and Safety. CureVac shall: (i) maintain an "EHS" (environment, health and safety) policy and risk-based management system with a commitment to provide a safe and healthy workplace and protect the environment surrounding its operations; (ii) ensure there is at least one senior executive with responsibility for EHS and the organization has access to technical expertise to support the company in meeting EHS obligations; (iii) provide relevant information, education and training to workers on the hazards, risks and controls associated with their job; (iv) provide the physical infrastructure, workplace and engineering controls necessary to ensure safe storage, handling and processing of materials and waste in order to protect people, the environment and local communities from harm; and (v) provide and maintain emergency detection systems and an effective response and healthcare capabilities.
