Common use of ENVIRONMENT, SAFETY AND HEALTH PROTECTION Clause in Contracts

ENVIRONMENT, SAFETY AND HEALTH PROTECTION. (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. (b) If work is going to be performed at the Seller’s facility, Seller shall perform work in accordance with its own ES&H requirements and any ES&H requirements included in this Agreement. (c) If work is going to be performed at a third-party facility, which is a facility not owned or leased by DOE, Company or Seller, the Seller shall follow the ES&H requirements pertaining to the third-party facility and any ES&H requirements of this Agreement. (d) If Seller is performing any of this work outdoors at a location(s) not owned or leased by DOE, Company or Seller, such work shall be considered “field work.” Seller shall follow the ES&H requirements pertaining to the field work location(s). Seller shall also perform work in accordance with the ES&H requirements of this Agreement.

ENVIRONMENT, SAFETY AND HEALTH PROTECTION. (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. (b) If Seller is performing any of the work onsite which is going to be performed defined as at the Seller’s ORNL or any other DOE or Company owned or leased facility, Seller shall comply with (1) through (7) below. (1) Seller shall manage and perform work in accordance with its own ES&H requirements and any ES&H requirements included in a documented Safety Management System (SMS). In fulfilling this Agreement. (c) If work is going to be performed at a third-party facilityrequirement, which is a facility not owned or leased by DOE, Company or Seller, the Seller shall follow (A) comply with the ORNL Integrated Safety Management System (ISMS) program by meeting the ES&H requirements pertaining to of the third-party facility Agreement including those specified in the statement of work and any ES&H requirements of this Agreement. the specifications, if any, (dB) If Seller is performing any of this work outdoors at a location(s) not owned or leased by DOE, Company or Seller, such work shall be considered “field work.” Seller shall follow the ES&H requirements pertaining to the field work location(s). Seller shall also manage and perform work in accordance with a documented Safety Management Plan consistent with DEAR 970.5223-1, which has been submitted to Company for review and approval, or (C) manage and perform work in accordance with a documented Safety Management Plan consistent with DEAR 970.5223-1 which has been approved by DOE and submitted to Company for review and approval. Until approval by Company is received, Seller shall comply with the ORNL ISMS program. (2) Seller shall be able to demonstrate through documentation and work practices that its performance of work under this Agreement is in accordance with the Statement of Work and the subcontract specifications, and that its SMS: (A) defines the scope of work; (B) identifies and analyzes hazards associated with the work; (C) develops and implements hazard controls; (D) performs work within controls; and, (E) provides feedback to Company and Seller’s employees on adequacy of controls and continues to improve safety management. (3) If Company has notified Seller of a noncompliance with applicable ES&H regulations or requirements pursuant to (f) below, and Seller fails or refuses to immediately correct the ES&H requirements violation, Company may perform, or cause to be performed, the necessary corrective action and unilaterally charge the Seller for the cost thereof. Such charges will be deducted from payments otherwise due the Seller. (4) Company, acting on behalf of DOE, will maintain individual occupational radiation exposure records as required for Seller’s employees for periods they are employed for work under this Agreement. Should Seller choose, in addition, to maintain its own individual occupational radiation exposure records during the performance of work under this Agreement, Seller’s records shall be subject to inspection by Company and/or DOE and shall be preserved by Seller until disposal is authorized by Company, or at the option of Seller, delivered to Company upon completion or termination of the Agreement. If Seller exercises the forgoing option, title to such records shall vest in DOE upon delivery.

ENVIRONMENT, SAFETY AND HEALTH PROTECTION. (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. (b) If Seller is performing any of the work onsite which is going to be performed defined as at the Seller’s ORNL or any other DOE or Company owned or leased facility, Seller shall comply with (1) through (7) below. (1) Seller shall manage and perform work in accordance with its own ES&H requirements and any ES&H requirements included in a documented Safety Management System (SMS). In fulfilling this Agreement. (c) If work is going to be performed at a third-party facilityrequirement, which is a facility not owned or leased by DOE, Company or Seller, the Seller shall follow (A) comply with the ORNL Integrated Safety Management System (ISMS) program by meeting the ES&H requirements pertaining to of the third-party facility subcontract including those specified in the statement of work and any ES&H requirements of this Agreement. the specifications, if any, (dB) If Seller is performing any of this work outdoors at a location(s) not owned or leased by DOE, Company or Seller, such work shall be considered “field work.” Seller shall follow the ES&H requirements pertaining to the field work location(s). Seller shall also manage and perform work in accordance with a documented Safety Management Plan consistent with DEAR 970.5223-1, which has been submitted to Company for review and approval, or (C) manage and perform work in accordance with a documented Safety Management Plan consistent with DEAR 970.5223-1 which has been approved by DOE and submitted to Company for review and approval. Until approval by Company is received, Seller shall comply with the ORNL ISMS program. (2) Seller shall be able to demonstrate through documentation and work practices that its performance of work under this subcontract is in accordance with the Statement of Work and the subcontract specifications, and that its SMS: (A) defines the scope of work; (B) identifies and analyzes hazards associated with the work; (C) develops and implements hazard controls; (D) performs work within controls; and, (E) provides feedback to Company and Seller’s employees on adequacy of controls and continues to improve safety management. (3) If Company has notified Seller of a noncompliance with applicable ES&H regulations or requirements pursuant to (f) below, and Seller fails or refuses to immediately correct the ES&H requirements violation, Company may perform, or cause to be performed, the necessary corrective action and unilaterally charge the Seller for the cost thereof. Such charges will be deducted from payments otherwise due the Seller. (4) Company, acting on behalf of DOE, will maintain individual occupational radiation exposure records as required for Seller’s employees for periods they are employed for work under this Agreement. Should Seller choose, in addition, to maintain its own individual occupational radiation exposure records during the performance of work under this Agreement, Seller’s records shall be subject to inspection by Company and/or DOE and shall be preserved by Seller until disposal is authorized by Company, or at the option of Seller, delivered to Company upon completion or termination of the Agreement. If Seller exercises the forgoing option, title to such records shall vest in DOE upon delivery.

ENVIRONMENT, SAFETY AND HEALTH PROTECTION. (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx Seller fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. CT February 2008 PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. (b) If work is going to be performed at the Seller’s facility, Seller shall perform work in accordance with its own ES&H requirements and any ES&H requirements included in this Agreement. (c) If work is going to be performed at a third-party facility, which is a facility not owned or leased by DOE, Company or Seller, the Seller shall follow the ES&H requirements pertaining to the third-party facility and any ES&H requirements of this Agreement. (d) If Seller is performing any of this work outdoors at a location(s) not owned or leased by DOE, Company or Seller, such work shall be considered “field work.” Seller shall follow the ES&H requirements pertaining to the field work location(s). Seller shall also perform work in accordance with the ES&H requirements of this Agreement.

ENVIRONMENT, SAFETY AND HEALTH PROTECTION. (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx Seller fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in CT February 2008 PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. (b) If work is going to be performed at the Seller’s facility, Seller shall perform work in accordance with its own ES&H requirements and any ES&H requirements included in this Agreement. (c) If work is going to be performed at a third-party facility, which is a facility not owned or leased by DOE, Company or Seller, the Seller shall follow the ES&H requirements pertaining to the third-party facility and any ES&H requirements of this Agreement. (d) If Seller is performing any of this work outdoors at a location(s) not owned or leased by DOE, Company or Seller, such work shall be considered “field work.” Seller shall follow the ES&H requirements pertaining to the field work location(s). Seller shall also perform work in accordance with the ES&H requirements of this Agreement.

ENVIRONMENT, SAFETY AND HEALTH PROTECTION. (a) Seller shall perform this Agreement in a manner that ensures adequate protection for workers, the public, and the environment, and shall be accountable for actions of itself and its lower-tier subcontractors, agents and employees. Seller shall exercise a degree of care commensurate with the work and the associated hazards. Seller shall ensure that management of environment, safety and health (ES&H) functions and activities is an integral and visible part of Seller’s work planning and execution process. In the event that Xxxxxx fails to comply with this Agreement, Company may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at Company’s discretion. Seller shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage. In addition, Company may require, in writing, that Seller remove from the work any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. (b) If Seller is performing any of the work onsite which is going to be performed defined as at the Seller’s ORNL or any other DOE or Company owned or leased facility, Seller shall comply with (1) through (7) below. (1) Seller shall manage and perform work in accordance with its own ES&H requirements and any ES&H requirements included in a documented Safety Management System (SMS). In fulfilling this Agreement. (c) If work is going to be performed at a third-party facilityrequirement, which is a facility not owned or leased by DOE, Company or Seller, the Seller shall follow (A) comply with the ORNL Integrated Safety Management System (ISMS) program by meeting the ES&H requirements pertaining to of the third-party facility Agreement including those specified in the statement of work and any ES&H requirements of this Agreement. the specifications, if any, (dB) If Seller is performing any of this work outdoors at a location(s) not owned or leased by DOE, Company or Seller, such work shall be considered “field work.” Seller shall follow the ES&H requirements pertaining to the field work location(s). Seller shall also manage and perform work in accordance with a documented Safety Management Plan consistent with DEAR 970.5223-1, which has been submitted to Company for review and approval, or (C) manage and perform work in accordance with a documented Safety Management Plan consistent with DEAR 970.5223-1 which has been approved by DOE and submitted to Company for review and approval. Until approval by Company is received, Seller shall comply with the ES&H requirements ORNL ISMS program. (2) Seller shall be able to demonstrate through documentation and work practices that its performance of work under this Agreement.Agreement is in accordance with the Statement of Work and the subcontract specifications, and that its SMS: