Environmental and Safety Requirements. 10.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement.
10.2 Contractor shall provide a safety program for the Project to meet U.S. Department of Labor Occupational Safety and Health Administration (OSHA) requirements and monitor Subcontractors for compliance in the performance of Work in accordance with the best acceptable safety practice.
10.3 Contractor shall schedule the services of independent testing laboratories required by Permitting Authorities to provide the necessary testing of materials to ensure conformance with environmental regulations.
10.4 Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:
Environmental and Safety Requirements. Without modifying or limiting in any fashion any other indemnity provided for in this Agreement, the Borrower shall, and shall cause each Subsidiary to, defend, indemnify and hold harmless the Agent and the Lenders, and their respective employees, agents, officers and directors, shareholders, attorneys, successors and assigns (collectively, “Environmental Indemnitees”) from and against any and all claims, demands, judgments, fines, encumbrances, liens, liabilities, losses, damages of any type (including all consequential damages, all stigma damages and all damages for personal injury, including death or disease, or damage or destruction to property of others or damage or destruction to natural resources, whether foreseeable or unforeseeable), costs, penalties, fines, settlements, costs and expenses of whatever kind or nature known or unknown, contingent or otherwise, arising out of, or in any way relating to (i) any breach by the Borrower of any representation or warranty made by the Borrower in this Agreement or any of the Schedules attached hereto, or in any of the certificates furnished by the Borrower pursuant to this Agreement, or any representation and warranty made by the Borrower or its Subsidiaries in the Acquisition Agreement; (ii) the San Xxxxxxx Valley Site Liabilities; (iii) any Hazardous Substances in, on, under, from or at any property or facility owned or operated, or previously owned or operated, by the Borrower and its Subsidiaries; (iv) any past, present or future violation of any Environmental and Safety Requirements for any property or facility owned or operated, or previously owned or operated, by the Borrower and its Subsidiaries; (v) any investigation, inquiry, order (whether voluntary or involuntary), hearing, action or other proceeding under any Environmental and Safety Requirement or by or before any governmental or quasi-governmental agency in connection with any actual or alleged Hazardous Substance Activity; (vi) any orders, requirements or demands of Governmental Authorities pursuant to Environmental and Safety Requirements; (vii) any notice that any Environmental Indemnitee is a potentially responsible party under any Environmental and Safety Requirement with regard to any Hazardous Substance in, on, under, from or at any property or facility owned or operated, or previously owned or operated, by the Borrower and its Subsidiaries; and (viii) all costs and expenses of investigation, monitoring, corrective action, containment,...
Environmental and Safety Requirements. Except as set forth on Schedule 3.28:
(a) To the knowledge of the Company, the Company has complied and is in compliance with all applicable Environmental and Safety Requirements, and the Company possesses all required Permits and has filed all notices or applications, required thereby.
(b) Except as permitted or allowed by Environmental and Safety Requirements or Rules issued by Governmental Authorities, the Company has never generated, transported, treated, stored, disposed of, arranged for the disposal of or otherwise handled any Hazardous Materials at any site, location or facility owned or operated or used by the Company in the Development Work or at any offsite location.
(c) Except as permitted or allowed by Environmental and Safety Requirements or Rules issued by Governmental Authorities, no Hazardous Materials are present on, in, under or emanating from the Leased Real Property, and the Leased Real Property contains no Hazardous Materials in concentrations and under conditions that would result in any violations of, or any liability under, any applicable Environmental and Safety Requirements. To the knowledge of the Company, there are no underground storage tanks on the Leased Real Property.
(d) The Company has not been subject to, nor has the Company received any notice (written or oral) of, any private, administrative or judicial action, order, or investigation or any notice (written or oral) of any intended private, administrative, or judicial action, order or investigation relating to any alleged violation of Environmental and Safety Requirements or the presence or alleged presence of Hazardous Materials in, under, upon, or emanating from the any real or immovable property now or previously owned or used by the Company or any offsite location, and, to the knowledge of the Company, there is no reasonable basis in fact or law for any such notice or action; and there are no pending or threatened actions, investigations or, to the knowledge of the Company, orders or proceedings (or notices of potential actions or proceedings) from any Governmental Authority regarding any matter relating to Environmental and Safety Requirements.
(e) For purposes of this Agreement, “Environmental and Safety Requirements” means all federal, state and local or municipal laws, rules, regulations, ordinances, orders, statutes and requirements, and all common law, relating to public health and safety, worker health and safety, pollution or protection of the environment, a...
Environmental and Safety Requirements. 17 ERISA........................................................................18 INDEX OF DEFINED TERMS (CONTINUED)
Environmental and Safety Requirements. The Company is in material compliance with all applicable Environmental and Safety Requirements (as defined below), and the Company possesses all required permits, licenses and certificates, and has filed all notices or applications, required thereby. Neither the Company nor any Shareholder has received any notice or other communication from any party with respect to the Company's failure to comply with Environmental and Safety Requirements. For purposes of this Agreement, "Environmental and Safety Requirements" means all federal, provincial, foreign and local laws, bylaws, rules, regulations, ordinances, decrees, orders, statutes, actions, guidelines, standards, arrangements, injunctions, policies and requirements relating to public health and safety, worker health and safety, pollution and protection of the environment (including without limitation the handling of any polluted, toxic or hazardous materials), all as amended. The Company has no, nor are its properties subject to any, nor are there any facts or circumstances which the Company or any Shareholder reasonably believes could form the basis for any, liability, contingent or otherwise arising out of any Environmental and Safety Requirements. The Company does not have in its possession or under its control any hazardous substances, except those Hazardous Substances as are used in the ordinary course of the business of the Company and are used or maintained in compliance with the Environmental and Safety Requirements.
Environmental and Safety Requirements. 8.1 Contractor shall comply and shall secure compliance by its employees, agents, and Subcontractors, with all applicable environmental, health, safety and security laws and regulations pertaining to the Construction provided under this Agreement. Contractor agrees to utilize protective devices as required by applicable laws, regulations, and any industry standards, and to ensure that such protective devices are properly used by its employees, agents and Subcontractors in the provision of Construction.
8.2 Contractor shall comply with all applicable minimum safety standards required by local, county, state and federal regulations to prevent any damage, loss or injury to persons or property.
8.3 The Contractor shall be solely responsible for pedestrian and vehicular control and safety within the Work Site area and shall provide the necessary warning devices, cones, markers, flags, barricades and other control devices, in addition to ground personnel needed for directing traffic and maintaining safety, protection and warning to all persons and vehicular traffic within the Work Site area.
8.4 The Contractor represents, with full knowledge that the City is relying upon these representations when entering into this Agreement with the Contractor, that the Contractor has the professional expertise, ability, capacity, skill, licenses, financial resources, and experience to perform the Construction under the requirements of this Article.
Environmental and Safety Requirements. (a) To the Knowledge of Seller, Seller is in material compliance with all applicable Environmental and Safety Requirements (as defined below) at the Restaurant Sites and Seller possesses all required permits, licenses and certificates for the Restaurants, and has filed all notices or applications, required thereby. To the Knowledge of Seller, Seller has not received any notice or other communication from any party with respect to Seller’s failure to comply with Environmental and Safety Requirements. For purposes of this Agreement, “Environmental and Safety Requirements” means all federal, state, provincial, foreign and local laws, bylaws, rules, regulations, ordinances, decrees, orders, statutes, actions, guidelines, standards, arrangements, injunctions, policies and requirements relating to public health and safety, worker health and safety, disabilities, pollution and protection of the environment (including without limitation the handling of any polluted, toxic or hazardous materials), all as amended;
Environmental and Safety Requirements. 13 3.28 Conduct of the Business......................................................................13
Environmental and Safety Requirements. To the Knowledge of Sellers, the Acquired Business and its operations have complied and is in compliance, in each case in all material respects, with all applicable Environmental and Safety Requirements, and the Acquired Business possesses all required Governmental Authorizations with respect to its operation and all notices or applications required thereby have been filed.
Environmental and Safety Requirements. The Company is, in all material respects, in compliance with all applicable Environmental and Safety Requirements (as defined below), and possesses all required permits, licenses and
