Common use of Environmental Contamination Clause in Contracts

Environmental Contamination. F.5.1 Contractor will be held responsible for and shall indemnify, defend (with counsel of Owner’s choice) and hold harmless Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section F.5.1 shall limit Contractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and Contractor shall take no action that would void or impair such coverages F.5.1.1 Contractor agrees to promptly dispose of such spills, releases, discharge or leaks to the satisfaction of Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the Owner and be performed by properly qualified personnel. F.5.1.2 Contractor shall obtain the Owner's written consent prior to bringing onto the Work site any

Appears in 2 contracts

Samples: Cm/Gc Contract, Energy Savings Performance Contract

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Environmental Contamination. F.5.1 F.5.1. Contractor will shall be held responsible for and shall indemnify, defend (with counsel of Owner’s choice) and choice),and hold harmless Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney attorneys’ fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Work or Contractor’s obligations under the Contract which occur as a result of, or are contributed by, the negligence or actions of Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section F.5.1 shall limit Contractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditionsthis Contract, and Contractor shall take no action that would void or impair such coverages. F.5.1.1 Contractor agrees to promptly dispose of such spills, releases, discharge or leaks to the satisfaction of Owner and proper regulatory agencies having jurisdiction in a manner that complies with applicable federal, state, and local laws and regulationsApplicable Laws. Cleanup shall be at no cost to the Owner and shall be performed by properly qualified and, if applicable, licensed personnel. F.5.1.2 Contractor shall obtain the Owner's written consent prior to bringing onto the Work site anyany (i) environmental pollutants or SAMPLE

Appears in 1 contract

Samples: Construction Contract

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Environmental Contamination. F.5.1 Contractor will be held responsible for and shall indemnify, defend (with counsel of Owner’s choice) and hold harmless Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section F.5.1 shall limit Contractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and Contractor shall take no action that would void or impair such coverages F.5.1.1 Contractor agrees to promptly dispose of such spills, releases, discharge or leaks to the satisfaction of Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the Owner and be performed by properly qualified personnel. F.5.1.2 Contractor shall obtain the Owner's written consent prior to bringing onto the Work site anyany (i) environmental pollutants or (ii) hazardous substances or materials, as the same or reasonably similar terms are used in any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the Owner, the Contractor, at all times, shall:

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

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