Environmental Hazard. The Customer shall observe and comply with all applicable environmental and safety laws, rules and regulations, including applicable OSHA and Occupational Health and Safety standards and guidelines, and/or as directed by the Company for project specific safety concerns. In the event the Equipment is damaged by Customer, including due to the negligence of Customer employees and agents in any manner which is deemed under law to be an environmental risk or hazard, Customer shall be deemed to have purchased the Equipment at its then-current full replacement cost and shall promptly pay such amount to Company. Customer shall bear the entire costs of reclamation, remediation and disposal as specified under applicable federal, state, provincial or local law, regulation, ordinances and rules, including responsibility for obtaining necessary approvals, licences or permits. Customer, at Customer’s expense, shall be responsible for certain operational, maintenance and installation activities as agreed upon by the Parties in the applicable Rental Quote Form
Environmental Hazard. 43 21.9 Execution .........................................................43
Environmental Hazard. Each Party shall be solely responsible at its own expense for the proper handling, storage, transport, treatment, disposal and use of all hazardous substances by such Party and its contractors and agents. For purposes of the Operating Agreements, hazardous substances includes those substances (a) included within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste or pollutant or contaminant under any applicable law or (b) listed by any Government Entity as a hazardous substance.
Environmental Hazard. To the best of Seller’s knowledge:
(i) Seller has not permitted any storage, treatment or usage of hazardous or toxic substances (as defined by any applicable governmental authority and hereafter referred to as Hazardous Materials) on the property;
(ii) no leak, spill, discharge, emission or disposal of Hazardous Materials has occurred on the Property during Seller’s ownership of and control over the Property; and
(iii) while the Property was owned by Seller, the Property has not been used in a manner which may result in a liability to the Purchaser under any Environmental Laws (as defined in Section 16 of this Agreement).
Environmental Hazard. The Lessee may terminate this lease if any -------------------- individual, organization, governmental body, or other entity brings an action to remove or cleanup any toxic waste or other environmental hazard that may be present on the demised premises at any time. The Lessor shall promptly indemnify and hold Lessee harmless from any liabilities, damages, costs and expenses, including without limitation reasonable attorneys fees, incurred by Lessee, its successors and assigns, by virtue of the imposition, enforcement or collection of any lien against the Premises, created as a result of any such removal or cleanup.
Environmental Hazard. 104 17.3 Engineer's Findings ......................................105
Environmental Hazard. If the Study and/or the Follow on Study reveals (a) a condition that violates any laws relating to the Environment and that under such laws, is required to be corrected or remediated, (b) the potential for any Claim(s) ((a) and (b) are each referred to herein as an "Environmental Hazard"), Pacific shall be obligated to pay the cost of correction or remediation of the Environmental Hazard (the "Remediation Cost") up to an amount not to exceed $100,000. If the Remediation Cost exceeds $100,000 Pacific may elect not to pay the Remediation Cost, in which event Buyer shall have the right to terminate this Agreement. To the extent that Pacific is obligated to bear the cost of the remediation of any Environmental Hazard, Pacific will pay all such amounts in cash, prior to Closing, failing which the Purchase Price shall be reduced at Closing, by fifty-one percent (51%) of the amount not paid by Pacific prior to Closing.
Environmental Hazard. If during the Term an Environmental Hazard, other than an Environmental Hazard caused by Tenant’s Environmental Acts, causes the Premises or any other part of the Project to be rendered untenantable, either in whole or in part, or materially and adversely affects Tenant’s ability to operate its business in the Premises in the normal course, in Tenant’s reasonable judgment (subject to Landlord’s right to submit the matter to arbitration pursuant to Section 18.5, if Landlord disputes Tenant’s determination), then Landlord shall promptly remediate the Environmental Hazard and rebuild, repair or restore all affected buildings and improvements. If such condition of untenantability or inability to operate Tenant’s business in the normal course continues for more than ninety (90) days following occurrence or discovery of the Environmental Hazard, then until such untenantability or inability has ended, Tenant shall have the right to terminate this Lease by written notice to Landlord at any time after such period. In the event that this Lease shall be terminated as a result of an Environmental Hazard (other than an Environmental Hazard caused by Tenant’s Environmental Acts), if any Rent or other charge has been paid in advance, Landlord shall refund to Tenant all sums so paid for the period after the date of untenantability or inability to operate. With respect to any period during which, as the result of an Environmental Hazard (other than an Environmental Hazard caused by Tenant’s Environmental Acts) any part of the Premises is untenantable or Tenant is prevented from operating its business therein in the normal course, the Rent and other charges payable hereunder shall be abated in proportion to the Floor Area of the Premises so affected. If the untenantability or inability is so extensive as to render the Premises substantially unfit for occupancy by Tenant for the normal conduct of its business, the Rent and other charges payable hereunder shall axxxx until such time as Tenant resumes the conduct of its business, up to a maximum of one hundred twenty (120) days after the restoration of the Premises, in order to give Tenant sufficient time to refixture and equip the Premises. If by reason of an Environmental Hazard affecting the Premises or the Building of which the Premises are a part or to any other part of the Project, the Premises are rendered substantially unusable for Tenant’s business by reason of diminished access, the payment of Rent and other charges ...
Environmental Hazard. Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
Environmental Hazard. Tenant shall at all times during the term hereof or upon the date of occupancy, whichever is sooner, and at its own cost and expense procure and continue in force all risk Environmental Hazard insurance adequate to protect Landlord and naming Landlord as an additional insured in the liability contract against liability for contamination, environmental hazard, hazardous waste, radioactive waste, or any other environmental liability in connection with the Tenant's use of the use, operation or condition of the Premises (and related sidewalks, loading docks and other appurtenances). Such insurance at all times shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant.
