Environmental Hazard Liability Sample Clauses
The Environmental Hazard Liability clause assigns responsibility for damages, cleanup, or legal consequences arising from the presence or release of hazardous substances on a property. Typically, this clause specifies which party—such as the property owner, tenant, or contractor—is liable for environmental contamination, and may require compliance with environmental laws or mandate remediation efforts if hazards are discovered. Its core function is to clearly allocate risk and responsibility for environmental issues, protecting parties from unexpected liabilities and ensuring that environmental hazards are properly managed.
Environmental Hazard Liability. NYSEG agrees to promptly inform TELERGY East of any such hazardous or toxic waste areas, whether or not designated as such by the Environmental Protection Agency or any other similar federal, state or local authority, of which NYSEG 's Environmental Affairs Department, Syracuse, New York, has knowledge of or of which such Department may subsequently learn with respect to the Backbone Route. NYSEG agrees to defend, indemnify and hold TELERGY East harmless from any and all claims, fines and actions arising out of the existence of any such hazardous or toxic waste areas or the obligations which may now or hereafter be imposed, statutory or otherwise, to remove therefrom or otherwise neutralize or contain, any such toxic or hazardous substances, unless such liability is: (i) created by a release by TELERGY East or its contractors or subcontractors excluding NYSEG of a toxic or other hazardous substance into the environment, (ii) created by TELERGY East's disturbance of a pre-existing condition within the Right-of-Way of which TELERGY East had knowledge provided that NYSEG shall disclose to TELERGY East all such pre-existing conditions within the Backbone Route known to NYSEG , or (iii) created by TELERGY East's disturbance of a pre-existing condition within the Right-of-Way where the condition was not previously known by NYSEG and was not created by a disturbance by NYSEG. Upon learning of any such hazardous or toxic waste areas within which the Right-of-Occupancy is intended to be or is located, NYSEG shall, within thirty (30) working days, to the extent available to it, offer TELERGY East, without payment of any additional consideration therefor, alternate contiguous areas within which the Backbone Route may be relocated to avoid such hazardous or toxic waste areas. In the event TELERGY East discovers, or has knowledge of hazardous or toxic waste areas, whether or not designated as such the Environmental Protection Agency or any other similar federal, state or local authority, it shall immediately stop work if discovered during construction, and notify the Director of NYSEG 's Environmental Affairs Department in Binghamton, New York.
Environmental Hazard Liability