Common use of Environmental Hazards Clause in Contracts

Environmental Hazards. Attaching Utility represents and warrants that its use of Owner Utility's Poles will not generate any hazardous substances, that it will not store or dispose on or about Owner Utility's Poles or transport to Owner Utility's Poles any hazardous substances and that Attaching Utility's Facilities will not constitute or contain and will not generate any hazardous substance in violation of any law now or hereafter in effect including any amendments. "Hazardous substance" shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any laws, regulations or rules now or hereafter in effect including any amendments. Attaching Utility further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Facilities would not release such hazardous wastes or substances. Attaching Utility, and its agents, contractors and subcontractors, shall defend, indemnify and hold harmless Owner Utility and Electric Utility and their respective officials, officers, board members, representatives, employees, agents, and contractors against any all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any such hazardous wastes or hazardous substances on, under or adjacent to Owner Utility's Poles attributable to Attaching Utility's use of Owner Utility's Poles.

Environmental Hazards. Attaching Utility Licensee represents and warrants that its use of Owner Utility's Poles City Facilities will not generate any hazardous substancesHazardous Substances, that it will not store or dispose on or about Owner Utility's Poles City Facilities or transport to Owner Utility's Poles City Facilities any hazardous substances and that Attaching Utility's Facilities Licensee’s Attachment(s) will not constitute or contain and will not generate any hazardous substance in violation of any federal, state or local law now or hereafter in effect including any amendments. "“Hazardous substance" Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar term terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Attaching Utility Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Facilities Attachment(s) would not release such hazardous wastes or substancesany Hazardous Substances. Attaching Utility, Licensee and its agents, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless Owner Utility the City and Electric Utility and their its respective officials, officers, board members, council members, commissioners, representatives, employees, agents, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any such hazardous wastes or hazardous substances Hazardous Substances on, under or adjacent to Owner Utility's Poles City Facilities attributable to Attaching Utility's Licensee’s use of Owner Utility's PolesCity Facilities.

Environmental Hazards. Attaching Utility Licensee represents and warrants that its use of Owner Utility's Utility Poles will not generate any hazardous substancesHazardous Substances, that it will not store or dispose on or about Owner Utility's Utility Poles or transport to Owner Utility's Utility Poles any hazardous substances and that Attaching Utility's Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of any federal, state or local law now or hereafter in effect including any amendments. "“Hazardous substance" Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar term terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Attaching Utility Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release such hazardous wastes or substancesany Hazardous Substances. Attaching Utility, Licensee and its agents, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless Owner the Utility and Electric Utility and their its respective officials, officers, board members, council members, commissioners, representatives, employees, agents, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any such hazardous wastes or hazardous substances Hazardous Substances on, under or adjacent to Owner the Utility's ’s Poles attributable to Attaching Utility's Licensee’s use of Owner the Utility's ’s Poles. Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Attaching Utility Licensee represents and warrants that its use of Owner Utility's the Poles will not generate any hazardous substancesHazardous Substances, that it will not store or dispose on or about Owner Utility's the Poles or transport to Owner Utility's the Poles any hazardous substances substances, and that Attaching Utility's Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of any law federal, state, or local law, now or hereafter in effect including any amendments. "“Hazardous substance" Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar term terms by any federal, state, or local laws, regulations regulations, or rules now or hereafter in effect including any amendments. Attaching Utility Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would not release such hazardous wastes or substancesany Hazardous Substances. Attaching Utility, Licensee and its agents, contractors contractors, and subcontractors, subcontractors shall defend, indemnify indemnify, and hold harmless Owner Utility and Electric Utility and their its respective officials, officers, board council members, commissioners, representatives, employees, agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any such hazardous wastes or hazardous substances Hazardous Substances on, under under, or adjacent to Owner Utility's the Poles attributable to Attaching Utility's Licensee’s use of Owner the Poles. Should the Poles be declared to contain Hazardous Substances, Utility's Poles, Licensee, and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share of the Common Space. For Utility, such percentage shall be equal to the space above the NESC forty (40) inch safety space plus its share of the Common Space; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. Attaching Utility Licensee represents and warrants that its use of Owner Utility's Poles City Facilities will not generate any hazardous substancesHazardous Substances, that it will not store or dispose on or about Owner Utility's Poles City Facilities or transport to Owner Utility's Poles City Facilities any hazardous substances and that Attaching Utility's Facilities Licensee’s Attachment(s) will not constitute or contain and will not generate any hazardous substance in violation of any federal, state or local law now or hereafter in effect including any amendments. "“Hazardous substance" Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar term terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Attaching Utility Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Facilities Attachment(s) would not release such hazardous wastes or substancesany Hazardous Substances. Attaching Utility, Licensee and its agents, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless Owner Utility the City and Electric Utility and their its respective officials, officers, board members, council members, commissioners, representatives, employees, agents, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any such hazardous wastes or hazardous substances Hazardous Substances on, under or adjacent to Owner Utility's Poles City Facilities attributable to Attaching Utility's Licensee’s use of Owner Utility's PolesCity Facilities, except to the extent of the City’s gross negligence or willful misconduct in connection with such liability.

Environmental Hazards. Attaching Utility Licensee represents and warrants that its use of Owner Utility's the Poles will not generate any hazardous substancesHazardous Substances, that it will not store or dispose on or about Owner Utility's the Poles or transport to Owner Utility's the Poles any hazardous substances substances, and that Attaching Utility's Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of any law federal, state, or local law, now or hereafter in effect including any amendments. "“Hazardous substance" Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar term terms by any federal, state, or local laws, regulations regulations, or rules now or hereafter in effect including any amendments. Attaching Utility Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would will not release such hazardous wastes or substancesany Hazardous Substances. Attaching Utility, Licensee and its agents, contractors contractors, and subcontractors, subcontractors shall defend, indemnify indemnify, and hold harmless Owner Utility Town and Electric Utility and their its respective officials, officers, board council members, commissioners, representatives, employees, agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any such hazardous wastes or hazardous substances Hazardous Substances on, under under, or adjacent to Owner Utility's the Poles attributable to Attaching Utility's Licensee’s use of Owner Utility's the Poles. Should the Poles be declared to contain Hazardous Substances, Town, Licensee, and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share of the Common Space. For Town, such percentage shall be equal to the space above the NESC forty (40) inch safety space plus its share of the Common Space; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties.