ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. (a) Environmental and Health and Safety Law" means any and all laws, by-laws, common laws or other laws or legislation made by a competent authority and rules, regulations, ordinances, orders, notices, directives, practices, guidance notes, circulars, and codes issued pursuant to the same and any authoritative judicial or administrative interpretation of each of the foregoing which have as a purpose or effect or which relate to the protection of employees, the public and the environment or responsibility for health and safety including without limitation:
(1) The Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive 2011/65/EU (RoHS 2);
(2) The Directive on Waste Electrical and Electronic Equipment (WEEE) 2012/19/EU;
(3) Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH);
(4) Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures;
(5) Any National legislation implementing RoHS, WEEE or REACH;
(6) CE Marking and any related product safety requirements pursuant to any applicable New Approach and Global Approach Directives; and
(7) Section 6 of the Health and Safety at Work etc. Act 1974.
(b) Notwithstanding any other provision of this Contract, SELLER warrants and undertakes to LOCKHEED XXXXXX that:
(1) All Work furnished under this Contract shall at all times comply with Environmental and Health and Safety Law;
(2) All Work furnished under this shall be marked with a CE Marking where applicable;
(3) It shall not supply or use any asbestos or materials or equipment containing asbestos in the provision of Work;
(4) It shall not supply or use any products or materials containing Chlorofluorocarbons (CFCs) in the provision of Work without the prior written approval (entirely at its discretion) of LOCKHEED XXXXXX;
(5) It shall not specify, or permit use of, in Work, any materials or components containing such retardants, including but not limited to Polybrominated Biphenyls (PBBs) and Polybrominated Biphenyl Ethers (PBBEs), also known as Polybrominated Biphenyl Oxides (PBBOs) and shall provide LOCKHEED XXXXXX with certification of compliance as required or for the avoidance of doubt containing any other substance to the extent that it is or would reasonably be expected to be subject to any restriction or other limitation on its use under Environmental and Health and Safety Laws...
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. (a) In performing the Work, SELLER shall comply with, and ensure that all its employees, agents, contractors and suppliers comply with all applicable environmental, occupational, safety, and health laws and regulations under local, provincial or federal laws or regulations that LOCKHEED XXXXXX, or its customer, is subject to for the use, inspection, testing and repair of the Work, including all applicable laws and regulations relating to the generation, storage, handling, transportation, release, abatement or disposal of hazardous, dangerous, toxic or infectious goods, materials or substances.
(b) SELLER warrants and undertakes that for any Work required by the Contract that is hazardous the Work shall be packaged, labelled, marked and shipped by SELLER to ensure compliance with all applicable laws and regulations including, but not limited to, the provision of the Hazardous Materials Transportation Act, the Canadian Hazardous Products Act or, for Work originating the in the United States, the United States Occupational Safety and Health Act (OSHA), and agrees to comply with any special requirements of LOCKHEED XXXXXX as may be noted in this Contract.
(c) If the Work or any portion thereof is to be shipped to or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED XXXXXX hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(2) SELLER shall provide to LOCKHEED XXXXXX with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder, or its State approved counterpart.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. (1) Hazardous Substances and Safety Data Sheets: Prior to performing the Work or providing Deliverables, Contractor shall submit to the Edison Representative a list of all hazardous substances (chemicals and chemical products) to be used in performing the Work or providing the Deliverables. Contractor shall maintain a list of all hazardous substances (chemicals and chemical products) used at the Jobsite. A Safety Data Sheet (SDS) shall be readily available from the Contractor for each hazardous substance (chemicals and chemical products) at the Jobsite for which a manufacturer has prepared an SDS. For purposes of the Agreement, “readily available” means that the Contractor shall produce an SDS for review within fifteen (15) minutes of the SDS being requested by the Edison Representative or by an official from a government agency. SDSs shall comply with the Federal (29 CFR 1910.1200) and California (Title 8, CCR 5194) OSHA Hazard Communication Standards.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. (a) The “Southern California Edison ENVIRONMENTAL, HEALTH & SAFETY HANDBOOK FOR CONTRACTORS” and the “SUPPLIER CODE OF CONDUCT,” which may be updated from time to time, are located on Company’s website at xxxx://xxx.xxx.xxx/contractorhandbook and xxxxx://xxx.xxxxxx.xxx/content/dam/eix/documents/investors/corporate-governance/supplier-code-
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS shall, with respect to the Concessions, mean all applicable federal, state, local, and foreign statutes, regulations, ordinances, and other provisions having the force or effect of law, all judicial and administrative orders and determinations, all contractual obligations, and all common law concerning public health and safety, worker health and safety, and pollution or protection of the environment, including, without limitation, all those relating to the presence, use, production, generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances, or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or byproducts, asbestos, polychlorinated biphenyls, noise, or radiation, each as amended and as now or hereafter in effect.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. The Company and its Subsidiaries are and, during the five (5) year period immediately preceding the Closing Date, have been in compliance in all material respects with all Environmental Laws, which compliance includes obtaining, maintaining and complying in all material respects with all permits required by such Environmental Laws to operate their businesses as currently operated. There are no claims or proceedings pending or, to the Company’s Knowledge, threatened against the Company alleging the violation of or Liability under any Environmental Laws. The Company and its Subsidiaries do not have any material Liabilities pursuant to any Environmental Laws. There has been no release of Hazardous Materials in violation of any Environmental Law with respect to the Company or any Leased Real Property. The Company and the Subsidiaries have not received a request for information under any Environmental Law. The Company and the Subsidiaries have not agreed to indemnify any Person or party, including a predecessor, buyer, seller, landlord, or tenant, with respect to any Liabilities pursuant to any Environmental Law. The Company has provided to Purchaser true and accurate copies of all safety and environmental reports and investigations of the current operations and operations within the preceding ten (10) years, including those relating to the Leased Real Property.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. Except as set forth on Schedule 4.16: (a) the Company is and has been in material compliance with all Environmental Laws, which compliance includes obtaining, maintaining and complying in all material respects with all Government Licenses, required by such Environmental Laws to operate the Business; (b) there are no claims or proceedings pending or, to the Knowledge of the Company, threatened against the Company, alleging the violation of or Liability under any Environmental Laws; (c) to the Knowledge of the Company there are no facts, circumstances or conditions that could reasonably be expected to result in the Company incurring material Liabilities under Environmental Laws; (d) to the Knowledge of the Company, the premises underlying the Leased Real Property do not contain any (i) friable asbestos-containing materials, (ii) polychlorinated biphenyls in excess of 50 parts per million, (iii) underground storage tanks over which the Company exercises control or (iv) mold or other fungi at concentrations or in conditions that would present a risk to human health, safety or the environment; and (e) the Company has delivered to Buyer true, correct and complete copies of all material environmental, health and safety assessments, audits, investigations, or other such reports relating to the Company or the Leased Real Property.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. (a) Except as set forth in Section 5.18(a) of the Disclosure Schedule, to Sellers’ Knowledge, each Seller has complied with, and is in material compliance with all Environmental, Health, and Safety Requirements related to the Business, the Railway and the Real Property.
(b) Except as set forth in Section 5.18(b)(i) of the Disclosure Schedule, each Seller has obtained, has materially complied with, and is in material compliance with all, Permits, licenses and other authorizations that are required pursuant to Environmental, Health, and Safety Requirements for the occupation of the Real Property and the operation of the Business or the Railway. A list of all such material Permits, licenses and other authorizations is set forth in Section 5.18(b)(ii) of the Disclosure Schedule. True and complete copies of all such material Permits, licenses, and other authorizations have been delivered or made available to Buyer in the Data Room.
(c) Except as set forth in Section 5.18(c) of the Disclosure Schedule, none of the Real Property is listed on, or has been proposed for listing on, the National Priorities List under CERCLA, or any similar state list.
(d) The representations and warranties set forth in this Section 5.18 are Sellers’ sole and exclusive representations and warranties regarding environmental matters.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. All federal, state, local and foreign statutes, regulations, ordinances and other provisions having the force or effect of law, all judicial and administrative orders and determinations, all contractual obligations and all common law concerning public health and safety, worker health and safety, and pollution or protection of the environment, including without limitation all those relating to the presence, use, production, generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or byproducts, asbestos, radon, mold, polychlorinated biphenyls, noise or radiation, each as amended and as in effect on or before the Closing Date.
ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS. To the Knowledge of Eclipsys or Med Data, Med Data and its predecessors and Affiliates have complied and are in compliance with all Environmental, Health and Safety Requirements. Without limiting the generality of the foregoing, to the Knowledge of Eclipsys or Med Data, Med Data and its respective Affiliates has obtained and complied with, and is in compliance with, all permits, licenses and other authorizations that are required pursuant to Environmental, Health and Safety Requirements for the occupation of its facilities and the operation of its business. To the Knowledge of Eclipsys or Med Data, neither Med Data nor its predecessors or Affiliates has received any written or oral notice, report or other information regarding any actual or alleged violation of Environmental, Health and Safety Requirements, or any Liabilities or potential Liabilities (whether accrued, absolute, contingent, unliquidated or otherwise), including any investigatory, remedial or corrective obligations, relating to any of them or their facilities arising under Environmental, Health and Safety Requirements. To the Knowledge of Eclipsys or Med Data, none of the following exists at any property or facility operated by Med Data: (i) underground storage tanks; (ii) asbestos-containing material in any form or condition; (iii) materials or equipment containing polychlorinated biphenyls; or (iv) landfills, surface impoundments or disposal areas. To the Knowledge of Eclipsys or Med Data, neither Med Data nor its predecessors or Affiliates has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled or released any substance, including, without limitation, any hazardous substance, or owned or operated any property or facility (and no such property or facility is contaminated by any such substance) in a manner that has given or would give rise to Liabilities, including any Liability for response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Solid Waste Disposal Act, as amended, or any other Environmental, Health and Safety Requirements. To the Knowledge of Eclipsys or Med Data, neither this Agreement nor the consummation of the transactions that are the subject of this Agreement will result in any obligations for site investigation or cleanup, or notification to or consent of govern...
