Common use of Environmental Releases Clause in Contracts

Environmental Releases. Each Party shall notify the other first verbally, and then in writing, of the Release of Hazardous Substances as soon as possible but not later than twenty-four (24) hours after the incident, and shall promptly furnish to the other Party copies of any reports filed with any governmental agencies addressing such events. If Hazardous Substances are released or reasonably believed to have been released onto the other Party's property, the Party releasing or reasonably believed to have released such hazardous substances, at its own expense, shall conduct, or cause to be conducted, sampling, soil testing, and any other methods of investigation which would disclose the presence and extent of contamination by any Hazardous Substance which has been released onto the other Party's property and shall notify the other Party in writing as soon as reasonably practicable after learning of the presence of any Hazardous Substance upon the other Party's property. Each Party shall notify the other Party immediately of any type of remediation activities. Each Party shall provide the other Party thirty (30) days written notice prior to conducting any asbestos or lead abatement activities, and shall promptly furnish to the other Party (1) copies of any reports filed with any governmental or regulatory agencies pertaining to such abatement activities, (ii) copies of applications for permits to conduct abatement activities, and (iii) copies of all permits authorizing abatement activities. Each Party agrees to indemnify, defend, and save harmless the other Party, its agents and employees, from and against any loss, damage, liability (civil or criminal), cost, suit, charge (including reasonable attorneys' fees), expense, or cause of action, for the removal or management of any Hazardous Substance and/or relating to any damages to any person or property resulting from presence of such Hazardous Substance. Except as required to comply with the terms of this Agreement, Niagara Mohawk shall not bring or store Hazardous Substances on the sites of the Interconnection Facility, the Production Facility or the Manufacturing Plant.

Appears in 10 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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