Common use of Environmental Responsibilities Clause in Contracts

Environmental Responsibilities. Concessionaire shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, or accessed by Concessionaire in any manner whatsoever, that was caused by Concessionaire or any of Concessionaire's Parties, or caused by any trespasser on the Premises at any time that Concessionaire was in possession of the Premises. Concessionaire shall, at Concessionaire's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by Concessionaire, Concessionaire's Parties, or Concessionaire's actions, or upon any other Airport property occupied, utilized, or accessed by Concessionaire or Concessionaire's Parties, in any manner whatsoever. If Concessionaire does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated and remediated, County or any of its agencies may, upon reasonable notice to Concessionaire (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials; however, any such action by County or any of its agencies will not release Concessionaire from its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either Concessionaire or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Concessionaire shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire if Concessionaire does not comply with any of its obligations.

Appears in 2 contracts

Samples: Concession Lease and Operating Agreement Between Broward County And, Concession Lease and Operating Agreement Between Broward County And

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Environmental Responsibilities. Concessionaire Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, utilized or accessed by Concessionaire Lessee in any manner whatsoever, that was caused by Concessionaire Lessee or any of ConcessionaireLessee's Parties, or caused by any trespasser on the Premises at any time that Concessionaire Lessee was in possession of the Premises. Concessionaire Lessee shall, at ConcessionaireLessee's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by ConcessionaireLessee, ConcessionaireLessee's Parties, Parties or ConcessionaireLessee's actions, actions or upon any other Airport property occupied, utilized, utilized or accessed by Concessionaire Lessee or ConcessionaireLessee's Parties, in any manner whatsoever. If Concessionaire Lessee does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated abated, and remediated, remediated County or any of its agencies may, upon reasonable notice to Concessionaire Lessee (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and MaterialsMaterials at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Concessionaire Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Concessionaire Lessee or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Concessionaire Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire if Concessionaire does not comply with any of its obligations.

Appears in 2 contracts

Samples: Agreement of Lease, Agreement of Lease

Environmental Responsibilities. Concessionaire Contractor shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, or accessed by Concessionaire Contractor in any manner whatsoever, that was caused by Concessionaire Contractor or any of ConcessionaireContractor's Parties, or caused by any trespasser on the Premises at any time that Concessionaire Contractor was in possession of the Premises. Concessionaire Contractor shall, at ConcessionaireContractor's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by ConcessionaireContractor, ConcessionaireContractor's Parties, or ConcessionaireContractor's actions, or upon any other Airport property occupied, utilized, or accessed by Concessionaire Contractor or ConcessionaireContractor's Parties, in any manner whatsoever. If Concessionaire Contractor does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated and remediated, County or any of its agencies may, upon reasonable notice to Concessionaire Contractor (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials; however, any such action by County or any of its agencies will not release Concessionaire Contractor from its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either Concessionaire Contractor or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Concessionaire Contractor shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire Contractor if Concessionaire Contractor does not comply with any of its obligations.

Appears in 1 contract

Samples: Agreement

Environmental Responsibilities. Concessionaire Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, utilized or accessed by Concessionaire Lessee in any manner whatsoever, that was caused by Concessionaire Lessee or any of ConcessionaireLessee's Parties, or caused by any trespasser on the Premises at any time that Concessionaire Lessee was in possession of the Premises. Concessionaire Lessee shall, at ConcessionaireLessee's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by ConcessionaireLessee, ConcessionaireXxxxxx's Parties, Parties or ConcessionaireLessee's actions, actions or upon any other Airport property occupied, utilized, utilized or accessed by Concessionaire Lessee or ConcessionaireXxxxxx's Parties, in any manner whatsoever. If Concessionaire Lessee does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated abated, and remediated, remediated County or any of its agencies may, upon reasonable notice to Concessionaire Lessee (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and MaterialsMaterials at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Concessionaire Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Concessionaire Lessee or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Concessionaire Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire if Concessionaire does not comply with any of its obligations.

Appears in 1 contract

Samples: Agreement of Lease

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Environmental Responsibilities. Concessionaire Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, utilized or accessed by Concessionaire Lessee in any manner whatsoever, that was caused by Concessionaire Lessee or any of ConcessionaireLessee's Parties, or caused by any trespasser on the Premises at any time that Concessionaire Lessee was in possession of the Premises. Concessionaire Lessee shall, at ConcessionaireXxxxxx's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by ConcessionaireXxxxxx, ConcessionaireXxxxxx's Parties, Parties or ConcessionaireLessee's actions, actions or upon any other Airport property occupied, utilized, utilized or accessed by Concessionaire Lessee or ConcessionaireXxxxxx's Parties, in any manner whatsoever. If Concessionaire Lessee does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated abated, and remediated, remediated County or any of its agencies may, upon reasonable notice to Concessionaire Lessee (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and MaterialsMaterials at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Concessionaire Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Concessionaire Lessee or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Concessionaire Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire if Concessionaire does not comply with any of its obligations.

Appears in 1 contract

Samples: Agreement of Lease

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