Environmental Responsibility. 44.1 Nextel is responsible for compliance with all laws regarding the handling, use, transport, storage, and disposal of, and for all hazards created by and damages or injuries caused by, any materials brought to or used at the Facility by Nextel. In accordance with Section 44.10, Nextel will indemnify GTE for all claims, fees, penalties, damages, and causes of action with respect to these materials. No substantial new safety or environmental hazards shall be created or new hazardous substances shall be used at a GTE Facility. Nextel must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel, its invitees, agents, employees, and contractors agree to comply with such reasonable environmental or safety practices/procedures, whether or not required by law, as requested by GTE when working at a GTE Facility. The Parties acknowledge and agree that nothing in this Agreement or in any of GTE’s practices/procedures constitutes a warranty or representation by GTE that Nextel’s compliance with GTE’s practices/procedures, with this Agreement, or with GTE’s directions or recommendations will achieve compliance with any applicable law. Nextel is responsible for ensuring that all activities conducted by Nextel at the Facility are in accordance with all applicable federal, state, and local laws, regulations, permits, and agency orders, approvals, and authorizations relating to safety, health, and the environment.
44.3 GTE and Nextel shall provide to each other notice of known and recognized physical hazards or hazardous substances brought to, used, or existing at the GTE Facility. Each Party is required to promptly provide specific notice of conditions or circumstances potentially posing a threat of imminent danger, including, by way of example only, a defective utility pole or significant petroleum contamination in a manhole.
44.4 Nextel shall obtain and use its own environmental permits, approvals, or identification numbers to the extent that such permits, approvals, or identification numbers are required under applicable laws. If the relevant regulatory authority refuses to issue a separate permit, approval, or identification number to Nextel after a complete and proper request by Nextel for same, then GTE’s permit, approval, or identification number may be used as authorized by law and upon prior approval by GTE. In that case, Nextel must comply with all of GTE’s environme...
Environmental Responsibility. 42.1 GTE and Wireless 2000 agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility or involving potential employee exposure.
42.2 GTE and Wireless 2000 shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole.
42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection.
42.4 Any materials brought, used or remaining at the Facility by Wireless 2000 are owned by Wireless 2000. Wireless 2000 will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility.
42.5 When third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contami...
Environmental Responsibility. Tenant must supply Landlord Material Safety Data Sheets for all chemicals used by Tenant. Tenant must comply with the OSHA and EPA requirements. Noise levels created by Tenant's machinery must not exceed a limit of 85 decibels or such noise level required by the applicable zoning ordinance, whichever is lower. Tenant shall defend and hold Landlord harmless from all fines, penalties and costs relating to any violation or noncompliance with such laws and regulations.
Environmental Responsibility. THE CONTRACTOR will give special care to the protection of the environment, and the compliance of regulations applicable on the matter and Good Practices. Likewise, THE CONTRACTOR will adopt and implement specific contingency plans to attend to emergencies, and repair damages in the most efficient and timely manner possible. In the phases of the Agreement involving activities the performance of which is subject to environmental licenses, permits, concessions or authorizations, THE CONTRACTOR must begin the corresponding procedure before the competent authorities within ninety (90) calendar days after starting the corresponding phase. It is understood that the process to request an environmental license has begun when the following documents are filed:
a) evidence of the request filed before the MAVDT, to make a statement concerning the need to elaborate he Environmental Alternative Diagnosis.
b) Evidence of the request filed before the Ministry of the Interior and Justice to certify that ethnic groups exist in the area affected by the project.
c) Evidence of the beginning of the environmental impact study or environmental management plan as the case may be. THE CONTRACTOR’s failure to meet the terms stated in this subsection or lack of diligence during the corresponding procedures, will not allow THE CONTRACTOR to argue to XXX x xxxxx in obtaining licenses, permits, concessions or authorizations as support to request an extension or suspension of the obligations of each corresponding phase, and will give rise to a breach of this Agreement. Whenever any activity or Exploration Operation requires permits, authorizations, concessions or environmental licenses, THE CONTRACTOR will refrain from undertaking them until the said permits, authorizations, concessions or environmental licenses are obtained. THE CONTRACTOR may not start production if the environmental impact studies are not approved and the corresponding environmental licenses and other requirements are not issued. All sanctions and preventive measures adopted by environmental authorities against THE CONTRACTOR for failure to comply with environmental duties under its charge will result in a breach of this Agreement and its subsequent termination, provided that said failure affects compliance of the obligations under this Agreement. THE CONTRACTOR will inform XXX on a semester-by-semester basis, of the of the environmental aspects of the Operations, how preventive and contingency plans are applied, an...
Environmental Responsibility. Any production, unloading, handling, storing, using, processing, selling, or disposing of Renewable Hydrocarbons or any impurity, derivative product, by product and waste product thereof by either Party shall be done in a safe and environmentally responsible manner, with due regard to health and industrial hygiene.
Environmental Responsibility. 44.1 GTE and DTI agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving DTI potential employee exposure.
Environmental Responsibility. The Parties agree that prior to such time as either Party may place its equipment in the other Party’s premises pursuant to a collocation or some other arrangement, the Parties will negotiate appropriate terms with respect to responsibility for environmental matters.
Environmental Responsibility. (A) Seller shall conduct all negotiations with the Authorities with respect to the remediation of the Properties, for which Seller is responsible under Section 7.3(D); provided, however, that Purchaser may attend, but not actively participate in, any such negotiations. The Parties acknowledge that Seller shall have the lead responsibility for setting policy, establishing direction and conducting negotiations with the Authorities relating to the remediation of Covered Contamination, and Purchaser shall neither contact nor negotiate with the Authorities independently of Seller in connection with the remediation of Covered Contamination. Seller shall provide Purchaser with copies of all correspondence or other documents it receives from the Authorities, and shall furnish Purchaser copies of all correspondence and other documents it supplies to the Authorities, relating to any remedial action plan submitted by Seller with regard to the Properties. Purchaser shall provide Seller with copies of all correspondence and documents it receives from or provides to the Authorities during the period of Seller's remediation activities on any Property.
(B) As to each Property transferred or conveyed to Purchaser, Seller shall undertake after the Closing Date, at its expense, all reporting and notification required by law and all remediation or further investigation of Covered Contamination on, under or originating from such Property, in compliance with the requirements of the Authorities and all applicable environmental laws and regulations and until Closure is obtained pursuant to this Section 7.4(B). Seller shall be entitled to the benefit of any government reimbursement funds that may be available with respect to such remediation of Covered Contamination. Seller shall coordinate administrative efforts to recover such reimbursement. Seller shall remediate the Covered Contamination on or migrating (or migrated) from any Property in accordance with all applicable laws and regulations, until:
(1) Receipt of written notice from the Authorities that either no further remediation of the Covered Contamination identified in the Baseline Report is required, or that the approved remediation plan of the Covered Contamination identified in the Baseline Report has been completed; or
(2) Seller has requested closure notice from the Authorities, has not received any response of any kind to its request for a closure notice for twelve (12) months and Seller has determined that the soil ...
Environmental Responsibility. 45.1 CD is responsible for compliance with all laws regarding the handling, use, transport, storage, and disposal of, and for all hazards created by and damages or injuries caused by, any materials brought to or used at the Facility by CD. CD shall not be responsible with respect to pre-existing hazards at the Facility. In accordance with Section 45.10, CD will indemnify Spectra for all claims, fees, penalties, damages, and causes of action with respect to these materials. No new safety or environmental hazards shall be created or new hazardous substances shall be used at a Spectra Facility. CD must demonstrate adequate training and emergency response capabilities related to CD materials brought to, used, or existing at the other Spectra Facility.
45.2 CD, its invitees, agents, employees, and contractors agree to comply with such reasonable environmental or safety practices/procedures, whether or not required by law, as requested by Spectra when working at a Spectra Facility. The Parties acknowledge and agree that nothing in this Agreement or in any of Spectra’s practices/procedures constitutes a warranty or representation by Spectra that CD’s compliance with Spectra’s practices/procedures, with this Agreement, or with Spectra’s directions or recommendations will achieve compliance with any applicable law. CD is responsible for ensuring that all activities conducted by CD at the Facility are in accordance with all applicable federal, state, and local laws, regulations, permits, and agency orders, approvals, and authorizations relating to safety, health, and the environment.
45.3 Spectra and CD shall provide to each other notice of known and recognized physical hazards or hazardous substances brought to, used, or existing at the Spectra Facility. Each Party is required to promptly provide specific notice of conditions or circumstances potentially posing a threat of imminent danger, including, by way of example only, a defective utility pole or any petroleum contamination in a manhole.
45.4 CD shall obtain and use its own environmental permits, approvals, or identification numbers to the extent that such permits, approvals, or identification numbers are required under applicable laws. If the relevant regulatory authority refuses to issue a separate permit, approval, or identification number to CD after a complete and proper request by CD for same, then Spectra’s permit, approval, or identification number may be used as authorized by law and upon prior approv...
Environmental Responsibility. 45.1 CD is responsible for compliance with all laws regarding the handling, use, transport, storage, and disposal of, and for all hazards created by and damages or injuries caused by, any materials brought to or used at the Facility by CD. CD shall not be responsible with respect to pre-existing hazards at the Facility. In accordance with Section 45.10, CD will indemnify CenturyTel for all claims, fees, penalties, damages, and causes of action with respect to these materials. No new safety or environmental hazards shall be created or new hazardous substances shall be used at a CenturyTel Facility. CD must demonstrate adequate training and emergency response capabilities related to CD materials brought to, used, or existing at the other CenturyTel Facility.
45.2 CD, its invitees, agents, employees, and contractors agree to comply with such reasonable environmental or safety practices/procedures, whether or not required by law, as requested by CenturyTel when working at a CenturyTel
