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 environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that Nextel’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE. 44.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel discovers Third Party Contamination, Nextel will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel from complying with an applicable reporting requirement. 44.6 GTE and Nextel shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel must develop a cost sharing procedure. 44.7 When conducting operations in any GTE manhole or vault area, Nextel shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel in meeting its obligations under this Section. 44.8 Nextel shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements. 44.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions). 44.10 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Nextel shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Environmental Responsibility. 44.1 Nextel 47.1 NEN 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 NextelNEN. In accordance with Section 44.1047.10, Nextel NEN 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 NEN must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 NEN, 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 NextelNEN’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 NEN is responsible for ensuring that all activities conducted by Nextel NEN 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 47.3 GTE and Nextel NEN 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 47.4 NEN 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 NEN after a complete and proper request by Nextel NEN 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 NEN must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelNEN’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel NEN discovers Third Party Contamination, Nextel NEN will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel NEN from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel NEN shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel NEN must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel NEN shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel NEN shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel NEN in meeting its obligations under this Section.
44.8 Nextel 47.8 NEN shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel NEN with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel NEN must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel NEN shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 3 contracts
Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement
Environmental Responsibility. 44.1 Nextel 47.1 Pathnet 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 NextelPathnet. In accordance with Section 44.1047.10, Nextel Pathnet 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 Pathnet must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 Pathnet, 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 NextelPathnet’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 Pathnet is responsible for ensuring that all activities conducted by Nextel Pathnet 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 47.3 GTE and Nextel Pathnet 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 47.4 Pathnet 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 Pathnet after a complete and proper request by Nextel Pathnet 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 Pathnet must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelPathnet’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel Pathnet discovers Third Party Contamination, Nextel Pathnet will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel Pathnet from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel Pathnet shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel Pathnet must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel Pathnet shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel Pathnet shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel Pathnet in meeting its obligations under this Section.
44.8 Nextel 47.8 Pathnet shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel Pathnet with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel Pathnet must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel Pathnet shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 3 contracts
Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement
Environmental Responsibility. 44.1 Nextel DSL 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 NextelDSL. In accordance with Section 44.10, Nextel DSL 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 DSL must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 NextelDSL, 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 NextelDSL’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 DSL is responsible for ensuring that all activities conducted by Nextel DSL 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 DSL 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 DSL 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 DSL after a complete and proper request by Nextel DSL 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 DSL must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelDSL’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel DSL discovers Third Party Contamination, Nextel DSL will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel DSL from complying with an applicable reporting requirement.
44.6 GTE and Nextel DSL shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel DSL must develop a cost sharing procedure.
44.7 When conducting operations in any GTE manhole or vault area, Nextel DSL shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel DSL shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel DSL in meeting its obligations under this Section.
44.8 Nextel DSL shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel DSL with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel DSL must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 Notwithstanding Section 2324, with respect to environmental responsibility under this Section 44, GTE and Nextel DSL shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.;
Appears in 2 contracts
Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement
Environmental Responsibility. 44.1 Nextel 47.1 AWS is responsible for compliance 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 NextelAWS. In accordance with Section 44.1047.10, Nextel AWS 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 AWS must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 AWS, 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 NextelAWS’s compliance Compliance with GTE’s practices/procedures, with this Agreement, or with GTE’s directions or recommendations will achieve compliance Compliance with any applicable lawApplicable Law. Nextel AWS is responsible for ensuring that all activities conducted by Nextel AWS 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 47.3 GTE and Nextel AWS 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 47.4 AWS 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 lawsApplicable Laws. If the relevant regulatory authority refuses to issue a separate permit, approval, or identification number to Nextel AWS after a complete and proper request by Nextel AWS 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 AWS must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance Compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelAWS’s activities will be in compliance Compliance with applicable lawsApplicable Laws, and such compliance Compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable lawApplicable Law. If Nextel AWS discovers Third Party Contamination, Nextel AWS will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel AWS from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel AWS shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel AWS must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel AWS shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance Compliance with all applicable lawsApplicable Laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel AWS shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel AWS in meeting its obligations under this Section.
44.8 Nextel 47.8 AWS shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance Compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where to the extent such additional or increased cost is incurred as a result of providing Nextel AWS with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel AWS must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2325, with respect to environmental responsibility under this Section 4447, GTE and Nextel AWS shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, costcosts, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Environmental Responsibility. 44.1 Nextel 47.1 NEWSOUTH 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 NextelNEWSOUTH. In accordance with Section 44.1047.10, Nextel NEWSOUTH 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 NEWSOUTH must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 NEWSOUTH, 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 NextelNEWSOUTH’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 NEWSOUTH is responsible for ensuring that all activities conducted by Nextel NEWSOUTH 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 47.3 GTE and Nextel NEWSOUTH 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 47.4 NEWSOUTH 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 NEWSOUTH after a complete and proper request by Nextel NEWSOUTH 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 NEWSOUTH must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelNEWSOUTH’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel NEWSOUTH discovers Third Party Contamination, Nextel NEWSOUTH will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel NEWSOUTH from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel NEWSOUTH shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel NEWSOUTH must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel NEWSOUTH shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel NEWSOUTH shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel NEWSOUTH in meeting its obligations under this Section.
44.8 Nextel 47.8 NEWSOUTH shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel NEWSOUTH with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel NEWSOUTH must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel NEWSOUTH shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 2 contracts
Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement
Environmental Responsibility. 44.1 Nextel 47.1 US Dial Tone 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 NextelUS Dial Tone. In accordance with Section 44.1047.10, Nextel US Dial Tone 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 US Dial Tone must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 US Dial Tone, 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 NextelUS Dial Tone’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 US Dial Tone is responsible for ensuring that all activities conducted by Nextel US Dial Tone 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 47.3 GTE and Nextel US Dial Tone 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 47.4 US Dial Tone 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 US Dial Tone after a complete and proper request by Nextel US Dial Tone 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 US Dial Tone must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelUS Dial Tone’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel US Dial Tone discovers Third Party Contamination, Nextel US Dial Tone will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel US Dial Tone from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel US Dial Tone shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel US Dial Tone must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel US Dial Tone shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel US Dial Tone shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel US Dial Tone in meeting its obligations under this Section.
44.8 Nextel 47.8 US Dial Tone shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel US Dial Tone with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel US Dial Tone must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel US Dial Tone shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.;
Appears in 2 contracts
Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement
Environmental Responsibility. 44.1 Nextel Spectrum 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 NextelSpectrum. In accordance with Section 44.10, Nextel Spectrum 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 Spectrum must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 NextelSpectrum, 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 NextelSpectrum’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 Spectrum is responsible for ensuring that all activities conducted by Nextel Spectrum 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 Spectrum 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 Spectrum 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 Spectrum after a complete and proper request by Nextel Spectrum 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 Spectrum must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelSpectrum’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel Spectrum discovers Third Party Contamination, Nextel Spectrum will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel Spectrum from complying with an applicable reporting requirement.
44.6 GTE and Nextel Spectrum shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel Spectrum must develop a cost sharing procedure.
44.7 When conducting operations in any GTE manhole or vault area, Nextel Spectrum shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel Spectrum shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel Spectrum in meeting its obligations under this Section.
44.8 Nextel Spectrum shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel Spectrum with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel Spectrum must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Nextel Spectrum shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Environmental Responsibility. 44.1 Nextel 47.1 NEN 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 NextelNEN. In accordance with Section 44.1047.10, Nextel NEN 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 NEN must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 NEN, 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 NextelNEN’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 XXX is responsible for ensuring that all activities conducted by Nextel NEN 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 47.3 GTE and Nextel NEN 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 47.4 NEN 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 NEN after a complete and proper request by Nextel NEN 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 NEN must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelNEN’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel NEN discovers Third Party Contamination, Nextel NEN will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel NEN from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel NEN shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel NEN must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel NEN shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel NEN shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel NEN in meeting its obligations under this Section.
44.8 Nextel 47.8 NEN shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel NEN with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel NEN must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel NEN shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 1 contract
Environmental Responsibility. 44.1 Nextel Mpower 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 NextelMpower. In accordance with Section 44.1047.10, Nextel Mpower 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 Mpower must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel. Mpower, 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 NextelMpower’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 Mpower is responsible for ensuring that all activities conducted by Nextel Mpower 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 Mpower 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 . Mpower 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 Mpower after a complete and proper request by Nextel Mpower 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 Mpower must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelMpower’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 . If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel Mpower discovers Third Party Contamination, Nextel Mpower will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel Mpower from complying with an applicable reporting requirement.
44.6 . GTE and Nextel Mpower shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel Mpower must develop a cost sharing procedure.
44.7 . When conducting operations in any GTE manhole or vault area, Nextel Mpower shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel Mpower shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel Mpower in meeting its obligations under this Section.
44.8 Nextel . Mpower shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel Mpower with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 . Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel Mpower must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 . Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel Mpower shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 1 contract
Environmental Responsibility. 44.1 Nextel 47.1 MFN 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 NextelMFN. In accordance with Section 44.1047.10, Nextel MFN 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 MFN must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 MFN, 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 NextelMFN’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 MFN is responsible for ensuring that all activities conducted by Nextel MFN 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 47.3 GTE and Nextel MFN 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 47.4 MFN 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 MFN after a complete and proper request by Nextel MFN 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 MFN must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelMFN’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel MFN discovers Third Party Contamination, Nextel MFN will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel MFN from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel MFN shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel MFN must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel MFN shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel MFN shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel MFN in meeting its obligations under this Section.
44.8 Nextel 47.8 MFN shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel MFN with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel MFN must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel MFN shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 1 contract
Environmental Responsibility. 44.1 Nextel 46.1 Lakeland 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 NextelLakeland. In accordance with Section 44.1046.10, Nextel Lakeland will indemnify GTE Tel USA 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 Tel USA Facility. Nextel Lakeland must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Tel USA Facility.
44.2 Nextel46.2 Lakeland, 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 Tel USA when working at a GTE Tel USA Facility. The Parties acknowledge and agree that nothing in this Agreement or in any of GTETel USA’s practices/procedures constitutes a warranty or representation by GTE Tel USA that NextelLakeland’s compliance with GTETel USA’s practices/procedures, with this Agreement, or with GTETel USA’s directions or recommendations will achieve compliance with any applicable law. Nextel Lakeland is responsible for ensuring that all activities conducted by Nextel Lakeland 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 46.3 Tel USA and Nextel Lakeland shall provide to each other notice of known and recognized physical hazards or hazardous substances brought to, used, or existing at the GTE Tel USA 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 any petroleum contamination in a manhole.
44.4 Nextel 46.4 Lakeland 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 Lakeland after a complete and proper request by Nextel Lakeland for same, then GTETel USA’s permit, approval, or identification number may be used as authorized by law and upon prior approval by GTETel USA. In that case, Nextel Lakeland must comply with all of GTETel USA’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTETel USA’s permits, approvals, or identification numbers, or compliance with GTETel USA’s practices/procedures constitutes a representation or warranty that NextelLakeland’s activities will be in compliance with applicable laws, and such compliance or use of GTETel USA’s permits, approvals, or identification numbers creates no right of action against GTETel USA.
44.5 46.5 If Third Party Contamination is discovered at a GTE Tel USA Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel Lakeland discovers Third Party Contamination, Nextel Lakeland will immediately notify GTE Tel USA and will consult with GTE Tel USA prior to making any required notification, unless the time required for prior consultation would preclude Nextel Lakeland from complying with an applicable reporting requirement.
44.6 GTE 46.6 Tel USA and Nextel Lakeland shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If For fees are associated with such filings, GTE Tel USA and Nextel Lakeland must develop a cost sharing procedure.
44.7 46.7 When conducting operations in any GTE Tel USA manhole or vault area, Nextel Lakeland shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel Lakeland shall not disturb building materials containing hazardous substances prior to space or power accessibility. Tel USA must approve any contracts or agreements to move the materials prior to disturbing the building materials. Lakeland shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE Tel USA manhole or vault area. GTE Tel USA shall not be responsible for any costs incurred by Nextel Lakeland in meeting its obligations under this Section.
44.8 Nextel 46.8 Lakeland shall provide reasonable and adequate compensation to GTE Tel USA for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel Lakeland with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 46.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE Tel USA and the land ownerlandowner. In this regard, Nextel Lakeland must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 46.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4446, GTE Tel USA and Nextel Lakeland shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Tel USA Facility; it being the parties’ express intention that Lakeland shall be strictly liable for liabilities arising under parts (b) and (c) of this Section 46.10.
Appears in 1 contract
Environmental Responsibility. 44.1 Nextel 47.1 NorthPoint 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 NextelNorthPoint. In accordance with Section 44.1047.10, Nextel NorthPoint 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 NorthPoint must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 NorthPoint, 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 NextelNorthPoint’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 NorthPoint is responsible for ensuring that all activities conducted by Nextel NorthPoint 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 47.3 GTE and Nextel NorthPoint 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 47.4 NorthPoint 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 NorthPoint after a complete and proper request by Nextel NorthPoint 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 NorthPoint must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelNorthPoint’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel XxxxxXxxxx discovers Third Party Contamination, Nextel NorthPoint will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel NorthPoint from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel NorthPoint shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel NorthPoint must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel NorthPoint shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel NorthPoint shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel NorthPoint in meeting its obligations under this Section.
44.8 Nextel 47.8 NorthPoint shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel NorthPoint with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel NorthPoint must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel NorthPoint shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 1 contract
Environmental Responsibility. 44.1 Nextel 47.1 Omniplex 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 NextelOmniplex. In accordance with Section 44.1047.10, Nextel Omniplex 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 Omniplex must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 Nextel47.2 Omniplex, 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 NextelOmniplex’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 Omniplex is responsible for ensuring that all activities conducted by Nextel Omniplex 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 47.3 GTE and Nextel Omniplex 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 47.4 Omniplex 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 Omniplex after a complete and proper request by Nextel Omniplex 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 Omniplex must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelOmniplex’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 47.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel Omniplex discovers Third Party Contamination, Nextel Omniplex will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel Omniplex from complying with an applicable reporting requirement.
44.6 47.6 GTE and Nextel Omniplex shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel Omniplex must develop a cost sharing procedure.
44.7 47.7 When conducting operations in any GTE manhole or vault area, Nextel Omniplex shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel Omniplex shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel Omniplex in meeting its obligations under this Section.
44.8 Nextel 47.8 Omniplex shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel Omniplex with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 47.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel Omniplex must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 47.10 Notwithstanding Section 2327, with respect to environmental responsibility under this Section 4447, GTE and Nextel Omniplex shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 1 contract
Environmental Responsibility. 44.1 Nextel SETI 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 NextelSETI. In accordance with Section 44.10, Nextel SETI 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 SETI must demonstrate adequate training and emergency response capabilities related to materials brought to, used, or existing at the GTE Facility.
44.2 NextelSETI, 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 NextelSETI’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 SETI is responsible for ensuring that all activities conducted by Nextel SETI 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 SETI 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 SETI 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 SETI after a complete and proper request by Nextel SETI 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 SETI must comply with all of GTE’s environmental, health, and safety practices/procedures relating to the activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. The Parties acknowledge and agree that nothing in this Agreement, use of GTE’s permits, approvals, or identification numbers, or compliance with GTE’s practices/procedures constitutes a representation or warranty that NextelSETI’s activities will be in compliance with applicable laws, and such compliance or use of GTE’s permits, approvals, or identification numbers creates no right of action against GTE.
44.5 If Third Party Contamination is discovered at a GTE Facility, the Party uncovering the contamination must timely notify the proper safety or environmental authorities, to the extent that such notification is required by applicable law. If Nextel SETI discovers Third Party Contamination, Nextel SETI will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude Nextel SETI from complying with an applicable reporting requirement.
44.6 GTE and Nextel SETI shall coordinate plans or information required to be submitted to government agencies, such as, by way of example only, emergency response plans and chemical inventory reporting. If fees are associated with such filings, GTE and Nextel SETI must develop a cost sharing procedure.
44.7 When conducting operations in any GTE manhole or vault area, Nextel SETI shall follow appropriate practices/procedures in evaluating and managing any water, sediment, or other material present in the manhole or vault area so as to ensure compliance with all applicable laws, regulations, permits, and requirements applicable in such circumstances and to ensure safe practices. Nextel SETI shall be responsible for obtaining any permit, regulatory approval, or identification number necessary for any of its operations involving the evaluation, collection, discharge, storage, disposal, or other management of water, sediment, or other material present in a GTE manhole or vault area. GTE shall not be responsible for any costs incurred by Nextel SETI in meeting its obligations under this Section.
44.8 Nextel SETI shall provide reasonable and adequate compensation to GTE for any additional or increased costs associated with compliance with any federal, state, or local law, regulation, permit, or agency requirement related to safety, health, or the environment where such additional or increased cost is incurred as a result of providing Nextel SETI with interconnection or collocation, including, but not limited to, costs associated with obtaining appropriate permits or agency authorizations or approvals, remediation or response to any release or threatened release of any regulated substance, investigation or testing related, and training or notification requirements.
44.9 Activities impacting safety or the environment of a Right of Way (ROW) must be harmonized with the specific agreement and the relationship between GTE and the land owner. In this regard, Nextel SETI must comply with any limitations associated with a ROW, including, but not limited to, limitations on equipment access due to environmental conditions (e.g., wetland areas having equipment restrictions).
44.10 Notwithstanding Section 2324, with respect to environmental responsibility under this Section 44, GTE and Nextel SETI shall each indemnify, defend, and hold harmless the other Party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses arising from or in connection with (a) the indemnifying Party’s negligent or willful misconduct, regardless of form; (b) the violation or alleged violation of any federal, state, or local law, regulation, permit, or agency requirement relating to safety, health, or the environment; or (c) the presence or alleged presence of contamination arising out of the indemnifying Party’s acts or omissions concerning its operations at the GTE Facility.
Appears in 1 contract
