Common use of Environmental Responsibility Clause in Contracts

Environmental Responsibility. 42.1 GTE and Wireless 2000 agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility or involving potential employee exposure. 42.2 GTE and Wireless 2000 shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 Any materials brought, used or remaining at the Facility by Wireless 2000 are owned by Wireless 2000. Wireless 2000 will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 When third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 GTE and Wireless 2000 shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 must develop a cost sharing procedure. 42.9 Notwithstanding Section 22, GTE and Wireless 2000 shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 XXX agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 19701970 ("EH&S Laws"). Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving XXX potential employee exposure. 42.2 44.2 GTE and Wireless 2000 XXX shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 XXX to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 XXX are owned by Wireless 2000XXX. Wireless 2000 XXX will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 XXX must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 When third party 44.5 If Third Party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authorityauthorities, if to the extent required under EH&S laws. XXX will consult with GTE prior to making the notification, unless the time required for prior consultation would preclude XXX from complying with the applicable laws or regulationsreporting requirement. Wireless 2000 XXX must also notify GTE of third party Third Party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 XXX should obtain and use its own environmental permits, if necessaryapprovals, or identification numbers, to the extent such permits, approvals, or identification numbers are required under applicable EH&S Laws. If the relevant regulatory authority refuses to issue a separate permit, approval, or identification number to XXX, then GTE's permit permit, approval, or EPA identification number must may be used, Wireless 2000 and XXX must comply with all of GTE's environmental processes practices/procedures relating to the activity in question, including use of environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sitessites in accordance with GTE's selection criteria. 42.7 Wireless 2000 44.7 XXX visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 XXX shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 XXX must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2223, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 XXX shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 QTC agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving QTC potential employee exposure. 42.2 44.2 GTE and Wireless 2000 QTC shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 QTC to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 QTC are owned by Wireless 2000QTC. Wireless 2000 QTC will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 QTC must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 44.5 When third party contamination Third Party Contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 QTC must also notify GTE of third party contamination Third Party Contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 Section 25 and 42.9 hereunderSection 44.9 of this Article III, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 QTC should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 QTC must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 44.7 QTC visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 QTC shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 QTC must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2224, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 QTC shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall 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 proximately caused by the indemnifying Party's ’s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 GTE and Wireless 2000 Bluegrass agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility or involving potential employee exposure. 42.2 GTE and Wireless 2000 Bluegrass shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 Bluegrass to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 Any materials brought, used or remaining at the Facility by Wireless 2000 Bluegrass are owned by Wireless 2000Bluegrass. Wireless 2000 Bluegrass will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 Bluegrass must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 When third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 Bluegrass must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 Bluegrass should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 Bluegrass must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 Bluegrass visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 GTE and Wireless 2000 Bluegrass shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 Bluegrass must develop a cost sharing procedure. 42.9 Notwithstanding Section 22, GTE and Wireless 2000 Bluegrass shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 Bluegrass shall 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 KCC agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and an OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving KCC potential employee exposure. 42.2 44.2 GTE and Wireless 2000 KCC shall provide notice of known and recognized physical hazards or hazardous hazardou chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 KCC to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 KCC are owned by Wireless 2000KCC. Wireless 2000 KCC will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 KCC must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 44.5 When third party Third Party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 KCC must also notify GTE of third party Third Party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 24 and 42.9 44.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 KCC should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 KCC must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 44.7 KCC visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 KCC shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 KCC must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2223, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 KCC shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 Tallgrass agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving Tallgrass potential employee exposure. 42.2 44.2 GTE and Wireless 2000 Tallgrass shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 Tallgrass to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 Tallgrass are owned by Wireless 2000Tallgrass. Wireless 2000 Tallgrass will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 Tallgrass must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 44.5 When third party Third Party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 Tallgrass must also notify GTE of third party Third Party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 Section 24 and 42.9 hereunderSection 44.9 of this Article III, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 Tallgrass should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 Tallgrass must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 44.7 Tallgrass visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 Tallgrass shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 Tallgrass must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2223, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 Tallgrass shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party 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 proximately caused by the indemnifying Party's ? s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 GTE and Wireless 2000 360° agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility or involving potential employee exposure. 42.2 GTE and Wireless 2000 360° shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 360° to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 Any materials brought, used or remaining at the Facility by Wireless 2000 360° are owned by Wireless 2000360°. Wireless 2000 360° will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 360° must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 When third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 360° must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 360° should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 360° must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 360° visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 GTE and Wireless 2000 360° shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 360° must develop a cost sharing procedure. 42.9 Notwithstanding Section 22, GTE and Wireless 2000 360° shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 360° shall 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 41.1 GTE and Wireless 2000 Hyperion agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility LEC facility or involving Hyperion potential employee exposure. 42.2 41.2 GTE and Wireless 2000 Hyperion shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facilityfacility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 41.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 Hyperion to review and follow when working at a GTE Facilityfacility. Providing these procedures, beyond government regulatory Compliance compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 41.4 Any materials brought, used or remaining at the Facility facility by Wireless 2000 Hyperion are owned by Wireless 2000Hyperion. Wireless 2000 Hyperion will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facilityfacility. Wireless 2000 Hyperion must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facilityfacility. 42.5 41.5 When third party contamination is discovered at a GTE Facilityfacility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 Hyperion must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 41.6 Hyperion should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 Hyperion must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 41.7 Hyperion visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 41.8 GTE and Wireless 2000 Hyperion shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 Hyperion must develop a cost sharing procedure. 42.9 41.9 Notwithstanding Section 22, GTE and Wireless 2000 shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 2123, with respect to environmental responsibility under this Section 42section 41, GTE and Wireless 2000 Hyperion shall 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 proximately caused by the indemnifying Party's negligent party’s negligence or willful wilful misconduct regardless of formform of pleading, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's negligent or willful acts or omissions concerning its operations at the Facilityfacility. 42.10 41.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 Mountaineer agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and an Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving Mountaineer potential employee exposure. 42.2 44.2 GTE and Wireless 2000 Mountaineer shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 Mountaineer to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 Mountaineer are owned by Wireless 2000Mountaineer. Wireless 2000 Mountaineer will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 Mountaineer must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 44.5 When third party contamination Third Party Contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 Mountaineer must also notify GTE of third party contamination Third Party Contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 Section 24 and 42.9 hereunderSection 44.9 of this Article III, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 Mountaineer should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 Mountaineer must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 44.7 Mountaineer visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 Mountaineer shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 Mountaineer must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2223, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 Mountaineer shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall 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 proximately caused by the indemnifying Party's ’s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 GTE and Wireless 2000 Horizon agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility facility or involving potential employee exposure. 42.2 GTE and Wireless 2000 Horizon shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facilityfacility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 Horizon to review and follow when working at a GTE Facilityfacility. Providing these procedures, beyond government regulatory Compliance compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 Any materials brought, used or remaining at the Facility facility by Wireless 2000 Horizon are owned by Wireless 2000Horizon. Wireless 2000 Horizon will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facilityfacility. Wireless 2000 Horizon must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facilityfacility. 42.5 When third party contamination is discovered at a GTE Facilityfacility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 Horizon must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 Horizon should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 Horizon must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 Horizon visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 GTE and Wireless 2000 Horizon shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 Horizon must develop a cost sharing procedure. 42.9 Notwithstanding Section 22, GTE and Wireless 2000 Horizon shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facilityfacility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 GTE and Wireless 2000 The Parties agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility LEC facility or involving **ILEC potential employee exposure. 42.2 GTE and Wireless 2000 The Parties shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facilityfacility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 **ILEC to review and follow when working at a GTE Facilityfacility. Providing these procedures, beyond government regulatory Compliance compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 Any materials brought, used or remaining at the Facility facility by Wireless 2000 **ILEC are owned by Wireless 2000**ILEC. Wireless 2000 **ILEC will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facilityfacility. Wireless 2000 **ILEC must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facilityfacility. 42.5 When third party contamination is discovered at a GTE Facilityfacility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 **ILEC must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 ILEC should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 **ILEC must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 ILEC visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 GTE and Wireless 2000 **ILEC shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 **ILEC must develop a cost sharing procedure. 42.9 Notwithstanding Section 2221, GTE and Wireless 2000 **ILEC shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facilityfacility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 GTE and Wireless 2000 Appalachian agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ Facility or involving potential employee exposure. 42.2 GTE and Wireless 2000 Appalachian shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 Appalachian to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 Any materials brought, used or remaining at the Facility by Wireless 2000 Appalachian are owned by Wireless 2000Appalachian. Wireless 2000 Appalachian will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 Appalachian must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 When third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 Appalachian must also notify GTE of third party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 and 42.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 Appalachian should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 Appalachian must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 Appalachian visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 GTE and Wireless 2000 Appalachian shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 Appalachian must develop a cost sharing procedure. 42.9 Notwithstanding Section 22, GTE and Wireless 2000 Appalachian shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 Appalachian shall 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 ACI agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving ACI potential employee exposure. 42.2 44.2 GTE and Wireless 2000 ACI shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 ACI to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 ACI are owned by Wireless 2000ACI. Wireless 2000 ACI will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 ACI must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 44.5 When third party Third Party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 ACI must also notify GTE of third party Third Party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 24 and 42.9 44.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 ACI should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 ACI must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 44.7 ACI visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 ACI shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 ACI must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2223, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 ACI shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 42.1 44.1 GTE and Wireless 2000 ALLENDALE agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a Parties’ LEC Facility or involving ALLENDALE potential employee exposure. 42.2 44.2 GTE and Wireless 2000 ALLENDALE shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 42.3 44.3 GTE will make available additional environmental control or safety procedures for Wireless 2000 ALLENDALE to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 42.4 44.4 Any materials brought, used or remaining at the Facility by Wireless 2000 ALLENDALE are owned by Wireless 2000ALLENDALE. Wireless 2000 ALLENDALE will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Wireless 2000 ALLENDALE must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 42.5 44.5 When third party Third Party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Wireless 2000 ALLENDALE must also notify GTE of third party Third Party contamination it discovers at GTE facilities. The cost xxxxxx (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Sections 22 24 and 42.9 44.9 hereunder, the cost xxxxxx (requiring access) shall indemnify the other Party hereunder. 42.6 Wireless 2000 44.6 ALLENDALE should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Wireless 2000 ALLENDALE must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 42.7 Wireless 2000 44.7 ALLENDALE visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 42.8 44.8 GTE and Wireless 2000 ALLENDALE shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Wireless 2000 ALLENDALE must develop a cost sharing procedure. 42.9 44.9 Notwithstanding Section 2223, with respect to environmental responsibility under this Section 44, GTE and Wireless 2000 ALLENDALE shall 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 or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party 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 proximately caused by the indemnifying Party's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 42.10 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).