Common use of Environmental Responsibility Clause in Contracts

Environmental Responsibility. THE CONTRACTOR will give special care to the protection of the environment, and the compliance of regulations applicable on the matter and Good Practices. Likewise, THE CONTRACTOR will adopt and implement specific contingency plans to attend to emergencies, and repair damages in the most efficient and timely manner possible. In the phases of the Agreement involving activities the performance of which is subject to environmental licenses, permits, concessions or authorizations, THE CONTRACTOR must begin the corresponding procedure before the competent authorities within ninety (90) calendar days after starting the corresponding phase. It is understood that the process to request an environmental license has begun when the following documents are filed: a) evidence of the request filed before the MAVDT, to make a statement concerning the need to elaborate he Environmental Alternative Diagnosis. b) Evidence of the request filed before the Ministry of the Interior and Justice to certify that ethnic groups exist in the area affected by the project. c) Evidence of the beginning of the environmental impact study or environmental management plan as the case may be. THE CONTRACTOR’s failure to meet the terms stated in this subsection or lack of diligence during the corresponding procedures, will not allow THE CONTRACTOR to argue to XXX x xxxxx in obtaining licenses, permits, concessions or authorizations as support to request an extension or suspension of the obligations of each corresponding phase, and will give rise to a breach of this Agreement. Whenever any activity or Exploration Operation requires permits, authorizations, concessions or environmental licenses, THE CONTRACTOR will refrain from undertaking them until the said permits, authorizations, concessions or environmental licenses are obtained. THE CONTRACTOR may not start production if the environmental impact studies are not approved and the corresponding environmental licenses and other requirements are not issued. All sanctions and preventive measures adopted by environmental authorities against THE CONTRACTOR for failure to comply with environmental duties under its charge will result in a breach of this Agreement and its subsequent termination, provided that said failure affects compliance of the obligations under this Agreement. THE CONTRACTOR will inform XXX on a semester-by-semester basis, of the of the environmental aspects of the Operations, how preventive and contingency plans are applied, and the state of ongoing procedures before the competent environmental authorities regarding permits, authorizations, concessions or licenses as the case may be.

Environmental Responsibility. THE CONTRACTOR will give special care to the protection of the environment(a) Buyer specifically acknowledges and agrees that it is solely responsible at its sole cost and expense for, and assumes all Environmental Liabilities and all risk associated with, any and all Contamination at, on, under, or migrating or originating from the compliance Properties and the Purchased Assets, whether known or unknown. If Buyer transfers or assigns in part or all of regulations applicable on its interests in the matter Properties and Good Practices. Likewisethe Purchased Assets, THE CONTRACTOR Buyer agrees that such transfer or assignment will adopt and implement specific contingency plans not release Buyer from its assumption of such Environmental Liabilities. (b) In addition to attend to emergenciesBuyer’s obligations under Section 5.1, no later than thirty (30) days after Closing (or sooner if required by Governmental Entities), Buyer shall submit or enter into any other documentation required by Governmental Entities, and repair damages in the most efficient and timely manner possible. In the phases of the Agreement involving activities the performance of which is subject to environmental licenses, permits, concessions or authorizations, THE CONTRACTOR must begin the corresponding procedure before the competent authorities within ninety (90) calendar days after starting the corresponding phase. It is understood that the process to request an environmental license has begun when the following documents are filed: a) evidence of the request filed before the MAVDTSeller shall cooperate, to make a statement concerning transfer from Seller to Buyer, agreements or obligations regarding the need Purchased Assets, including but not limited to, compliance with any outstanding orders of any Governmental Entity or ongoing groundwater monitoring and/or soil or groundwater remediation required under the Environmental Laws (the “Existing Obligations”). Buyer shall provide copies of any documentation associated with such efforts to elaborate he Environmental Alternative Diagnosis. b) Evidence Seller and take all necessary actions to substitute itself as the responsible party for any actions or activities relating to Contamination at, on, under, or originating or migrating from the Properties and the Purchased Assets. This shall include, without limitation, the execution or assumption of the request filed before the Ministry of the Interior all agreements or orders containing terms and Justice to certify that ethnic groups exist in the area affected conditions required by the project. c) Evidence of the beginning of the environmental impact study or environmental management plan as the case may be. THE CONTRACTOR’s failure Governmental Entity for Buyer to meet the terms stated in this subsection or lack of diligence during the corresponding procedures, will not allow THE CONTRACTOR to argue to XXX x xxxxx in obtaining licenses, permits, concessions or authorizations as support to request an extension or suspension of the obligations of each corresponding phase, and will give rise to a breach of this Agreement. Whenever any activity or Exploration Operation requires permits, authorizations, concessions or environmental licenses, THE CONTRACTOR will refrain from undertaking them until the said permits, authorizations, concessions or environmental licenses are obtained. THE CONTRACTOR may not start production if the environmental impact studies are not approved and the corresponding environmental licenses and other requirements are not issued. All sanctions and preventive measures adopted by environmental authorities against THE CONTRACTOR for failure to comply with environmental duties under fulfill its charge will result in a breach of this Agreement and its subsequent termination, provided that said failure affects compliance of the obligations under this Agreement. (c) Buyer further agrees to undertake, at its sole expense, from and after the Closing Date, all other reporting and notification required under the Environmental Laws for Contamination and shall undertake, in good faith and with due diligence, all Remediation Activities of Contamination that are required by the relevant Governmental Entities and in compliance with the Environmental Laws, including but not limited to the Existing Obligations. (d) Prior to Closing, Buyer shall obtain Storage Tank Liability Insurance Policies and Premises Pollution Liability III Insurance Policies with coverage limits of at least $25,000,000.00 (collectively, the “Environmental Insurance Policies”) to cover all existing known and unknown conditions for the Properties and the Purchased Assets and will list Seller as an additional, named insured. THE CONTRACTOR Buyer shall be required to maintain the Environmental Insurance Policies in full force and effect for a period of at least five (5) years after Closing and will inform XXX on a semester-by-semester basis, provide Seller with evidence of such Environmental Insurance Policies (including documentation of full payment of the premiums for the full terms of the environmental aspects policies) at Closing and thereafter within five (5) days of the Operations, how preventive and contingency plans are applied, and the state of ongoing procedures before the competent environmental authorities regarding permits, authorizations, concessions or licenses as the case may beSeller’s request.

Environmental Responsibility. THE CONTRACTOR will give special care 39.1 Each Party is required to the protection of the environmentprovide specific notice for potential imminent danger conditions which could include, and the compliance of regulations applicable on the matter and Good Practices. Likewisebut is not limited to, THE CONTRACTOR will adopt and implement specific contingency plans to attend to emergencies, and repair damages a defective utility pole or significant petroleum contamination in the most efficient and timely manner possiblea manhole. In the phases event USX wishes to bring hazardous materials to GTE facilities, USX will notify GTE and the parties will immediately negotiate the environmental health and safety practices and procedures that USX will observe at GTE facilities. In the event the parties cannot agree on the practices and procedures to be observed, the dispute may be submitted to binding arbitration by either party within five (5) Business Days. Once such a dispute is submitted to arbitration, the arbitration shall be conducted pursuant to the expedited procedures rules of the Agreement involving activities Commercial Arbitration Rules of the performance American Arbitration Association (i.e., rules 53 through 57). Each Party shall bear its own costs of these procedures. The Parties shall equally split the fees of the arbitration and the arbitrator. 39.2 GTE will make available additional environmental control or safety procedures for USX to review, and USX will make best efforts to follow these procedures 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. 39.3 Any materials brought to or stored at a GTE Facility by USX are the property of USX. USX must demonstrate adequate emergency response capabilities for its materials brought to or stored at the GTE Facility. 39.4 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 USX discovers contamination which is subject it reasonably believes was caused by a Third Party , USX will immediately notify GTE and will consult with GTE prior to making any required notification, unless the time required for prior consultation would preclude USX from complying with an applicable reporting requirement. 39.5 USX shall obtain and use its own environmental licenses, permits, concessions approvals, or authorizationsidentification numbers to the extent that such permits, THE CONTRACTOR 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 USX after a complete and proper request by USX 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, USX must begin comply with all of GTE’s environmental, health, and safety practices/procedures relating to the corresponding procedure before activity in question, including, but not limited to, use of environmental “best management practices (BMP)” and selection criteria for vendors and disposal sites. GTE will provide USX such BMP and the competent authorities within ninety (90) calendar days after starting the corresponding phase. It is understood that the process complete information needed to request an environmental license has begun when the following documents are filed: a) evidence of the request filed before the MAVDT, follow such practices in a timely manner prior to make a statement concerning the need to elaborate he Environmental Alternative Diagnosis. b) Evidence of the request filed before the Ministry of the Interior for such information occuring. The Parties acknowledge and Justice to certify agree that ethnic groups exist in the area affected by the project. c) Evidence of the beginning of the environmental impact study or environmental management plan as the case may be. THE CONTRACTOR’s failure to meet the terms stated nothing in this subsection or lack Agreement, use of diligence during the corresponding procedures, will not allow THE CONTRACTOR to argue to XXX x xxxxx in obtaining licenses, GTE’s permits, concessions approvals, or authorizations as support to request an extension identification numbers, or suspension of the obligations of each corresponding phasecompliance with GTE’s practices/procedures constitutes a representation or warranty that USX’s activities will be in compliance with applicable laws, and will give rise to a breach such compliance or use of this Agreement. Whenever any activity or Exploration Operation requires GTE’s permits, authorizationsapprovals, concessions or environmental licenses, THE CONTRACTOR will refrain from undertaking them until the said permits, authorizations, concessions or environmental licenses are obtained. THE CONTRACTOR may not start production if the environmental impact studies are not approved and the corresponding environmental licenses and other requirements are not issued. All sanctions and preventive measures adopted by environmental authorities identification numbers creates no right of action against THE CONTRACTOR for failure to comply with environmental duties under its charge will result in a breach of this Agreement and its subsequent termination, provided that said failure affects compliance of the obligations under this Agreement. THE CONTRACTOR will inform XXX on a semester-by-semester basis, of the of the environmental aspects of the Operations, how preventive and contingency plans are applied, and the state of ongoing procedures before the competent environmental authorities regarding permits, authorizations, concessions or licenses as the case may beGTE.