Environmental Risk Management. Owner acknowledges and understands that Manager, except with respect to the obligations set forth in Section 3.05 and Schedule D, is not responsible for (1) evaluating the presence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon, or radioactive materials upon, within, above, or beneath the Properties; (2) maintaining or evaluating compliance with environmental, hazardous or solid materials or waste laws, rules and regulations except for any operating and maintenance plan applicable to the Properties or in connection with Manager’s construction management duties; or (3) conducting or ensuring clean-up or remediation of existing or identified hazardous material spills or contamination unless the parties otherwise agree in writing or as expressly provided herein.
(a) Accordingly, Manager’s obligations to Owner with respect to the presence of Hazardous Materials and/or with the compliance and enforcement of Hazardous Materials Laws shall be subject to, conditioned upon, and limited by the following:
(i) Owner may from time to time, at Owner’s sole discretion and expense, obtain from an independent environmental consultant retained by Owner, an environmental assessment report on the Properties (or any of them) and may have such assessment report periodically updated.
(ii) Except as provided by Section 3.14(a)(iii), Section 3.05, Schedule D, or as otherwise expressly agreed in writing by the parties, Manager shall not be obligated to make an independent determination as to the presence or absence of Hazardous Materials, or whether the Properties are in violation or compliance with any Hazardous Materials Laws. Manager may seek, on Owner’s behalf and at Owner’s expense, to enforce a resident’s compliance with any Hazardous Materials Laws in accordance with an environmental consultant’s recommendations contained in any environmental assessment report. Manager shall not have any obligation to determine whether or not Owner, any residents, the Properties, or any portion thereof is in compliance with Hazardous Materials Laws; provided, Manager shall promptly notify Owner of any violations or potential violations of Hazardous Materials Laws observed on the Properties.
(iii) Manager shall be responsible for any Hazardous Materials which it uses or introduces to the Properties, including storage, containment, removal, or remediation as required by applicable law. To the extent Hazardous Materials (such as cleaning suppli...
Environmental Risk Management. (a) Manager shall not place or cause to be placed on the Property, other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, any hazardous or toxic wastes or substances, as such terms are defined by federal, state or municipal statutes or regulations promulgated thereunder (collectively, “Hazardous Materials”). If Manager discovers the existence of any Hazardous Materials on the Property, Manager shall immediately notify Owner. If such Hazardous Materials were placed or caused to be placed on the Property by Manager other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, Manager shall, at its cost, diligently arrange for and complete the immediate removal thereof in accordance with applicable laws and Owner’s directions. Except as expressly provided herein to the contrary, Manager shall not be responsible for any Hazardous Materials present on the Property prior to the Effective Date hereof, unless deposited thereon by Manager, nor shall Manager be responsible for any Hazardous Materials brought onto the Property by any person or entity other than Manager. Manager shall immediately notify Owner of any notice received by Manager from any governmental authority of any actual or threatened violation of any applicable laws, regulations or ordinances governing the use, storage or disposal of any Hazardous Materials and shall cooperate with Owner in responding to such notice and correcting or contesting any alleged violation at Owner’s expense.
(b) Owner acknowledges that Manager is not an environmental consultant and does not have expertise or qualifications in the field of Hazardous Materials. Therefore, with respect to any environmental conditions or issues pertaining to Hazardous Materials at the Property, Owner agrees that Manager and its officers, directors, agents, partners, shareholders and employees are not and shall not be deemed “operators” of the Property or any tenant operations therein or thereon (or have any comparable legal status) for purposes of any federal, state or local laws regarding Hazardous Materials. Furthermore, unless agreed to in a separate written document signed by Owner and Manager, Manager shall not be responsible for the storage, transportation, disposal, abatement, cleanup or removal of Hazardous Materials on, in or at the Property, except as expressly provided above.
(c) Owner agrees to notify M...
Environmental Risk Management. Manager shall notify Owner of all legal requirements pertaining to the Property of which it becomes aware regarding hazardous materials, as the same may be defined by federal, state or local statute, regulation, rule or ordinance ("Hazardous Materials") and agrees to notify Owner immediately (within a 24 hour period) if it becomes aware of any violation of any such laws regarding Hazardous Materials or the existence of any Hazardous Materials on the Property. Owner acknowledges that Manager is not an expert in Hazardous Materials, and Manager's role shall be limited to assisting and coordinating with applicable federal, state and local authorities to effectuate a cleanup of any Hazardous Materials on the Property. Manager further agrees to timely assist and cooperate with Owner in working with applicable federal, state or local authorities to effectuate a cleanup of any Hazardous Materials on the Property, with all such decisions and actions being subject to Owner's prior written approval. Notwithstanding any termination of this Agreement, Owner agrees to indemnify, defend and save Manager harmless from and against any claim demand, liability, loss, damages, expenses (including without limitation court costs and reasonable attorneys' fees) based on or arising out of the presence or removal of, or failure to remove, Hazardous Materials generated, used, stored or disposed of in, on or about the Property; provided, however, that such indemnity shall not extend to any gross negligence by Manager with respect to such Hazardous Materials.
Environmental Risk Management. Owner acknowledges and understands that Manager is not qualified to evaluate the presence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon, or radioactive materials upon, within, above, or beneath the Property; compliance with environmental, hazardous or solid materials or waste laws, rules and regulations; or the clean-up or remediation of hazardous materials spills or contamination. Accordingly, notwithstanding the provisions of Section 4.12 above, Manager’s obligations to Owner with respect to the presence of hazardous or toxic substances, mold, waste (including solid waste) gas, liquid or materials; electromagnetic field and radon; lead; asbestos; or radioactive materials upon, within, above, or beneath the Property (hereinafter collectively “Hazardous Materials”), and/or with the compliance and enforcement of federal, state, and local laws, rules, regulations, directives, ordinances, and requirements relating to Hazardous Materials (hereinafter collectively “Hazardous Materials Laws”) shall be subject to, conditioned upon, and limited by the following:
(a) To the extent desired by Owner, Owner shall, at Owner’s sole discretion and expense, obtain from an independent environmental consultant retained by Owner, and acceptable to Manager, an environmental assessment report on the Property, and shall have such assessment report periodically updated by such environmental consultant based upon the consultant’s inspections of the Property, including tenant spaces and tenants’ proposed and actual uses of such spaces. The environmental assessment report and all updates thereto shall be delivered to the Owner and the Manager, and shall include evaluations by the consultant as to whether the Property or any tenant’s space is in violation of any Hazardous Materials Laws or whether the Property or any tenant’s space is one in which a specific disclosure regarding Hazardous Materials must be made.
(b) In no event will the Manager make an independent determination as to the presence or absence of Hazardous Materials, or whether the Property or any particular tenant space is in violation or compliance with any Hazardous Materials Laws. The Manager’s sole responsibility shall be to act, at the direction of the Owner’s environmental consultant, if any, and the Owner, to (i) undertake, on the Owner’s behalf and at the Owner’s expense, necessary actions for the Owner to comply with Hazardous Materials Laws in accordance wi...
Environmental Risk Management. (a) Notwithstanding anything to the contrary contained herein, Owner acknowledges and understands that Agent is not qualified to (x) evaluate the presence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon, radioactive materials, or other environmental concerns under applicable law, upon, within, above, or beneath the Property (collectively, "Hazardous Materials"); (y) maintain or evaluate compliance with environmental, Hazardous Materials or waste laws, rules and regulations; or (z) conduct or ensure clean-up or remediation of Hazardous Material spills or contamination. Any environmental assessment report of the Property will be obtained from an independent environmental consultant retained by Owner. In no event will Agent make an independent determination as to the presence or absence of Hazardous Materials, or whether Owner, the Property or any particular tenant is in violation or compliance with any laws relating to Hazardous Materials ("Hazardous Materials Laws"). Agent shall have no obligation or liability with respect to the abatement, clean-up or remediation of any spill of or contamination from any Hazardous Materials relating to the Property. Owner agrees that, with respect to any abatement, clean-up or remedial action, Owner shall employ a qualified and licensed environmental clean-up company to undertake such responsibilities.
(b) Owner hereby agrees to indemnify, defend, and hold harmless Agent and its affiliates from any claim, liability, demand, damages, penalty, injury or expense (including attorneys' fees) arising out of or relating to (A) the act or omissions of Agent within the scope of this Agreement or otherwise following Owner's or Owner's consultants' directions; (B) the failure of Owner to authorize and fully fund expenses for the fulfillment of recommendations contained in any environmental assessment reports; (C) the acts, omissions or negligence of Owner or Owner's environmental remediation contractors or environmental consultant, or the failure of any such contractor or consultant to fulfill its obligations with respect to the Property; (D) any actual or alleged violation of the Property with respect to Hazardous Materials Laws; (E) any personal or property damage caused as a result of Hazardous Materials on the property; (F) any attempt to designate Agent as an "operator" or "generator" under applicable law, or otherwise liable as a party under any other environmental law; and (G) ...
Environmental Risk Management. 6.7.1 This clause applies if the Mortgagee at any time determines that in the context of Environmental Protection Law and any Business or any activity carried on using Mortgaged Property there is a risk that this security or its value or the Mortgagor's ability to pay Secured Money may be adversely affected. If the Mortgagee notifies the Mortgagor that it has made such a determination the Mortgagor must establish and maintain an environmental risk management programme which:
Environmental Risk Management. If requested by the Mortgagee at any time, the Mortgagor must establish and maintain an environmental risk management programme which:
Environmental Risk Management. (a) The Parties acknowledge that, in order to address the Contaminants that exist in, on or under the Lands prior to the Commencement Date, a Risk Assessment is being completed by the Landlord and an RSC will be filed on the Ministry of the Environment, Conservation and Parks’ Environmental Site Registry in accordance with the Landlord’s Site Readiness Activities. The Parties further acknowledge that a CPU may be issued identifying RMM for the Lands. The Tenant shall, throughout the Term, comply with the RMM and any CPU(s).
(b) The Tenant shall, throughout the Term, and any Extension Term, ensure that no part of the Lands: (i) contains any Contaminants that are not Landlord Contaminants; or (ii) is used, without limitation, by the Tenant or any Tenant Person, to generate, store, release, or dispose of any Hazardous Substances, except in each case, in strict compliance with all Environmental Laws.
(c) In the event there are Contaminants located on, released on and/or released from the Lands during the Term that are not Landlord Contaminants, the Tenant shall, acting in a commercially reasonable manner and in accordance with generally accepted engineering and environmental practices in Ontario, be responsible to remediate such Contaminants to the then applicable Remediation Standards, at its own cost provided that the Landlord shall be responsible for and pay any Incremental Environmental Costs, and to otherwise manage such Contaminants as would a prudent owner of such Lands. Prior to any such remediation, the Tenant shall provide the Landlord with a remediation plan (a “Remediation Plan”) for Approval by the Landlord, prepared by a reputable environmental consultant and addressed to the Tenant and the Landlord, which sets out the scope of the remediation, the timetable for the completion of the remediation, and the estimated cost of such remediation. The Tenant shall, throughout the Term, be entitled to reimbursement by the Landlord for all Incremental Environmental Costs incurred by the Tenant (including, for greater certainty, any such costs incurred by the Tenant in carrying out its obligations with respect to maintenance and repair except to the extent the Tenant is negligent in carrying out such obligations). Subject to the Landlord’s right to dispute all or any portion of the Remediation Plan (in which event the Tenant shall not proceed with the Remediation Plan except to the extent required by Environmental Laws and shall not incur any Incremental En...
Environmental Risk Management. The CONTRACTOR shall and shall procure that the CONTRACTOR GROUP shall co-operate with COMPANY in managing the environmental effects arising from operations.
Environmental Risk Management. PORT acknowledges and understands that Property Manager, except with respect to the obligations set forth in Section 3.04, is not responsible for (1) evaluating the presence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon or radioactive materials upon, within, above, or beneath the Properties; (2) maintaining or evaluating compliance with environmental, hazardous or solid materials or waste laws, rules and regulations except for any operating and maintenance plan applicable to the Properties or in connection with Property Manager’s construction management duties; or (3) conducting or ensuring clean-up or remediation of existing or identified hazardous material spills or contamination unless the parties otherwise agree in writing or as expressly provided herein.
