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.
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. 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. (a)
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.
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:
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.
Environmental Risk Management. 3.5 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. (a) Owner acknowledges and understands that Manager is not qualified to (x) evaluate the presence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon, or radioactive materials upon, within, above, or beneath any Property; (y) maintain or evaluate compliance with environmental, hazardous or solid materials or waste laws, rules and regulations; or (z) conduct or ensure clean-up or remediation of hazardous materials spills or contamination. Accordingly, notwithstanding the provisions of Section 3.12 above, Manager’s obligations to Owner with respect to the presence of hazardous or toxic substances, mold, waste (including solid waste) gas, liquid, materials, electromagnetic fields, radon, lead, asbestos, radioactive materials, or other environmental concerns upon, within, above, or beneath any 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:
Environmental Risk Management. (A) Property 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 Property Manager discovers the existence of any Hazardous Materials on the Property, Property Manager shall immediately notify Owner. If such Hazardous Materials were placed or caused to be placed on the Property by Property Manager other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, Property Manager shall promptly notify Owner in writing thereof and, at Owner’s option, shall, at Property Manager’s 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, Property Manager shall not be responsible for any Hazardous Materials present on the Property prior to the Effective Date hereof, unless deposited thereon by Property Manager, nor shall Property Manager be responsible for any Hazardous Materials brought onto the Property by any person or entity other than Property Manager. Property Manager shall immediately notify Owner of any notice received by Property 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.
Environmental Risk Management. Notwithstanding anything to the contrary contained herein, but subject to the further provisions of this Section 3.15, Owner acknowledges and understands that Manager is not responsible to: (1) 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; (2) maintain or evaluate compliance with environmental, hazardous or solid materials or waste laws, rules and regulations; or (3) conduct or ensure clean-up or remediation of hazardous materials spills or contamination.
