Environmental, Safety and Health. (a) the Purchased Assets and Seller’s operation of the Biologics SBU comply, and since September 10, 2004 have complied, in all material respects with Environmental, Safety and Health Laws;
(A) Seller has obtained and maintained and is in compliance with all material permits, licenses and other authorizations that are required pursuant to Environmental, Safety and Health Laws to own, use and occupy the Purchased Assets, operate the Biologics SBU and manufacture the Products, and (B) a list of all such material permits, licenses and other authorizations is set forth on Schedule 4.14;
(c) neither Seller nor its Affiliates has received any written notice of any Environmental Claims with respect to the Purchased Assets, the Biologics SBU or the Products and there are no such Environmental Claims pending or, to Seller’s Knowledge, threatened;
(d) none of the following exists at any Real Property or Facility owned or operated by Seller relating to, used in or necessary for the Purchased Assets, the Biologics SBU or the Products: (i) underground storage tanks; (ii) asbestos-containing material in any form or condition; (iii) materials or equipment containing polychlorinated biphenyls; or (iv) landfills, surface impoundments or disposal areas requiring a permit under Environmental, Safety, and Health Laws;
(e) Seller has not caused any material Releases of Hazardous Substances and, to Seller’s Knowledge, no material Releases of Hazardous Substances have occurred at, from, in, to, on, or under any BSBU Owned Real Property or BSBU Leased Real Property that would reasonably be expected to result in Environmental Claims;
(f) neither the execution of this Agreement and the Other Agreements nor the consummation of the Transactions shall result in any material obligations for site investigation or cleanup, or notification to or consent of government agencies or third parties, pursuant to any of the so-called “transaction-triggered” or “responsible property transfer” Environmental, Safety and Health Laws;
(g) Seller has not designed, manufactured, sold, marketed, installed or distributed products or other items containing asbestos relating to, used in or necessary for the operation of the Biologics SBU or the development, manufacture, distribution, marketing or sale of the Products;
(h) Seller has not, with respect to the Purchased Assets, the Biologics SBU or the Products, either expressly or by operation of law, assumed or undertaken any liability, order, settlement, ju...
Environmental, Safety and Health. (a) Except as set forth on Schedule 4.10 of the Seller Disclosure Letter, (i) the Purchased Assets and Seller’s operations as described in the SEC Documents are now and for the previous three (3) years immediately prior to the Execution Date have been in material compliance with all applicable Environmental, Safety and Health Laws, (ii) Seller has obtained all the material permits required under Environmental, Safety and Health Laws that are necessary to operate the Business as currently operated as described in the SEC Documents, and all such permits are in good standing or Seller has timely applied for their issuance, amendment or renewal, (iii) there are no Environmental Claims pending or, to Seller’s Knowledge, threatened in writing against Seller, and, (iv) to Seller’s Knowledge, there are no facts or circumstances that would reasonably be expected to form the basis of any material Environmental Claim against Seller that would reasonably be expected to have a Material Adverse Effect.
(b) Seller is not in possession of any material audits, studies, analyses, tests or monitoring pertaining to Hazardous Substances in, on or under any Site or pertaining to Seller’s compliance with Environmental, Safety and Health Laws and, to Seller’s Knowledge, no such audits, studies, analyses, tests or monitoring have been conducted in the previous three years preceding the Execution Date.
(c) To Seller’s Knowledge, neither the execution and delivery of this Agreement nor the consummation of the Transactions triggers any requirement under the New Jersey Industrial Site Recovery Act, or other Law of similar effect, that is reasonably likely to result in Buyer or Seller incurring any material liability or obligation.
Environmental, Safety and Health. The following provisions apply to those operations and activities performed by the Lessee/Developer, its agents, employees, contractors, representatives or licensees.
Environmental, Safety and Health. It is the responsibility of the Lessee/Developer to perform work in a manner that is protective of workers, the public, and the environment. It is the responsibility of the Lessee/Developer to comply with all applicable federal, state and local environmental, safety and health laws, regulations, ordinances, codes and standards. It is the responsibility of the Lessee/Developer to obtain any necessary licenses, approvals and permits needed to perform its operations and activities. The Lessee/Developer is responsible for compliance with applicable environmental permits, plans and/or reports. Lessor will cooperate with Lessee/Developer in securing such permits, with any costs incurred by Lessor paid by Lessee/Developer.
Environmental, Safety and Health products, handling, cleaning and disposable of waste must be handled to assure compliance with all federal, state and local regulations. Contractor shall provide printed material demonstrating compliance, including method of recovering and recycling waste, and oils and solvents from soiled products. Contractor shall replace worn or damaged items as a result of normal wear and tear at no additional charge.
Environmental, Safety and Health. § 10.5.1 The Design-Builder shall be responsible for implementing, maintaining and supervising any and all
§ 10.5.2 The Design-Builder, at its sole expense, shall provide to all of its employees, contractors, subcontractors and agents all personal protective equipment and clothing required to be worn by such persons pursuant to applicable ESH Laws.
§ 10.5.3 Without limiting the Design-Builder’s other obligations in this Contract, the Design-Builder shall immediately report in writing to the Owner any emergency situations on an Owner site or relating to the performance of the Work of which the Design-Builder becomes aware, including without limitation, work-related injuries and/or illnesses, fires, accidental chemical spills or exposures, unauthorized air emissions, unauthorized radiation emissions or exposures, unauthorized commingling with the Owner’s waste, discharges into waste water collection systems and storm water collection systems, or other environmental, industrial hygiene or safety emergencies. In the event and to the extent the emergency situation arises as a result of an act or omission of the Design-Builder or relates to the Design-Builder’s provision of the Work hereunder, the Design-Builder shall immediately take all actions required by law or otherwise to respond to such situation and shall indemnify, defend and hold the Owner harmless from all consequences related to such emergency. Without limiting the generality of the foregoing, in such circumstance, the Design-Builder shall be solely responsible for compliance with all governmental reporting duties imposed upon the Design-Builder by applicable laws, and shall (in addition to reporting such condition to the Owner as provided herein) report any emergency situation to the applicable governmental agency (if any) to the extent required by, and in the time period prescribed by, applicable laws. The Parties shall coordinate in an effort to avoid duplicate response and reporting of any emergency situation. Under no circumstances, however, shall this provision be construed to be an assumption by the Owner of any reporting duty on behalf of the Design-Builder; provided, however, when the event is not caused by the Design-Builder or its subcontractors (of any tier), the Owner or others shall retain such duty to report to the applicable government agency.
§ 10.5.4 Prior to commencing the Work, the Design-Builder is responsible for ensuring that the Design-Builder’s Personnel who perform all or an...
Environmental, Safety and Health. Participant shall comply with applicable Federal, State, and county environmental, safety and health laws, rules and regulations. The Participant shall not dispose of any waste within the Naval Petroleum Reserve No. 3 (NPR-3) property. Unless otherwise designated by the CRADA, all trash, refuse, debris, empty containers, and other waste shall be removed offsite and disposed in a manner approved by Federal, State, and County environmental requirements. The Participant shall use work practices which prevent spills and minimize discharges and emissions to the environment. The Participant shall be responsible for all cleanup and remediation, at his cost, of all material spills which occur as a result of his work practices or defective equipment. The determination of when remediation has been satisfactorily completed shall be made by the DOE Contracting Officer, with input from the DOE Technical Assurance Director. Participant shall request approval to bring chemicals and hazardous materials on site to Naval Petroleum Reserve No. 3 (NPR-3), using the RMOTC Chemical Approval Form from the RMOTC Chemical & Hazardous Material Management Plan. Participant shall comply with all requirements for transportation / shipping of hazardous materials, as per 49 CFR Part 172. While working at RMOTC, Participant shall exercise due diligence to 1) ensure Waste Minimization and Pollution Prevention, using industry best practices, 2) optimize Energy Efficiency and minimize Greenhouse Gases, and 3) conserve RMOTC’s Water Resources. Every individual at RMOTC has Stop Work Authority to immediately stop work of any persons engaging in activity that place the safety or health of people or the environment in imminent danger. Participant shall immediately notify DOE / RMOTC of any spills / releases or other environmental issues.
Environmental, Safety and Health. The Hirer must:
a) comply with all Safety Legislations and Safety Requirements and any other environmental health and safety laws, policies, lawful requirements, approvals, licences and permits of governmental authorities including Safety Legislation; and
b) avoid creating any nuisance and dangers to health and safety.
Environmental, Safety and Health. Except as set forth on Schedule 5.5, attached hereto and made a part hereof, Seller is currently in material compliance with all laws, rules, regulations and ordinances, currently in effect, whether federal, state or municipal, which relate to health, safety and the protection of the environment, and relating to the Assets or their use or sale. Seller is aware of no condition or circumstance, including the use of any Hazardous Waste in connection with the business, which, with the passage of time, would result in any instance of material non-compliance. For the last twenty years, Seller has not been subject to, or received any notice of, any private, administrative or judicial action, or notice of any intended private, administrative or judicial action relating to the presence of Hazardous Waste in, under or upon the real estate on which the Facility are located. There are no underground storage tanks located on the real estate on which the Facility is located. "Hazardous wastes" for purposes of this Agreement shall include, without limitation: (i) hazardous substance or hazardous wastes, as those terms are defined by the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, and any other applicable federal, state or local law, regulation ordinance, or requirement; (ii) petroleum, including, but not limited to, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); (iii) any radioactive material, including, but not limited to, any source, special nuclear, or by-product material as defined in 42 U.S.C. Section 2011 et seq.; and (iv) any substance listed or classified as toxic under the Clean Air Act, the Clean Water Act and/or the Toxic Substance Control Act.
Environmental, Safety and Health. All work performed on the Hanford site shall be accomplished safely in accordance with all applicable Environmental, Safety and Health Requirements. See Special Provisions – On-Site. Based on a review of the work scope for this Subcontract, the Buyer has determined that this Subcontract merits increased attention to safety performance. Accordingly, Subcontractor is required to apply the guiding principles and core function of ISMS as referred to in the Special Provisions. The Subcontractor shall submit the safety documentation, submittals, and/or safety plan specified by the Buyer in the Subcontract, Statement of Work, Section 6.0 before performing any work on site (unless specifically waived by Buyer).
