Common use of Environmental Waste Clause in Contracts

Environmental Waste. Licensee shall, and shall cause Permitted Sublicensees, Affiliates, agents, assigns and vendors (collectively, the “Responsible Parties”), to comply with all Laws in all territories that now or in the future apply to the collection, transportation, registration, disposal, recycling or other handling of all Licensed Products and their component parts (as defined below) whether disposed of by the Responsible Parties, a consumer or otherwise, and to pay all fees, expenses, levies, Taxes or other amounts assessed, invoiced or otherwise charged (“Waste Fees”) in connection therewith. For the absence of any doubt, the Responsible Parties shall pay such Waste Fees even if the applicable Laws require that the Waste Fees be the responsibility of, or assessed, invoiced or otherwise charged to Parent. Without limiting the foregoing, Licensee shall itself do the following, and shall cause each of the Responsible Parties to do the following throughout the Term, any Grace Period, and after expiration or termination of this Agreement: (i) pay Waste Fees for all Licensed Products that are currently or subsequently regulated by electronic waste recycling laws (“EWR Products”); (ii) notify retailers concerning EWR Products that must be recycled, if required by applicable Law; (iii) cause the collection of Waste Fees at the point of sale for EWR Products, if required by applicable Law; (iv) prepare and submit all reports required by regulatory authorities on the manufacture, sale, lease or licensing volume of such EWR Products; (v) properly inform consumers of disposal and recycling requirements and opportunities; (vi) pay and bear the expense of paying Waste Fees to the applicable authorities; (vii) notify the applicable authorities that the Responsible Parties, and not Parent, are responsible for paying all Waste Fees and for complying with the electronic waste disposal and recycling requirements in effect at that time, even if the law or regulation states that the brand owner is responsible; (viii) comply with the electronic waste disposal and recycling requirements including submitting any required disposal plans to the applicable authority and setting up collection and transportation services for the applicable EWR Products; and (ix) comply with any and all other requirements of the applicable federal, state, or local laws and regulations currently in effect or hereinafter enacted. Licensee shall be liable for any and all claims associated with failure to comply with such Laws and hereby agrees to indemnify, defend, and hold harmless Parent Group and its directors, officers, employees and independent contractors from claims that arise from such Laws.

Environmental Waste. Licensee shall, and shall cause Permitted Sublicensees, Affiliates, agents, assigns assigns, vendors and vendors customers (collectively, the “Responsible Parties”), to comply with all Laws in all territories that now or in the future apply to the collection, transportation, registration, disposal, recycling or other handling of all Licensed Products and their component parts (as defined below) whether disposed of by the Responsible Parties, a consumer or otherwise, and to pay all fees, expenses, levies, Taxes or other amounts assessed, invoiced or otherwise charged (“Waste Fees”) in connection therewith. For the absence of any doubt, the Responsible Parties shall pay such Waste Fees even if the applicable Laws require that the Waste Fees be the responsibility of, or assessed, invoiced or otherwise charged to Parent. Without limiting the foregoing, Licensee shall itself do the following, and shall cause each of the Responsible Parties to do the following throughout the Term, any Grace Period, and after expiration or termination of this Agreement: (i) pay Waste Fees for all Licensed Products that are currently or subsequently regulated by electronic waste recycling laws (“EWR Products”); (ii) notify retailers concerning EWR Products that must be recycled, if required by applicable Law; (iii) cause the collection of Waste Fees at the point of sale for EWR Products, if required by applicable Law; (iv) prepare and submit all reports required by regulatory authorities on the manufacture, sale, lease or licensing volume of such EWR Products; (v) properly inform consumers of disposal and recycling requirements and opportunities; (vi) pay and bear the expense of paying Waste Fees to the applicable authorities; (vii) notify the applicable authorities that the Responsible Parties, and not Parent, are responsible for paying all Waste Fees and for complying with the electronic waste disposal and recycling requirements in effect at that time, even if the law or regulation states that the brand owner is responsible; (viii) comply with the electronic waste disposal and recycling requirements including submitting any required disposal plans to the applicable authority and setting up collection and transportation services for the applicable EWR Products; and (ix) comply with any and all other requirements of the applicable federal, state, or local laws and regulations currently in effect or hereinafter enacted. Licensee shall be liable for any and all claims associated with failure to comply with such Laws and hereby agrees to indemnify, defend, and hold harmless Parent Group and its directors, officers, employees and independent contractors from claims that arise from such Laws.

Environmental Waste. Licensee shallNotwithstanding any provisions contained to the contrary, in the event that the Work requires ELPOLP to remove or handle hazardous materials, waste or soils or materials contaminated with such materials, waste or substances ("Waste"), except for Wastes that are brought onto MORGAN's Premises by ELPOLP or its subcontxxxxx xx are present upon MORGAN's Premises arising from the negligence ox xillful misconduct of ELPOLP or its subcontractors or first generated by ELPOLP or its subcontractors at their own premises, MORGAN SHALL REMAIN RESPONSIBLE FOR SUCH WXXXXX AND FOR ANY POLLUTION EMANATING FROM MORGAN'S PREMISES AND SHALL DEFEND,INDEMNIFY ANX XXXX ELPOLP HARMLESS FROM AND AGAINST ANY LOSS, COST, CLAIM, DAMAGE, LIABILITY, FINE OR PENALTY INCURRED BY ELPOLP WHICH RESULTS OR IS ALLEGED TO RESULT FROM ELPOLP'S PERFORMANCE OF SUCH WORK, HOWEVER ARISING; PROVIDED, HOWEVER, THAT THE FOREGOING INDEMNITY SHALL NOT APPLY WITH RESPECT TO ANY SUCH LOSSES, COSTS, CLAIMS, DAMAGES, LIABILITIES, FINES OR PENALTIES ARISING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ELPOLP OR ITS SUBCONTRACTORS. Waste as used herein shall include, but not be limited to, any garbage, refuse, sludge and other present or discarded material, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural activities or from community or individual activities, and shall cause Permitted Sublicensees, Affiliates, agents, assigns and vendors (collectively, the “Responsible Parties”), to comply with including all Laws in all territories that now or in the future apply waste classified as "hazardous" pursuant to the collectionResource Conservation and Recovery Act, transportationas amended; "toxic waste" pursuant to the Toxic Substances Control Act, registration, disposal, recycling as amended; or other handling of all Licensed Products and their component parts (as defined below) whether disposed of by the Responsible Parties, a consumer or otherwise, and to pay all fees, expenses, levies, Taxes or other amounts assessed, invoiced or otherwise charged (“Waste Fees”) in connection therewithasbestos. For the absence ELPOLP shall notify MORGAN of any doubtdiscovery of any Waste assocxxxxx with the Work, but ELPOLP shall not be required to arrange for the Responsible Parties shall pay disposal or off-site removal of such Waste Fees even if the applicable Laws require that the Waste Fees be the responsibility of, or assessed, invoiced or otherwise charged to Parent. Without limiting the foregoing, Licensee shall itself do the following, and shall cause each of the Responsible Parties to do the following throughout the Term, any Grace Period, and after expiration or termination of this Agreement: unless (i) pay Waste Fees for all Licensed Products that are currently specifically agreed upon in writing by a duly authorized officer of ELPOLP, or subsequently regulated by electronic waste recycling laws (“EWR Products”); (ii) notify retailers concerning EWR Products that must be recycled, if required such Waste was brought onto MORGAN's Premises by applicable Law; (iii) cause ELPOLP or its subcontxxxxxxx or is present upon MORGAN's Premises arising from the collection negligexxx xx xillful misconduct of Waste Fees at the point of sale for EWR Products, if required by applicable Law; (iv) prepare and submit all reports required by regulatory authorities on the manufacture, sale, lease ELPOLP or licensing volume of such EWR Products; (v) properly inform consumers of disposal and recycling requirements and opportunities; (vi) pay and bear the expense of paying Waste Fees to the applicable authorities; (vii) notify the applicable authorities that the Responsible Parties, and not Parent, are responsible for paying all Waste Fees and for complying with the electronic waste disposal and recycling requirements in effect at that time, even if the law or regulation states that the brand owner is responsible; (viii) comply with the electronic waste disposal and recycling requirements including submitting any required disposal plans to the applicable authority and setting up collection and transportation services for the applicable EWR Products; and (ix) comply with any and all other requirements of the applicable federal, state, or local laws and regulations currently in effect or hereinafter enacted. Licensee shall be liable for any and all claims associated with failure to comply with such Laws and hereby agrees to indemnify, defend, and hold harmless Parent Group and its directors, officers, employees and independent contractors from claims that arise from such Lawssubcontractors.

Environmental Waste. Licensee LICENSEE shall, and shall cause Permitted Sublicensees, Affiliatesits affiliates, agents, assigns assigns, vendors and vendors customers (collectively, the “Responsible Parties”), to comply with all Laws federal, state and local laws and regulations in all territories that now or in the future apply to the collection, transportation, registration, disposal, recycling or other handling of all Licensed Products and their component parts (as defined below) whether disposed of by the Responsible Parties, a consumer or otherwise, and to pay all fees, expenses, levies, Taxes taxes or other amounts assessed, invoiced or otherwise charged (“Waste Fees”) in connection therewith. For the absence of any doubt, the Responsible Parties shall pay such Waste Fees even if the applicable Laws laws and regulations require that the Waste Fees be the responsibility of, or assessed, invoiced or otherwise charged to ParentGE. Without limiting the foregoing, Licensee LICENSEE shall itself do the following, and shall cause each of the Responsible Parties to do the following throughout the TermInitial Term (and Renewal Term(s), any Grace Period, if any) of this Agreement and after expiration or termination of this Agreementits expiration: (i) pay Waste Fees for all Licensed Products that are currently or subsequently regulated by electronic waste recycling laws (“EWR Products”); (ii) notify retailers concerning EWR Products that must be recycled, if required by applicable Lawlaw; (iii) cause the collection of Waste Fees at the point of sale for EWR Products, if required by applicable Lawlaw; (iv) prepare and submit all reports required by regulatory authorities on the manufacture, sale, lease or licensing volume of such EWR Products; (v) properly inform consumers of disposal and recycling requirements and opportunities; (vi) pay and bear the expense of paying Waste Fees to the applicable authorities; (vii) notify the applicable authorities that the Responsible Parties, and not ParentGeneral Electric, are responsible for paying all Waste Fees and for complying with the electronic waste disposal and recycling requirements in effect at that time, even if the law or regulation states that the brand owner is responsible; (viii) comply with the electronic waste disposal and recycling requirements including including, but not limited to, submitting any required disposal plans to the applicable authority and setting up collection and transportation services for the applicable EWR Products; and (ix) comply with any and all other requirements of the applicable federal, state, or local laws and regulations currently in effect or hereinafter enacted. Licensee LICENSEE shall be liable for any and all claims associated with failure to comply with such Laws laws or regulations and hereby agrees to indemnify, defend, and hold harmless Parent Group General Electric and its affiliates and its and their directors, officers, employees and independent contractors from claims that arise from such Lawslaws and regulations.

Environmental Waste. Licensee shallNotwithstanding any provisions contained to the contrary, in the event that the Operations and Maintenance requires ELPOLP to remove or handle hazardous materials, waste or soils or materials contaminated with such materials, waste or substances ("Waste"), except for Wastes that are brought onto Xxxxxx'x premises by ELPOLP or its subcontractors or are present upon Xxxxxx'x premises arising from the negligence or willful misconduct of ELPOLP or its subcontractors or first generated by ELPOLP or its subcontractors at their own premises, XXXXXX SHALL REMAIN RESPONSIBLE FOR SUCH WASTES AND FOR ANY POLLUTION EMANATING FROM XXXXXX'X PREMISES AND SHALL DEFEND, INDEMNIFY AND HOLD ELPOLP HARMLESS FROM AND AGAINST ANY LOSS, COST, CLAIM, DAMAGE, LIABILITY, FINE OR PENALTY INCURRED BY ELPOLP WHICH RESULTS OR IS ALLEGED TO RESULT FROM ELPOLP'S PERFORMANCE OF SUCH OPERATIONS AND MAINTENANCE, HOWEVER ARISING; PROVIDED, HOWEVER, THAT THE FOREGOING INDEMNITY SHALL NOT APPLY WITH RESPECT TO ANY SUCH LOSSES, COSTS, CLAIMS, DAMAGES, LIABILITIES, FINES OR PENALTIES ARISING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ELPOLP OR ITS SUBCONTRACTORS. Waste as used herein shall include, but not be limited to, any garbage, refuse, sludge and other spent or discarded material, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural activities or from community or individual activities, and shall cause Permitted Sublicensees, Affiliates, agents, assigns and vendors (collectively, the “Responsible Parties”), to comply with including all Laws in all territories that now or in the future apply waste classified as "hazardous" pursuant to the collectionResource Conservation and Recovery Act, transportationas amended; "toxic waste" pursuant to the Toxic Substances Control Act, registration, disposal, recycling as amended; or other handling asbestos. The Operations and Maintenance provided hereunder shall in no event include the disposal or off site removal of all Licensed Products and their component parts (as defined below) whether disposed of by the Responsible Parties, a consumer or otherwise, and to pay all fees, expenses, levies, Taxes or other amounts assessed, invoiced or otherwise charged (“Waste Fees”) in connection therewith. For the absence of any doubt, the Responsible Parties shall pay such Waste Fees even if the applicable Laws require that the Waste Fees be the responsibility of, or assessed, invoiced or otherwise charged to Parent. Without limiting the foregoing, Licensee shall itself do the following, and shall cause each of the Responsible Parties to do the following throughout the Term, any Grace Period, and after expiration or termination of this Agreement: unless (i) pay Waste Fees for all Licensed Products that are currently specifically agreed upon in writing by a duly authorized officer of ELPOLP, or subsequently regulated by electronic waste recycling laws (“EWR Products”); (ii) notify retailers concerning EWR Products that must be recycled, if required such Waste was brought on to Xxxxxx'x premises by applicable Law; (iii) cause ELPOLP or its subcontractors or are present upon Xxxxxx'x premises arising from the collection negligence or willful misconduct of Waste Fees at the point of sale for EWR Products, if required by applicable Law; (iv) prepare and submit all reports required by regulatory authorities on the manufacture, sale, lease ELPOLP or licensing volume of such EWR Products; (v) properly inform consumers of disposal and recycling requirements and opportunities; (vi) pay and bear the expense of paying Waste Fees to the applicable authorities; (vii) notify the applicable authorities that the Responsible Parties, and not Parent, are responsible for paying all Waste Fees and for complying with the electronic waste disposal and recycling requirements in effect at that time, even if the law or regulation states that the brand owner is responsible; (viii) comply with the electronic waste disposal and recycling requirements including submitting any required disposal plans to the applicable authority and setting up collection and transportation services for the applicable EWR Products; and (ix) comply with any and all other requirements of the applicable federal, state, or local laws and regulations currently in effect or hereinafter enacted. Licensee shall be liable for any and all claims associated with failure to comply with such Laws and hereby agrees to indemnify, defend, and hold harmless Parent Group and its directors, officers, employees and independent contractors from claims that arise from such Lawssubcontractors.