Common use of Excluded Material and Activities Clause in Contracts

Excluded Material and Activities. A. The Client recognizes that in connection with the installation and/or service or maintenance of Equipment at the Client’s Facilities, XxXxxxx may encounter, but is not responsible for, any work relating to (i) asbestos, materials containing asbestos, or the existence, use, detection, removal, containment or treatment thereof, or (ii) pollutants, hazardous wastes, hazardous materials, contaminants, or the storage, handling, use, transportation, treatment or the disposal, discharge, leakage, detection, removal, or containment thereof. The materials and activities listed in the foregoing sentence are hereinafter referred to as “Excluded Materials and Activities”. The Client agrees that if XxXxxxx’x performance of any work under this Agreement involves Excluded Materials and Activities, Client shall bear the sole risk and responsibility therefore. In the event XxXxxxx discovers Excluded Materials, XxXxxxx shall immediately cease work, remove all XxXxxxx personnel or subcontractors from the site, and notify the Client. The Client shall be responsible to handle such Excluded Materials at the Client’s expense. XxXxxxx does not take title to any Excluded Materials, and does not assume any responsibility for the transportation, handling or disposal of Excluded Materials. If Excluded Materials are discovered at a Facility, XxXxxxx shall undertake no further work at such Facility except as authorized by the Client in writing. B. Notwithstanding anything to the contrary in this Agreement, the Client hereby releases and agrees to indemnify, defend, and hold harmless XxXxxxx, its assigns, consultants, contractors, subcontractors, and their respective shareholders, officers, directors, agents and employees (and each of them) from and against all costs, claims, fines, fees, damages or liability (including without limitation, all attorneys’ fees and costs, costs of settlement or suit) arising out of, or in any manner connected with any work related to Excluded Materials and Activities performed by or for the Client, or with respect to the ownership, handling or transportation of Excluded Materials, whether such claim or action arises in contract, warranty, tort (including negligence), strict liability, environmental liability, or otherwise, and from any cause whatsoever. Any such proceeding or suit shall not be settled without the prior written consent of XxXxxxx, which consent shall not be unreasonably withheld.

Excluded Material and Activities. A. The Client recognizes Cities recognize that in connection with the Work, installation and/or service or maintenance of Equipment equipment and/or systems at the Client’s FacilitiesCities‟ facilities, XxXxxxx the Contractor may encounter, but is not responsible for, any work Work relating to (i) asbestos, materials containing asbestos, or the existence, use, detection, removal, containment or treatment thereof, or (ii) mold, materials containing mold, or the existence, use, detection, removal, containment or treatment thereof, or (iii) pollutants, hazardous wastes, hazardous materials, contaminantscontaminants (collectively "Hazardous Materials"), or the storage, handling, use, transportation, treatment treatment, or the disposal, discharge, leakage, detection, removal, or containment thereof. , with the exception of Hazardous Material Removal specified in the ECM Matrix in the Financial-Grade Operational Audit.. The materials and activities listed in the foregoing sentence are hereinafter referred to as “"Excluded Materials and Activities”. ." The Client agrees Cities agree that if XxXxxxx’x the Contractor's performance of any work Work under this Agreement Contract involves Excluded Materials and Activities, Client shall upon receipt of any and all appropriate funding and approval, the Cities will perform or arrange for the performance of such Work and will bear the sole risk and responsibility therefore. In the event XxXxxxx the Contractor discovers Hazardous Materials or determines that the Work will comprise Excluded MaterialsMaterials and Activities, XxXxxxx shall the Contractor will immediately cease workWork, remove all XxXxxxx Contractor personnel or subcontractors from the site, and notify the ClientCities. The Client shall Cities will be responsible to handle such Excluded Hazardous Materials at the Client’s expense. XxXxxxx does not take title to any Excluded Materials, and does not assume any responsibility Cities' expense or appropriately compensate the Contractor for the transportation, handling or disposal removal of Excluded Materialssame. If Excluded Materials are discovered at a Facility, XxXxxxx shall The Contractor will undertake no further work Work at such Facility the facility except as authorized by the Client Cities in writing. B. . Notwithstanding anything in this Contract to the contrary in this Agreementcontrary, any such event of discovery or remediation by the Client hereby releases and agrees to indemnify, defend, and hold harmless XxXxxxx, its assigns, consultants, contractors, subcontractors, and their respective shareholders, officers, directors, agents and employees (and each of them) from and against all costs, claims, fines, fees, damages or liability (including without limitation, all attorneys’ fees and costs, costs of settlement or suit) arising out of, or in any manner connected with any work related to Excluded Materials and Activities performed Cities will not constitute a default by or for the Client, or with respect to the ownership, handling or transportation of Excluded Materials, whether such claim or action arises in contract, warranty, tort (including negligence), strict liability, environmental liability, or otherwise, and from any cause whatsoever. Any such proceeding or suit shall not be settled without the prior written consent of XxXxxxx, which consent shall not be unreasonably withheldCities.

Excluded Material and Activities. A. The Client recognizes that in connection with the installation and/or service or maintenance of Equipment at the Client’s Facilities, XxXxxxx may encounter, but is not responsible for, any work relating to (i) asbestos, materials containing asbestos, or the existence, use, detection, removal, containment or treatment thereof, or (ii) pollutants, hazardous wastes, hazardous materials, contaminants, or the storage, handling, use, transportation, treatment or the disposal, discharge, leakage, detection, removal, or containment thereof. The materials and activities listed in the foregoing sentence are hereinafter referred to as “Excluded Materials and Activities”. The Client agrees that if XxXxxxx’x performance of any work under this Agreement involves Excluded Materials and Activities, Client shall bear the sole risk and responsibility responsibility, therefore. In the event XxXxxxx discovers Excluded Materials, XxXxxxx shall immediately cease work, remove all XxXxxxx personnel or subcontractors from the site, and notify the Client. The Client shall be responsible to handle such Excluded Materials at the Client’s expense. XxXxxxx does not take title to any Excluded Materials, and does not assume any responsibility for the transportation, handling or disposal of Excluded Materials. If Excluded Materials are discovered at a Facility, XxXxxxx shall undertake no further work at such Facility except as authorized by the Client in writing. B. Notwithstanding anything to the contrary in this Agreement, the Client hereby releases and agrees to indemnify, defend, and hold harmless XxXxxxx, its assigns, consultants, contractors, subcontractors, and their respective shareholders, officers, directors, agents and employees (and each of them) from and against all costs, claims, fines, fees, damages or liability (including without limitation, all attorneys’ fees and costs, costs of settlement or suit) arising out of, or in any manner connected with any work related to Excluded Materials and Activities performed by or for the Client, or with respect to the ownership, handling or transportation of Excluded Materials, whether such claim or action arises in contract, warranty, tort (including negligence), strict liability, environmental liability, or otherwise, and from any cause whatsoever. Any such proceeding or suit shall not be settled without the prior written consent of XxXxxxx, which consent shall not be unreasonably withheld.