Hazardous Environmental Condition. The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.
Hazardous Environmental Condition. 22.1 Only when CONSULTANT is working on CLIENT’s property, CLIENT represents to CONSULTANT that to the best of its knowledge, but with no obligation for CLIENT to perform any analysis or research as to the environmental conditions of its property, a Hazardous Environmental Condition does not exist.
22.2 Only when CONSULTANT is working on CLIENT’s property, CLIENT has disclosed to the best of its knowledge, but with no obligation for CLIENT to perform any analysis or research as to the environmental conditions of its property, to CONSULTANT the existence of all asbestos, PCB’s, petroleum, hazardous waste, or radioactive material actually know by CLIENT to be located at or near the Site, including type, quantity and location.
22.3 If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT shall have the obligation to notify CLIENT and, to the extent of applicable laws and regulations, appropriate governmental officials.
22.4 If CONSULTANT’s scope of services does not include any services related to a Hazardous Environmental Condition and in the event CONSULTANT or any other party encounters a Hazardous Environmental Condition, CONSULTANT may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until CLIENT: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Hazardous Environmental Condition, and (ii) warrants that the Site is in full compliance with applicable laws and regulations.
22.5 CLIENT acknowledges that CONSULTANT is performing professional services for CLIENT and that CONSULTANT is not and shall not be required to become an “arranger”, “operator”, “generator”, or “transporter” of hazardous substances, as defined in the comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with CONSULTANT’s activities under this Agreement.
22.6 If CONSULTANT’s services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT’s terminating this Agreement for cause on thirty (30) day notice.
Hazardous Environmental Condition. OWNER represents to ENGINEER that to the best of its knowledge a Hazardous Environmental Condition does not exist. It is acknowledged by both parties that ENGINEER’s scope of services does not include any services related to a Hazardous Environmental Condition. If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials.
Hazardous Environmental Condition. The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract.
Hazardous Environmental Condition. The Authority shall give prompt written notice whenever it observes or otherwise become aware of a hazardous environmental condition that affects the Project. If a Consultant or Sub-consultant(s) suspects that a Hazardous Environmental Condition exists, Consultant or Sub-consultant(s) shall immediately notify the Engineering Program Manager and the Authority’s Environmental Service Coordinator at 000-000-0000. This notice requirement does not create a duty or obligation for Consultant to discover any such condition unless that duty is established by the Contract.
Hazardous Environmental Condition a. A Phase I Environmental Site Assessment was performed of the property at 0000 Xxxx Xxxx. This report is included as Appendix M.
Hazardous Environmental Condition. To the extent known to Client has disclosed to the best of its knowledge to Engineer the existence of all asbestos, PCB’s, petroleum, hazardous waste, or radioactive material located at or near the Project Site, including type, quantity and location. It is acknowledged by both parties that Engineer’s Basic Scope of Services does not include any services related to a Hazardous Environmental Condition.
Hazardous Environmental Condition. A. CITY represents to ENGINEER that to the best of its knowledge a Hazardous Environmental Condition does not exist.
B. CITY has disclosed to the best of its knowledge to ENGINEER the existence of all Asbestos, PCB’s, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including type, quantity and location.
C. If a Hazardous Environmental Condition is discovered by the ENGINEER , ENGINEER shall have the obligation to notify CITY and, to the extent of applicable Laws and Regulations, appropriate governmental officials.
D. It is acknowledged by both parties that ENGINEER’S scope of services does not include any services related to a Hazardous Environmental Condition. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until CITY: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations.
E. If ENGINEER’S services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify ENGINEER’S terminating this Agreement for cause, per Article 6
Hazardous Environmental Condition. The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.
a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.
b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. DRAFT
c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.
Hazardous Environmental Condition. A. Owner represents to Engineer that to the best of its knowledge a Hazardous Environmental Condition does not exist on a Site for a Specific Project, unless set forth in the Task Order. B Owner shall disclose to the best of its knowledge to Engineer the existence of all Asbestos, PCB’s, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site of any Specific Project, including type, quantity and location.
