Common use of Hazardous Environmental Condition Clause in Contracts

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. 22.1 Only when CONSULTANT is working on CLIENT’s property, CLIENT A. OWNER represents to CONSULTANT ENGINEER 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, knowledge a Hazardous Environmental Condition does not existexist at the Project site. 22.2 Only when CONSULTANT is working on CLIENT’s property, CLIENT B. OWNER has disclosed to the best of its knowledge, but with no obligation for CLIENT knowledge to perform any analysis or research as to the environmental conditions of its property, to CONSULTANT ENGINEER the existence of all asbestosAsbestos, PCB’s, petroleumPetroleum, hazardous wasteHazardous Waste, or radioactive material actually know by CLIENT to be Radioactive Material located at or near the Site, including type, quantity and location. 22.3 C. If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT ENGINEER shall have the obligation to notify CLIENT OWNER and, to the extent of applicable laws Laws and regulationsRegulations, appropriate governmental officials. 22.4 If CONSULTANTD. It is acknowledged by both parties that ENGINEER’s scope of services does not include any services related to a Hazardous Environmental Condition and in Condition. In the event CONSULTANT ENGINEER or any other party encounters a Hazardous Environmental Condition, CONSULTANT ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of Services services on the portion of the Project affected thereby until CLIENTOWNER: (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 Laws and regulationsRegulations. 22.5 CLIENT E. OWNER acknowledges that CONSULTANT ENGINEER is performing professional services for CLIENT OWNER and that CONSULTANT ENGINEER is not and shall not be required to become an “arranger”, ,” “operator”, ,” “generator”, ,” or “transporter” of hazardous substances, as defined in the comprehensive Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with CONSULTANTENGINEER’s activities under this Agreement. 22.6 F. If CONSULTANTENGINEER’s services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT’s ENGINEER's terminating this Agreement for cause on thirty (30) day 30 days notice.

Hazardous Environmental Condition. 22.1 Only when CONSULTANT is working on CLIENT’s property, CLIENT A. OWNER represents to CONSULTANT Engineer 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, knowledge a Hazardous Environmental Condition does not exist. 22.2 Only when CONSULTANT is working on CLIENT’s property, CLIENT B. (Modified) OWNER has disclosed to the best of its knowledge, but with no obligation for CLIENT knowledge and belief to perform any analysis or research as to the environmental conditions of its property, to CONSULTANT ENGINEER the existence of all asbestosAsbestos, PCB’s, petroleumPetroleum, hazardous wasteHazardous Waste, or radioactive material actually know by CLIENT to be Radioactive Material located at or near the Site, including type, quantity and location. 22.3 C. (Modified) If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT ENGINEER shall have the obligation to notify CLIENT and, to OWNER on or before the extent next business day of applicable laws and regulations, appropriate governmental officialsthe same. 22.4 If CONSULTANTD. It is acknowledged by both parties that ENGINEER’s scope of services does not include any services related to a Hazardous Environmental Condition and in Condition. In the event CONSULTANT ENGINEER or any other party encounters a Hazardous Environmental Condition, CONSULTANT ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of Services services on the portion of the Project affected thereby until CLIENTOWNER: (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 Laws and regulationsRegulations. 22.5 CLIENT E. OWNER acknowledges that CONSULTANT ENGINEER is performing professional services for CLIENT OWNER and that CONSULTANT ENGINEER is not and shall not be required to become an “arranger”, ,” “operator”, ,” “generator”, ,” or “transporter” of hazardous substances, as defined in the comprehensive Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with CONSULTANTENGINEER’s activities under this Agreement. 22.6 F. If CONSULTANTENGINEER’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.Environmental

Hazardous Environmental Condition. 22.1 Only when CONSULTANT is working on CLIENT’s property, CLIENT A. OWNER represents to CONSULTANT Engineer 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, knowledge a Hazardous Environmental Condition does not exist. 22.2 Only when CONSULTANT is working on CLIENT’s property, CLIENT B. (Modified) OWNER has disclosed to the best of its knowledge, but with no obligation for CLIENT knowledge and belief to perform any analysis or research as to the environmental conditions of its property, to CONSULTANT ENGINEER the existence of all asbestosAsbestos, PCB’s, petroleumPetroleum, hazardous wasteHazardous Waste, or radioactive material actually know by CLIENT to be Radioactive Material located at or near the Site, including type, quantity and location. 22.3 C. (Modified) If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT ENGINEER shall have the obligation to notify CLIENT and, to OWNER on or before the extent next business day of applicable laws and regulations, appropriate governmental officialsthe same. 22.4 If CONSULTANTD. It is acknowledged by both parties that ENGINEER’s scope of services does not include any services related to a Hazardous Environmental Condition and in Condition. In the event CONSULTANT ENGINEER or any other party encounters a Hazardous Environmental Condition, CONSULTANT ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of Services services on the portion of the Project affected thereby until CLIENTOWNER: (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 Laws and regulationsRegulations. 22.5 CLIENT E. OWNER acknowledges that CONSULTANT ENGINEER is performing professional services for CLIENT OWNER and that CONSULTANT ENGINEER is not and shall not be required to become an “arranger”, ,” “operator”, ,” “generator”, ,” or “transporter” of hazardous substances, as defined in the comprehensive Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with CONSULTANTENGINEER’s activities under this Agreement. 22.6 F. If CONSULTANTENGINEER’s services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT’s ENGINEER's terminating this Agreement for cause on thirty (30) day 30 days notice.

Hazardous Environmental Condition. 22.1 Only when CONSULTANT is working on CLIENT’s property, CLIENT A. OWNER represents to CONSULTANT ENGINEER 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, knowledge a Hazardous Environmental Condition does not exist. 22.2 Only when CONSULTANT is working on CLIENT’s property, CLIENT B. (Modified) OWNER has disclosed to the best of its knowledge, but with no obligation for CLIENT knowledge and belief to perform any analysis or research as to the environmental conditions of its property, to CONSULTANT ENGINEER the existence of all asbestosAsbestos, PCB’s's, petroleumPetroleum, hazardous wasteHazardous Waste, or radioactive material actually know by CLIENT to be Radioactive Material located at or near the Site, including type, quantity and location. 22.3 C. (Modified) If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT ENGINEER shall have the obligation to notify CLIENT and, to OWNER on or before the extent next business day of applicable laws and regulations, appropriate governmental officialsthe same. 22.4 If CONSULTANT’s D. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Environmental Condition and in Condition. In the event CONSULTANT ENGINEER or any other party encounters a Hazardous Environmental Condition, CONSULTANT ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of Services services on the portion of the Project affected thereby until CLIENTOWNER: (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 Laws and regulationsRegulations. 22.5 CLIENT E. OWNER acknowledges that CONSULTANT ENGINEER is performing professional services for CLIENT OWNER and that CONSULTANT ENGINEER is not and shall not be required to become an “"arranger”, “," "operator”, “," "generator”, ," or “"transporter” " of hazardous substances, as defined in the comprehensive 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 ENGINEER's activities under this Agreement. 22.6 F. If CONSULTANT’s ENGINEER's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT’s ENGINEER's terminating this Agreement for cause on thirty (30) day days' notice.

Hazardous Environmental Condition. 22.1 Only when CONSULTANT A. Owner acknowledges that Design/Builder is working on CLIENTperforming professional services for Owner and that Design/Builder is not and, under this Agreement, shall not be required to become an “owner,” “operator,” “generator,” or “transporter” of Hazardous Materials which are or may be encountered at or near the Pilot Site(s) in connection with Design/Builder’s property, CLIENT activities under this Agreement. B. Owner 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, knowledge that a Hazardous Environmental Condition does not exist. 22.2 Only when CONSULTANT is working on CLIENT’s propertyexist at the Pilot Site(s) except as expressly disclosed to Design/Builder in writing, CLIENT and that it 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 Design/Builder the existence of all asbestos, PCB’s, petroleum, hazardous waste, or radioactive material actually know by CLIENT to be known Hazardous Materials located at or near the SitePilot Site(s), including type, quantity quantity, and location. 22.3 C. If a Design/Builder learns of or encounters any Hazardous Environmental Condition at any of the Pilot Site(s), then Design/Builder shall notify (1) Owner and (2) appropriate governmental officials, if Design/Builder reasonably concludes that doing so is encountered or alleged, CONSULTANT shall have the obligation to notify CLIENT and, to the extent of required by applicable laws and regulations, appropriate governmental officials. 22.4 If CONSULTANTD. Except as required by EXHIBIT A and Section 7.14 C above, it is acknowledged by both parties that the Design/Builder’s scope of services does not include any services Work related to a Hazardous Environmental Condition and in the event CONSULTANT Condition. If Design/Builder or any other party encounters a Hazardous Environmental ConditionCondition at the Pilot Site(s), CONSULTANT or should it become known in any way that Hazardous Materials may be present at the Pilot Site(s) or any adjacent areas in such a manner as to affect the performance of Design/Builder's services, Design/Builder may, at its option and without liability for consequential or any other damages, suspend performance of Services services on the portion of the Project affected thereby until CLIENT: (iOwner: a) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Hazardous Environmental Condition, and (iiand b) warrants that the Site Pilot Site(s) is in full compliance with applicable laws Laws and regulationsRegulations. 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 E. If 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 CONSULTANTDesign/Builder’s services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT’s Design/Builder terminating this Agreement for cause on thirty (30) day notice.pursuant to Section 7.6 A.