HAZARDOUS ENVIRONMENTAL CONDITIONS. Unless expressly stated otherwise in the Scope of Services (Part I) of this Agreement, Consultant's scope of services does not include any services relating to a Hazardous Environmental Condition, including but not limited to the presence at the Project site of asbestos, PCBs, Petroleum, Hazardous Substances or any other pollutant or contaminant, as those terms are defined in pertinent federal, state and local laws. In the event Consultant or any other party encounters a Hazardous Environmental Condition, Consultant may at its option suspend performance of services until Owner: a) retains appropriate consultant(s) or contractor(s) to identify and remediate or remove the Hazardous Environmental Condition; and b) warrants that the Project site is in full compliance with all applicable environmental laws.
HAZARDOUS ENVIRONMENTAL CONDITIONS. CobbFendley shall have no liability or responsibility for the discovery, presence, handling, removal, disposal, cleanup, or exposure of persons or other property to underground substances, hazards, or conditions or other latent substances, hazards or conditions (including but not limited to contaminants, pollutants, chemicals or other hazardous or toxic solids, liquids or gases of any kind), Client acknowledges that CobbFendley is performing professional services for Client and CobbFendley 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)
HAZARDOUS ENVIRONMENTAL CONDITIONS. 14.4.1 Contractor will not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Agreement Document to be within the scope of the Work. Contractor will be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
14.4.2 If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition. Contractor must immediately:
a. Secure or otherwise isolate such condition;
b. Stop all Work in connection with such condition and in any area affected thereby; and
c. Notify City and promptly thereafter confirm such notice in writing.
14.4.3 City will promptly retain a qualified expert to evaluate such condition or take corrective action, if any.
14.4.4 Contractor will be responsible for any and all civil or criminal penalties, fines, damages, or other charges imposed by any regulatory agency or court for sewage discharges that are in violation of applicable statutes and laws and that are a result, direct or indirect, of work performed under this Agreement. Contractor will also be responsible for reimbursement to City for administration, reporting, and tracking expenses required as a result of any spill event. In the event the regulatory agency or court imposes a probationary period, Contractor must post bond for the probationary period to ensure that all such costs are reimbursed to City. This responsibility will apply whether penalties are imposed directly on Contractor or any of its Subcontractors, or the City of Xxxxxxxx. Contractor must defend and indemnify City against such penalties. Regulatory agencies may include, but are not limited to, the Arizona Department of Environmental Quality (ADEQ) and the United States Environmental Protection Agency (USEPA).
HAZARDOUS ENVIRONMENTAL CONDITIONS. 9.1.1 Contractor shall, in accordance with applicable Laws, Regulations and Ordinances, plan for and manage, treat, handle, store, monitor, remediate, remove, transport and/or dispose of any Hazardous Environmental Conditions that are discovered on, in or under the Site.
9.1.2 If Contractor encounters Known Pre-Existing Hazardous Environmental Conditions, Contractor will proceed in accordance with Contractor’s Environmental Management Plan.
HAZARDOUS ENVIRONMENTAL CONDITIONS. 9.1.1 Contractor shall, in accordance with applicable Laws, Regulations and Ordinances, plan for and manage, treat, handle, store, monitor, remediate, remove, transport and/or dispose of any Known Pre-Existing Hazardous Environmental Conditions that are discovered on, in or under the Site.
9.1.2 If Contractor encounters UnKnown Pre-Existing Hazardous Environmental Conditions, Contractor will proceed in accordance with Contractor’s Environmental Management Plan.
9.1.3 If Contractor encounters Unknown Pre-Existing Hazardous Environmental Conditions, it shall stop work immediately in the affected part of the Work to the extent required to avoid any safety or health hazard. The work stoppage shall remain in effect until Contractor has taken such action as is necessary, in accordance with applicable Laws, Regulations and Ordinances, to protect the interests of any affected Person and/or Entity. Contractor shall, immediately upon encountering any Pre-Existing Hazardous Environmental Conditions, notify Owner and, if required by applicable Laws, Regulations and Ordinances, assist Owner in providing notifications to all applicable Governmental Persons having an interest in such Hazardous Environmental Condition
9.1.4 Upon notification and subsequent confirmation of an Unknown Hazardous Environmental Condition, Owner shall contract directly with other contractors selected by Owner for the Containment, Management, Mitigation disposal and Remediation of Hazardous Substances (“CMMR Services”). Contractor will not undertake the responsibility to dispose of Hazardous Substances, nor will it be responsible for directing the means and methods of a CMMR Contractor in carrying out its work. Contractor shall be responsible for scheduling and coordinating its Work with the work performed by a CMMR Contractor.
9.1.5 Contractor shall be solely responsible for the management, treatment, handling, storage, monitoring, remediation, removal, transportation and/or disposal of Hazardous Substances that: (a) were brought or caused to be brought to the Site by an act or omission of any Contractor-Related Party in the performance of the Work; or (b) were handled, treated or stored at the Site by Contractor-Related Party contrary to the requirements of the Contract Documents or in violation of any applicable Laws, Regulations and Ordinances. Owner shall be entitled to review and approve the action, if any, to be taken by Contractor with respect to the containment, management, mitigation, ...
HAZARDOUS ENVIRONMENTAL CONDITIONS. A. OWNER represents to ENGINEER that to the best of its knowledge a hazardous environmental condition does not exist at or near the PROJECT Site.
B. Both parties acknowledge that the ENGINEER’s scope of services does not include any services related to the presence or removal of any hazardous or toxic materials.
HAZARDOUS ENVIRONMENTAL CONDITIONS. Disclosure of the Existence of Hazardous Environmental Conditions CLIENT has disclosed to XXXXXXX all data known to CLIENT concerning known or suspected hazardous environmental conditions, including but not limited to the existence of all asbestos, PCBs, petroleum, hazardous waste, radioactive material, or other hazardous materials, as defined by Federal, State and local laws or regulations (collectively, “Hazardous Materials,” if any, located at or near the project site, including its type, quantity, and location, or has represented to XXXXXXX that, to the best of CLIENT’s knowledge, no hazardous environmental conditions exist at or near the project site. The scope of XXXXXXX’ services for this Agreement does not include any responsibility for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State, and local laws or regulations.
HAZARDOUS ENVIRONMENTAL CONDITIONS. It is acknowledged by COUNTY and I&L that I&L’s scope of service does not include any services related to the presence at the site of asbestos, PCB’s, petroleum, hazardous waste or radioactive materials. COUNTY acknowledges that I&L is performing professional services for COUNTY and I&L 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).
HAZARDOUS ENVIRONMENTAL CONDITIONS. It is acknowledged by both parties that CONSULTANT’s scope of services does not include any services related to the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials. ARCHITECT acknowledges that CONSULTANT is performing professional services for ARCHITECT and CONSULTANT is not and shall not be required to become an “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environments Response, Compensation, and Liability Act of 1990 (CERCLA).
HAZARDOUS ENVIRONMENTAL CONDITIONS. It is acknowledged by both parties that XXXXXX’x scope of services does not include any services related to a “Hazardous Environmental Condition,” i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event BOLLIG or any other party encounters a Hazardous Environmental Condition, BOLLIG may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Assignment 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. CLIENT acknowledges that BOLLIG is performing professional services for CLIENT and that BOLLIG 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 XXXXXX’x activities under this Agreement.
