Hazardous Materials Provisions Clause Samples
The Hazardous Materials Provisions clause establishes rules and responsibilities regarding the handling, storage, and disposal of hazardous substances within the scope of an agreement. Typically, it requires parties to comply with all relevant environmental laws, mandates proper labeling and containment of dangerous materials, and may specify procedures for reporting spills or contamination. This clause is essential for ensuring safety, regulatory compliance, and minimizing environmental and legal risks associated with hazardous materials.
Hazardous Materials Provisions. 11.1 The Work does not include directly or indirectly performing or arranging for the detection, testing, handling, storage, removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination of any Facility at which Work is performed and any soil or groundwater at the Facility by Hazardous Materials, including without limitation: ionization smoke detectors, ballasts, mercury bulb thermostats, used oil, contaminated filters, contaminated absorbents, and refrigerant. Except as expressly disclosed pursuant to Section 11.2, the CLIENT represents and warrants that, to the best of its knowledge following due inquiry, there are no Hazardous Materials present where the Work is to be performed. SIEMENS will notify the CLIENT immediately if it discovers or reasonably suspects the presence of any previously undisclosed Hazardous Material. All Work and Services have been priced and agreed to by SIEMENS in reliance on the CLIENT’s representations as set forth in this Article. The discovery or reasonable suspicion of Hazardous Materials or hazardous conditions at a Facility where SIEMENS is to perform Work, or of contamination of the Facility by Hazardous Materials not previously disclosed pursuant to Section 11.2, shall entitle SIEMENS to suspend the Work immediately, subject to mutual agreement of terms and conditions applicable to any further Work, or to terminate the Work and to be paid for Work previously performed.
11.2 The CLIENT warrants that, prior to the execution of the Agreement, it notified SIEMENS in writing of any and all Hazardous Materials, to the best of its knowledge following due inquiry, known to be present, potentially present or likely to become present at the Facility and provided a copy of any Facility safety policies and information, including but not limited to lock-out and tag procedures, chemical hygiene plan, material safety data sheets, and other items covered or required to be disclosed or maintained by Applicable Law.
11.3 Regardless of whether Hazardous Material was disclosed pursuant to Section 11.2, the CLIENT shall be solely responsible for properly testing, abating, encapsulating, removing, disposing, remedying or neutralizing such Hazardous Materials, and for the costs thereof. Even if an appropriate change order has been entered into pursuant to Section 11.1, SIEMENS shall have the right to stop the Work until the Facility is free from Hazardous Materials. In such event, SIEMENS will receive a...
Hazardous Materials Provisions. A. With the exception of Hazardous Material and their effects resulting during the use of the Premises prior to the execution of this Agreement, COUNTY hereby agrees to indemnify LESSOR and it’s agents and to hold Redwood Gun Club and it’s agents harmless from and against any and all loss, liability, damage, injury, cost, expense and claim of any kind whatsoever (including but not limited to property damage or personal injury and death) paid, incurred or suffered by, or asserted against, LESSOR for, with respect to, or as a direct or indirect result of the presence on or under, or the escape seepage, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Material arising out of, in connection with or in any manner related to the use or occupancy of the Premises by the Subtenant or Subtenant’s invitees, including, without limiting the generality of the foregoing, any loss, liability, damage, injury, cost, expense, or claim asserted or arising under any Environmental Law. Notwithstanding any provision to the contrary contained in this Agreement, the indemnity contained in this paragraph shall survive the expiration or earlier termination of this Agreement.
B. As used herein the term “Environmental Law” shall mean, any federal, state, local or foreign law, statute, decree, ordinance, code, rule or regulation, including, without limiting the generality of the foregoing, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act, the Toxic Substance Control Act of 1976, and any federal, state or local so-called “Superfund” or “Superlien” law or ordinance relating to the emission, discharge, release, threatened release into the environment of any pollutant, contaminant, chemical, hazardous, toxic or dangerous waste, substance or material (including, without limitation, ambient air, surface water, groundwater or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of such substances and any and all regulations, codes, plans, orders, decrees, judgments, injunctions, notices or demand letters issued, entered, promulgated or approved thereunder. As used herein, the term “Hazardous Material” shall mean any pollutants, contaminants, chemicals, hazardous, toxic or dangerous waste, substance or material, or any other substance or material reg...
Hazardous Materials Provisions