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 petroleum or petroleum products (collectively called “Oil"), asbestos, PCBs or hazardous, toxic, radioactive or infectious substances, including any substances regulated under RCRA, CERCLA or any other Applicable Law (collectively called “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 or Oil 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 Oil or Hazardous Material. All 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 Oil or 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.
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.
Hazardous Materials Provisions
