Hazardous, Toxic, or Harmful Substances a. The LESSEE agrees to indemnify the State of Utah against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Response, Compensation Act of 1976, 42 U.S.C. 9601 et seq. or the Resources Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) based on LESSEE’S activity on the sovereign land covered by this General Permit. This indemnification applies without regard to whether a release is caused by the LESSEE, its agent, or unrelated third parties.
b. The LESSEE(S) shall comply with all applicable local, State and Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the LESSEE(S) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et seq.) with regard to any toxic substances that are used, generated by or stored on the right-of-entry or on facilities authorized under this right-of-entry. Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117, shall be reported as required by the Comprehensive Environmental Response, requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government.
c. LESSEE shall:
i. Immediately notify the LESSOR of, (i) all spills or releases of any Hazardous Substance affecting the premises, (ii) all failures to comply with any federal, state or local law, regulation or ordinance, as now enacted or as subsequently enacted or amended, (iii) all inspections of the premises by, or any correspondence, orders, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private party concerning the premises; and
ii. On request, provide copies to the LESSOR of any and all correspondence, pleadings, and/or reports received by or required of LESSEE or issued or written by LESSEE or on LESSEE's behalf with respect to the use, presence, transportation or generation of Hazardous Substances related to the premises.
Hazardous, Toxic, or Harmful Substances. (1) Lessee shall not keep in, on, or about the Property, any substances now or hereinafter designated as or containing components now or hereinafter designated as hazardous, toxic, dangerous, or harmful, and/or which are subject to regulation as hazardous, toxic, dangerous, or harmful by any federal, state or local law, regulation, statute or ordinance (hereinafter collectively referred to as "Hazardous Substances") unless such are necessary to carry out Lessee's permitted use under Section 3. Materials identified as toxic or hazardous are to be transported, stored and handled in accordance and compliance with the provisions of applicable federal, state, and local law, including but not limited to, 42 U.S.C. 6901 et. seq. (RCRA), 42 U.S.C. 9601 et. seq. (CERCLA), Chapters 70.105 and 70.105D RCW, and related laws, rules, and regulations now in existence or as subsequently enacted or amended.
(2) Lessee shall:
(i) Immediately notify the State of (1) all spills or releases of any Hazardous Substance in, on, about, or adjacent to the Property, (2) all failures to comply with any federal, state or local law, regulation or ordinance, as now enacted or subsequently enacted or amended insofar as such relate to Hazardous Substances in, on, about, or adjacent to the Property, (3) all inspections of the Property by, or any correspondence, orders, citations, or notifications from any regulatory entity concerning Hazardous Substances in, on, about, or adjacent to the Property, (4) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private party in, on, about, or adjacent to the Property, and
(ii) Provide copies to the State of any and all correspondence, pleadings, and/or reports received by or required of Lessee or issued or written by Lessee or on Lessee's behalf with respect to the use, presence, transportation or generation of Hazardous Substances in, on, about, or adjacent to the Property.
(3) Lessee shall be fully and completely liable to State, and shall indemnify, defend with counsel acceptable to State, and save harmless State and its agencies, employees, officers and agents with respect to any and all damages, costs, fees (including attorneys' fees and costs), penalties (civil and criminal), and cleanup costs associated with or imposed as a result of Lessee's use, disposal, transportation, generation and/or sale of Hazardous Substances or that of Lessee's employees, agents, as...
Hazardous, Toxic, or Harmful Substances. (a) North Bend shall not keep on or about the Property any substances now or hereinafter designated as or containing components now or hereinafter designated as hazardous, toxic, dangerous, or harmful, and/or which are subject to regulation as hazardous, toxic, dangerous, or harmful by any federal, state or local law, regulation, statute or ordinance (hereinafter collectively referred to as "Hazardous Substances") unless such are necessary to carry out North Bend’s permitted uses under Subsection 2.01 (Permitted Uses) and unless North Bend fully complies with all federal, state and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended. North Bend shall:
(1) Immediately notify TPL of all spills or releases of any Hazardous Substance affecting the Property; all failures to comply with any federal, state, or local law, regulation or ordinance, as now enacted or as subsequently enacted or amended; and
(2) On request, provide copies to TPL of any and all correspondence, pleadings, and/or reports received by or required of North Bend or issued or written by North Bend or on North Bend’s behalf with respect to the use, presence, transportation or generation of Hazardous Substances related to the Property.
Hazardous, Toxic, or Harmful Substances. Lessee shall not keep, on our about the Premises, any substances designated as or containing components designated as hazardous, toxic, dangerous, or harmful, or are subject to regulation by law.
Hazardous, Toxic, or Harmful Substances. Sublessee shall not keep on our about the Premises, any substances designated as or containing components designated as hazardous, toxic, dangerous, or harmful, or are subject to regulation by law.
Hazardous, Toxic, or Harmful Substances. The Contractor shall at Contractor’s own sole and separate cost, expense, and liability, comply with all hazardous waste laws, rules, and regulations and shall treat, store, dispose of or otherwise handle hazardous substances in a safe and proper manner and the Contractor shall not allow or cause any hazardous, toxic or petroleum materials to be disposed or discharged on any portion of the Facilities. As also further defined at Section 1.21., the term “hazardous substance”, “hazardous waste”, or “hazardous material” shall specifically include, but shall not be limited to petroleum and petroleum products and their by-products, residue, and remainder in whatever form or state, and any other material or substance which does cause or may cause environmental pollution or contamination (and associated liability and clean-up costs related thereto) as defined under applicable state and federal laws, rules, and regulations. The Contractor shall be solely and separately liable responsible for the remediation of any hazardous materials that are spilled or discharged on or about the Facilities that are caused by the actions or activities of the Contractor, Contractor’s employee(s), subcontractor(s) and/or agent(s). Contractor shall indemnify, defend and hold the County harmless from any fines, suits, procedures, claims, costs, damages, expense, and actions of any kind arising out of or in any way connected with any releases, spills or discharges of hazardous substances or waste at the Facilities occurring, arising from, and/or related to the Contractor’s use, occupation, and/or operation of the Facilities. This indemnity includes, but is not limited to: (a) liability for a governmental agency’s (including but not limited to the County’s) costs of removal or remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages;
Hazardous, Toxic, or Harmful Substances
