Common use of HEALTH, SAFETY AND ENVIRONMENT Clause in Contracts

HEALTH, SAFETY AND ENVIRONMENT. (a) Purchaser shall be obligated to maintain safe working conditions at its facility or location (the “Site”), including the implementing of appropriate procedures regarding hazardous material, confined space entry, and energization and de-energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. (b) Purchaser shall immediately advise B&R in writing of all applicable Site-specific health, safety, security and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions at the Site. (c) If, in B&R’s reasonable opinion, the health, safety, or security of personnel or the Site is, or is likely to be, imperiled by security risks, the presence of or threat of exposure to hazardous material, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Site. (d) Purchaser shall not require or permit B&R’s personnel to operate Purchaser’s equipment at (e) Purchaser will make its Site medical facilities and resources reasonably available to B&R personnel who need medical attention. (f) B&R has no responsibility or liability for the pre-existing condition of Purchaser’s equipment or the Site, which is the sole responsibility of Purchaser. Prior to B&R starting any work at Site, Purchaser will provide documentation that identifies the presence and condition of any hazardous material existing in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (i) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be made. (g) If B&R encounters hazardous material in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Site. (h) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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HEALTH, SAFETY AND ENVIRONMENT. (a) Purchaser shall be obligated 17.1 You must ensure that each of your Personnel accessing the Site takes all reasonable measures to maintain safe working conditions at its facility or location (protect persons and property, avoids unnecessary disturbance and interference with the “Site”)passage of people and vehicles, including prevents nuisance and unnecessary noise, complies with any health and safety requirements applicable to the implementing of appropriate procedures regarding hazardous material, confined space entry, Site as notified by us to you and energization and de-energization of power systems (electrical, mechanical and hydraulic) using acts in a safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. (b) Purchaser shall immediately advise B&R in writing of all applicable Site-specific health, safety, security and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions lawful manner while at the Site. 17.2 You must also ensure that, in relation to the provision of Services or Personnel to the Site: (a) none of your Personnel does any act or omission that exposes, or has the potential to expose any person to any risk to health or safety or hazards arising from any such act or omission; (b) any appliance, component, equipment, facility, goods, material, machinery, plant or tool used in the provision of the Services is safe and without risk to health, safety and welfare; (c) If, in B&R’s reasonable opinion, appropriate safety equipment is provided to and used by your Personnel; (d) you implement and maintain appropriate systems of work and that the working environment is safe and without risks to health, safety and welfare; and (e) you provide all information, instruction, training and supervision as may be necessary to ensure that the Services are provided without any hazard or risk to health, safety and welfare. 17.3 You acknowledge and agree that the following matters are prohibited and are "safety principles" that apply to all Services: (a) not using any form of load restraint, if applicable; (b) not adhering to exclusion zones during unloading or loading, if applicable; (c) supply, possession or consumption of alcohol or illegal drugs on the Site; (d) allowing anyone to work in an environment that is a risk to their safety; and (e) not following any danger tag or isolation procedures or interfering with any safety devices. 17.4 You acknowledge that we have entered, or security may enter, into Agreements with various third parties (including local Aboriginal communities) in respect of personnel or archaeological, heritage and native title issues applicable to the Site and its surrounds, including as required by archaeological, heritage and native title Laws. 17.5 You must not liaise (including any form of communication) with any of those parties in relation to such matters without our prior written approval. 17.6 You must ensure your Personnel do not damage or destroy an item on the Site or its surrounds which we have identified to you is, or is likely otherwise reasonably identifiable to be, imperiled by security risksof an archaeological, the presence of heritage or threat of exposure native title nature or disturb any designated area identified in Site drawings or otherwise notified to hazardous materialyou, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Sitewithout our prior written approval. (d) Purchaser shall not require 17.7 If your Personnel discover any item on the Site or permit B&R’s personnel to operate Purchaser’s equipment at (e) Purchaser will make its Site medical facilities and resources reasonably available to B&R personnel who need medical attention. (f) B&R has no responsibility or liability for the pre-existing condition of Purchaser’s equipment or the Site, surrounds which is the sole responsibility of Purchaser. Prior to B&R starting any work at Sitean archaeological, Purchaser will provide documentation that identifies the presence heritage or native title nature, you must promptly inform us in writing and condition of any hazardous material existing seek instructions from us in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (i) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be made. (g) If B&R encounters hazardous material in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In dealing with such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Siteitem. (h) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

HEALTH, SAFETY AND ENVIRONMENT. (a) Purchaser shall be obligated 20.1 You must ensure that each of your Personnel accessing the Site takes all reasonable measures to maintain safe working conditions at its facility or location (protect persons and property, avoids unnecessary disturbance and interference with the “Site”)passage of people and vehicles, including prevents nuisance and unnecessary noise, complies with any health and safety requirements applicable to the implementing of appropriate procedures regarding hazardous material, confined space entry, Site as notified by us to you and energization and de-energization of power systems (electrical, mechanical and hydraulic) using acts in a safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. (b) Purchaser shall immediately advise B&R in writing of all applicable Site-specific health, safety, security and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions lawful manner while at the Site. 20.2 You must also ensure that, in relation to the provision of Goods, Services or Personnel to the Site: (a) none of your Personnel does any act or omission that exposes, or has the potential to expose any person to any risk to health or safety or hazards arising from any such act or omission; (b) any appliance, component, equipment, facility, goods, material, machinery, plant or tool used in the provision of the Services is safe and without risk to health, safety and welfare; (c) If, in B&R’s reasonable opinion, appropriate safety equipment is provided to and used by your Personnel; (d) you implement and maintain appropriate systems of work and that the working environment is safe and without risks to health, safety and welfare; and (e) you provide all information, instruction, training and supervision as may be necessary to ensure that the Services are provided without any hazard or risk to health, safety and welfare. 20.3 You acknowledge and agree that the following matters are prohibited and are "safety principles" that apply to all Services: (a) not using any form of load restraint, if applicable; (b) not adhering to exclusion zones during unloading or loading, if applicable; (c) supply, possession or consumption of alcohol or illegal drugs on the Site; (d) allowing anyone to work in an environment that is a risk to their safety; and (e) not following any danger tag or isolation procedures or interfering with any safety devices. 20.4 You acknowledge that we have entered, or security may enter, into agreements with various third parties (including local Aboriginal communities) in respect of personnel or archaeological, heritage and native title issues applicable to the Site and its surrounds, including as required by archaeological, heritage and native title Laws. 20.5 You must not liaise (including any form of communication) with any of those parties in relation to such matters without our prior written approval. 20.6 You must ensure your Personnel do not damage or destroy an item on the Site or its surrounds which we have identified to you is, or is likely otherwise reasonably identifiable to be, imperiled by security risksof an archaeological, the presence of heritage or threat of exposure native title nature or disturb any designated area identified in Site drawings or otherwise notified to hazardous materialyou, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Sitewithout our prior written approval. (d) Purchaser shall not require 20.7 If your Personnel discover any item on the Site or permit B&R’s personnel to operate Purchaser’s equipment at (e) Purchaser will make its Site medical facilities and resources reasonably available to B&R personnel who need medical attention. (f) B&R has no responsibility or liability for the pre-existing condition of Purchaser’s equipment or the Site, surrounds which is the sole responsibility of Purchaser. Prior to B&R starting any work at Sitean archaeological, Purchaser will provide documentation that identifies the presence heritage or native title nature, you must promptly inform us in writing and condition of any hazardous material existing seek instructions from us in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (i) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be made. (g) If B&R encounters hazardous material in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In dealing with such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Siteitem. (h) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

HEALTH, SAFETY AND ENVIRONMENT. (a) Purchaser shall be obligated to maintain safe working conditions at its facility or location (the “Site”), including the implementing of appropriate procedures regarding hazardous material, confined space entry, and energization and de-energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. (b) Purchaser shall immediately advise B&R in writing of all applicable Site-specific health, safety, security and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions at the Site. (c) If, in B&R’s reasonable opinion, the health, safety, or security of personnel or the Site is, or is likely to be, imperiled by security risks, the presence of or threat of exposure to hazardous material, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Site. (d) Purchaser shall not require or permit B&R’s personnel to operate Purchaser’s equipment atat Site. (e) Purchaser will make its Site medical facilities and resources reasonably available to B&R personnel who need medical attention. (f) B&R has no responsibility or liability for the pre-existing condition of Purchaser’s equipment or the Site, which is the sole responsibility of Purchaser. Prior to B&R starting any work at Site, Purchaser will provide documentation that identifies the presence and condition of any hazardous material existing in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (ig) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be made. (gh) If B&R encounters hazardous material in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Site. (hi) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.

Appears in 1 contract

Samples: General Terms and Conditions

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HEALTH, SAFETY AND ENVIRONMENT. (a) Purchaser shall be obligated to maintain safe working conditions at its facility or location (the “Site”), including the implementing of appropriate procedures regarding hazardous material, confined space entry, and energization and de-energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. (b) Purchaser shall immediately advise B&R in writing of all applicable Site-specific health, safety, security and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions at the Site. (c) If, in B&R’s reasonable opinion, the health, safety, or security of personnel or the Site is, or is likely to be, imperiled by security risks, the presence of or threat of exposure to hazardous material, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Site. (d) Purchaser shall not require or permit B&R’s personnel to operate Purchaser’s equipment atat Site. (e) Purchaser will make its Site medical facilities and resources reasonably available to B&R personnel who need medical attention. (f) B&R has no responsibility or liability for the pre-existing condition of Purchaser’s equipment or the Site, which is the sole responsibility of Purchaser. Prior to B&R starting any work at Site, Purchaser will provide documentation that identifies the presence and condition of any hazardous material existing in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (ig) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be made. (g) If B&R encounters hazardous material in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Site. (h) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.

Appears in 1 contract

Samples: General Terms and Conditions

HEALTH, SAFETY AND ENVIRONMENT. 20.1 You must ensure that each of your personnel accessing the site takes all reasonable measures to protect persons and property, avoids unnecessary disturbance and interference with the passage of people and vehicles, prevents nuisance and unnecessary noise, complies with any health and safety requirements applicable to the site as notified by us to you and acts in a safe and lawful manner while at the site. 20.2 You must also ensure that, in relation to the provision of goods, services or personnel to the site: (a) Purchaser shall be obligated none of your personnel does any act or omission that exposes, or has the potential to maintain safe working conditions at its facility expose any person to any risk to health or location (the “Site”), including the implementing of appropriate procedures regarding hazardous material, confined space entry, and energization and de-energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO safety or a mutually agreed upon alternative method.hazards arising from any such act or omission; (b) Purchaser shall immediately advise B&R any appliance, component, equipment, facility, goods, material, machinery, plant or tool used in writing the provision of all applicable Site-specific the services is safe and without risk to health, safety, security safety and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions at the Site.welfare; (c) If, in B&R’s reasonable opinion, the health, safety, or security of personnel or the Site is, or appropriate safety equipment is likely provided to be, imperiled and used by security risks, the presence of or threat of exposure to hazardous material, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Site.your personnel; (d) Purchaser shall not require or permit B&R’s personnel you implement and maintain appropriate system of work and that the working environment is safe and without risks to operate Purchaser’s equipment athealth, safety and welfare; (e) Purchaser will make its Site medical facilities you provide all information, instruction, training and resources reasonably available supervision as may be necessary to B&R personnel who need medical attentionensure that the services are provided without any hazard or risk to health, safety and welfare. 20.3 You acknowledge and agree that the following matters are prohibited and are "safety principles" that apply to all services: (fa) B&R has no responsibility not using any form of load restraint, if applicable; (b) not adhering to exclusion zones during unloading or liability for loading, if applicable; (c) supply, possession or consumption of alcohol or illegal drugs on the pre-existing condition site; (d) allowing anyone to work in an environment that is a risk to their safety; and (e) not following any danger tag or isolation procedures or interfering with any safety devices. 20.4 You acknowledge that we have entered, or may enter, into agreements with various third parties (including local Aboriginal communities) in respect of Purchaser’s equipment archaeological, heritage and native title issues applicable to the site and its surrounds, including as required by archaeological, heritage and native title laws. 20.5 You must not liaise (including any form of communication) with any of those parties without our prior written approval. 20.6 You must ensure your personnel do not damage or destroy an item on the Site, site or its surrounds which is the sole responsibility of Purchaser. Prior an archaeological, heritage or native title nature or disturb any designated area identified in site drawings or otherwise notified to B&R starting any work at Siteyou, Purchaser will provide documentation that identifies the presence and condition of any hazardous material existing in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (i) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be madewithout our prior written approval. (g) 20.7 If B&R encounters hazardous material your personnel discover any item on the site or its surrounds which is of an archaeological, heritage or native title nature, you must promptly inform us in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In writing and seek instructions from us in dealing with such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Siteitem. (h) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.

Appears in 1 contract

Samples: Purchase Order Agreement

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