HSE. If any Health and Safety related incident on site resulting in property damage, minor and or lost time injury is caused due to negligence or reasons attributable to the Consultant, its personnel or its subcontractor(s), then, the Consultant shall pay by way of liquidated damages for each and every such incident, an amount of five percent (5%) of its total invoice amount payable during the month the accident occurred, or five percent (5%) of the total fee as stated in Appendix 3, whichever is greater. In case the total number of such incidents exceeds two (2) during the period of the Agreement, the Client may, without prejudice to its right under Clause 4.6. (Abandonment, Suspension or Termination), elect to terminate the Agreement. These damages shall not relieve the Consultant from its obligations to complete the Services or from any other duties, obligations or responsibilities which he may have under the Agreement. Consultant will identify the environmental aspects (issues) associated with their activity and operation. In general, the environmental aspects are due to discharge of wastes and emissions and may result due to normal, abnormal and emergency situations.
HSE. Vehicle Owner shall be responsible for the safety and security of its vehicle and driver in the whole course of the renting duration. Vehicle Owner shall be responsible for the safety and security of passengers whether he/she is employed by Owner, CPECC or any passenger that boards the vehicle in conjunction with the Work performed under this Agreement and shall indemnify such passengers in respect of injury, death or property losses in case the above injury, death or property losses are resulted from unsafe working condition of the rented vehicle or misconduct, negligence of drivers. CPECC is entitle to deduct the amount directly from payment due to Vehicle Owner for compensating such personal or physical losses and Vehicle Owner shall still pay for the remaining damages uncovered by such deduction. Equipment/Owner’s operator/driver shall undertake any project related health, safety or environmental training courses required by CPECC.
HSE. Codexis will take actions as are necessary to ensure that:
(a) it has a health, safety and environment policy that is in accordance with applicable law for the operations of Codexis’ facilities that are involved in the Program (the “HSE Policy”);
(b) it routinely advises Shell of any accidents arising directly out of or in connection with activities conducted under the Program which cause casualties or injuries or any negative effect on the environment which would be classified as a recordable OSHA event; and
(c) Shell, using Shell personnel, will have the right to audit Codexis’ facilities for compliance with the HSE Policy, provided that the findings of such audit will be provided to both Codexis and Shell and will be deemed to be Confidential Information of Codexis, that at least ten (10) business days prior written notice of any such audit will be given to Codexis, and that such audits will not occur more frequently that annually.
HSE. HSE shall protect, defend, indemnify and hold City, its agents, employees and contractors harmless from and against any and all claims, damages, demands, penalties, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees and expenses at the trial and appellate levels) to the extent (i) arising out of or relating to any act, omission, gross negligence, or willful misconduct of HSE or HSE’s agents, employees, contractors, customers or invitees in or about the City Sites during the Experiential Program; and/or (ii) arising out of or related to this MOU, except to the extent of injury caused directly by the gross negligence or willful misconduct of City, its agents, employees or contractors.
HSE. Operator shall conduct all health, environmental, safety and security services, including Mine Safety and Health Administration reporting.
HSE. To Seller’s Knowledge:
(a) HSE Permits. Except as set forth in Section 4.13(a) of the Disclosure Letter, the HSE Permits are in full force and effect, and the applicable Seller Company is in material compliance with the HSE Permits, and the HSE permits, together with the Refinery Permits described in Section 4.08, comprise all the permits, licenses and approvals necessary for operating the Refinery in the Ordinary Course of Business.
HSE. Equipment Owner shall ensure its operator/driver shall be qualified and experienced in operation of the equipment and strictly observe CPECC’s instructions. Equipment Owner shall be responsible for the safety and security of its equipment and operator/driver in the whole course of the renting duration. Equipment/Owner’s operator/driver shall undertake any project related health, safety or environmental training courses required by CPECC.
HSE. Health, safety, and environment.
HSE. 8.1 KLE shall ensure compliance with applicable laws or regulations, maintaining good practices. KLE shall also comply with its own HSE Plan, with any reasonable requirement or determination provided by PAI regarding HSE and with the standards according to specific statements established in Exhibit E. KLE shall assume all liability arise from any breach or failure to comply of any legal requirement.
8.2 For the performance of the Project hereunder, KLE shall ensure that KLE Personnel comply with all applicable safety and environmental protection and pollution control, international laws, regulations, rules and ordinances of all relevant governments and jurisdictions in the Country as well as all PAI rules, regulations and standards, and the provisions of this JDA.
8.2.1 KLE shall ensure that KLE Personnel have attended all survival and safety-training courses as may be required by applicable law or regulations as well as by the standard procedures applicable to the scope of the Project.
8.2.2 KLE shall, at its own expense and sole cost, supply and maintain its personnel with adequate protective clothing and equipment. This clothing and equipment shall conform to good practices, applicable regulations or any recognized international standards, as well as shall be maintained in good condition and shall be worn and used on all relevant occasions as indicated by notices and/or instructions and according to the scope of the Project.
8.3 KLE shall at all times assume responsibility and liability for the control, removal, cleaning up and containing pollution or seepage or contamination which originates, directly or indirectly, from its equipment related to this JDA, including but not limited to, spills of hydraulic fluids, fuels, lubricants, motor oils, drilling fluids, pipe dope, paints or solvents, rubbish, other products resultant from the Technology and so on.
HSE. (A) So far as the Vendor is aware, the Company has obtained all HSE Permits which are necessary under HSE Laws for the purpose of carrying on the Acquired Business in substantially the same manner, to substantially the same extent, and using substantially the same substances as were applicable during the twelve months ending on the Accounts Date.
(B) The Company is in compliance in all material respects with all applicable HSE Laws and with all terms and conditions on which any HSE Permit has been given to it.
(C) So far as the Vendor is aware, the Company has not been in material breach of any applicable HSE Laws or terms and conditions on which any HSE Permit has been given to it during the period since 1999 Closing (as defined in Schedule 9 (Environmental Covenant)).
(D) The Company is not under any material obligation to remediate any HSE Matter under HSE Laws and, so far as the Vendor is aware, no such obligation is expected to arise after Completion.
(E) The Company has not received any notification or claim from any relevant authority or any other person in respect of any breach of any HSE Laws or HSE Permit which remains outstanding or unremedied in any material respect. So far as the Vendor is aware, the Company is not under any investigation or inquiry by any relevant authority or any other person in relation to any material breach of HSE Laws or any HSE Permit.
(F) So far as the Vendor is aware, there are no circumstances in relation to HSE Matters which are very likely to result in the Company being required by relevant authority under HSE Laws to suspend the operations either in whole or in substantial part of the relevant facility on any emergency or other non-routine basis, provided that this warranty does not include any suspension or order to allow scheduled plant upgrades to take place.
(G) So far as the Vendor is aware, all material audits and other assessments, reviews, reports and investigations in the possession or control of the Vendor or the Company relating to HSE Matters in respect of the Company, the Properties and/or the Pipelines and commissioned in the period since 1999 Closing have been disclosed to the Purchaser.
(H) So far as the Vendor is aware, the Company has no material liability in respect of HSE Matters arising out of or in connection with any former business or in relation to any property (other than the Properties or the Pipelines) owned, occupied or used by the Company at any time which is outstanding as at the dat...
