Indemnification for Environmental Claims. The parties acknowledge that hazardous substances may be present on, within, or in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way; that employees and other persons acting on the parties’ behalf working on, within, or in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way should be familiar with environmental laws and environmental concerns which arise in outside plant contexts; that all such employees and other persons should be prepared to recognize and deal with environmental contingencies existing at specific sites; and that liabilities associated with environmental claims arising out of or in connection with the subject matter of this Agreement shall be allocated between the parties as set forth in this section.
(a) Each party shall indemnify, on request defend, and hold the other party harmless from any and all suits, claims, demands, losses, damages, liabilities, fines, penalties, or expenses, of every kind and character, on account of or in connection with any injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the violation or breach, by any employee of the indemnifying party or other person acting on the indemnifying party’s behalf, of (1) any federal, state, or local environmental statute, rule, regulation, ordinance, or other law or (2) any provision or requirement of this Agreement dealing with hazardous substances or protection of the environment.
(b) Each party shall indemnify, on request defend, and hold the other party harmless from any and all suits, claims, demands, losses, damages, liabilities, fines, penalties, or expenses, of every kind and character, on account of or in connection with any injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the release or discharge, onto any public or private property, of any hazardous substances, regardless of the source of such hazardous substances, by any employee of the indemnifying party, or by any person acting on the indemnifying party’s behalf, while present on, within, or in the vicinity of any SWBT pole, duct, conduit, or right-of-way. Indemnities provided by this subsection include but are not limited to indemnities arising out of or in connection with the release or discharge of water and other substances from SWBT’s manholes or other conduit facilities.
(c) Each party shall indemnify, on request defend, and hold the other party harmless from an...
Indemnification for Environmental Claims. Lessee shall indemnify and defend Lessor, and hold Lessor harmless, from and against any and all losses to Lessor it’s employees, agents, directors, officers and partners resulting from past, present or future use, manufacture, handling, storage, transportation or disposal of Hazardous Materials (defined below in this paragraph) or other toxic materials. During the Term of this Lease, Lessor, at Lessor’s sole option, may obtain, at Lessee’s expense, written certification and a Phase I environmental audit report from a reputable environmental consultant of Lessor’s choice concerning whether the Premises, and any other improvements on the Premises have been or are presently being used for or in connection with the handling, manufacturing, storage, transportation or disposal of Hazardous Materials or other toxic substances, and whether the Premises contains any Hazardous Materials or other hazardous or toxic substances or any other environmental hazards or adverse environmental conditions. The certification and environmental audit provided to Lessor pursuant to this paragraph shall be prepared and provided by an environmental firm or consultant which shall be engaged by and acceptable to Lessor. Should the presence of any Hazardous Materials, other hazardous or toxic substances or any other environmental hazards or adverse environmental condition be revealed by the certification or audit, or be otherwise discovered, Lessee shall complete a remediation plan that meets the requirements of the environmental firm or consultant and Lessor, and Lessor may require, in Lessor’s sole discretion, and at Lessor’s option, that all violations with respect to Hazardous Materials or other toxic substances be corrected and that Lessee obtain all necessary permits, all at Lessee’s sole cost and expense. As used in this Lease, the term “Hazardous Material” shall mean and refer to (a) any material defined as “hazardous waste” or a “hazardous substance” or “hazardous material” or a “chemical substance” or “mixture” or “toxic substances” under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq.; or the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601, et seq.; and (b) other solid, semisolid, liquid or gaseous substances which are toxic, ignit...
Indemnification for Environmental Claims. (i) In addition to the indemnities provid- ed in subsection 14.1(f), this Section 14A sets forth the full and exclusive rights and obligations of the parties respecting claims, losses, liabilities, costs or expenses, relating to
Indemnification for Environmental Claims. 8.8.1 Each party shall indemnify, on request defend, and hold the other party harmless from any and all Claims, on account of or in connection with any death of person or injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the violation or breach, by any employee or agent of the indemnifying party or, of
8.8.1.1 any federal, state, or local environmental statute, rule, regulation, ordinance, or other law or
8.8.1.2 any provision or requirement of this Appendix dealing with hazardous substances or protection of the environment.
8.8.2 Each party shall indemnify, on request defend, and hold the other party harmless from any and all Claims, on account of or in connection with any death of person or injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the release or discharge by any employee or agent of the indemnifying party, onto any public or private property, of any hazardous substances regardless of the source of such hazardous substances, , while present on, within, or in the vicinity of any AT&T-13STATE pole, duct, conduit, or right-of-way.
8.8.3 Each party shall indemnify, on request defend, and hold the other party harmless from any and all Claims, on account of or in connection with any death of person or injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the removal or disposal of any hazardous substances by an employee or agent of the indemnifying party, or arising out of or in connection with the subsequent storage, processing or other handling of such hazardous substances by any person or entity after they have been removed by an employee or agent of the indemnifying party from the site of any AT&T-13STATE pole, duct, conduit, or right-of-way.
8.8.4 Except as otherwise specifically provided in this section, neither party shall be required to indemnify or defend the other party against, or hold the other party harmless from any Claims for which the other party may be liable under any federal, state, or local environmental statute, rule, regulation, ordinance, or other law.
Indemnification for Environmental Claims. Each party shall indemnify, on request defend, and hold the other party harmless from any and all Claims, on account of or in connection with any death of person or injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the violation or breach, by any employee of the indemnifying party or other person acting on the indemnifying party’s behalf, of
Indemnification for Environmental Claims. The parties acknowledge that hazardous substances may be present on, within, or in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way; that employees and other persons acting on the parties’ behalf working on, within, or in the vicinity of SWBT’s poles, ducts, conduits, or rights- of-way should be familiar with environmental laws and environmental concerns which arise in outside plant contexts; that all such employees and other persons should be prepared to recognize and deal with environmental contingencies existing at specific sites; and that liabilities associated with environmental claims arising out of or in connection with the subject matter of this Agreement shall be allocated between the parties as set forth in this section.
(a) Each party shall indemnify, on request defend, and hold the other party harmless from any and all suits, claims, demands, losses, damages, liabilities, fines, penalties, or expenses, of every kind and character, on account of or in connection with any injury, loss, or damage to any person or property, or to the environment, arising out of or in connection with the violation or breach, by any employee of the indemnifying party or other person acting on the indemnifying party’s behalf, of (1) any federal, state, or local environmental statute, rule, regulation, ordinance, or other law or (2) any provision or requirement of this Agreement dealing with hazardous substances or protection of the environment.
Indemnification for Environmental Claims
