Management of Hazardous Substances. (a) The Concessionaire shall be responsible for the management, treatment, handling storage, remediation and removal of all Hazardous Substances that are or come to be present and are discovered on, in, under or about the Project Right of Way during the Term in accordance with this Agreement and the Technical Requirements. (b) If the Concessionaire encounters Hazardous Substances within the Project Right of Way that under applicable Law or requirement of a Governmental Authority must be handled, stored, monitored, treated, disposed of, removed, remediated or transported (collectively “Remedial Action”), the Concessionaire shall promptly notify the Department and shall develop a Remedial Action Plan described in the Technical Requirements. The Remedial Action Plan shall be consistent with the standards of due care and shall include (i) conducting such further investigations as may be necessary or appropriate to determine the nature and extent of the Hazardous Substances, (ii) taking reasonable steps, including in the case of excavation, construction, reconstruction or rehabilitation, modifications and/or construction techniques, to avoid or minimize excavation or dewatering in areas with Hazardous Substances, (iii) preparing and obtaining necessary Governmental Approvals for remedial action plans, including Department approval, and (iv) carrying out any remedial action, including, as necessary, off-site disposal of the Hazardous Substances. In the case of the Concessionaire’s management, treatment, handling, storage, remediation and removal of Hazardous Substances that are compensable under this Agreement (including from the Contingency Amount), the Concessionaire shall provide the Department with its proposed Remedial Action Plan and cost estimate prior to undertaking such work for the Department’s approval, which approval shall not be unreasonably withheld or delayed. (c) Before any Remedial Action is taken that would inhibit the Department’s ability to ascertain the nature and extent of the contamination, the Concessionaire shall afford the Department the opportunity to inspect areas and locations containing Hazardous Substances that must be remediated; provided that, in the case of a sudden release of Hazardous Substances, the Concessionaire may take the minimum action necessary to stabilize and contain the release, without prior notice or inspection, but shall immediately notify the Department of the sudden release and its location. (d) The Concessiona...

Management of Hazardous Substances. During the Work Period, the responsibilities of the parties with respect to the management, treatment, handling storage, remediation and removal of all Hazardous Substances shall be allocated and undertaken in accordance with the following terms and conditions: (a) The Department shall reimburse Concessionaire for its Allocable Costs incurred for the management, treatment, handling, storage, remediation and removal of Pre-Existing Hazardous Substances discovered on the property owned as of the Agreement Date by the Department within the Project Right of Way (“VDOT Existing ROW”), subject to compliance with Section 7.09(c). (b) The Concessionaire shall be responsible for the management, treatment, handling storage, remediation and removal of all other Hazardous Substances discovered in the course of its work on the Project. (c) The parties shall carry out their respective responsibilities in accordance with the provisions of the Technical Requirements, which entail, at a minimum, that: (i) the Concessionaire shall obtain all environmental site assessments of the affected property and submit copies of such assessments to the Department for its review and approval; (ii) the Concessionaire shall develop the plans, subject to the review and approval of the Department, for the management, treatment, handling, storage, remediation and removal of the Hazardous Substances, and shall obtain all necessary Regulatory Approvals to implement such plans; and

Management of Hazardous Substances. AMD or its Representatives, at its or their own expense, shall be solely responsible for the proper Handling of any Hazardous Substances associated with the Remediation Activities, and shall pay all fees and taxes and sign all waste manifests for any Hazardous Substances generated in connection with any Remediation Activity. AMD shall immediately notify FASL upon learning of any Release of a Hazardous Material at the Property that results from or is related to AMD’s or its Representatives’ access to and/or use of the Property (including any Remediation Activity) and shall promptly provide FASL copies of any notices, reports, documents or other communications to or from any Governmental Authority or other Person concerning any such Release. Such notification shall be made verbally within twenty-four (24) hours, and in writing within seventy-two (72) hours, of AMD’s knowledge of any such Release. AMD shall be solely responsible, at its own expense, for the proper cleanup, removal and/or remedy of any such Release in accordance with applicable Environmental Law, and shall indemnify and hold the AMD Protected Persons harmless from, and defend them against, any Losses arising out of or in any way related to any such Release.

Management of Hazardous Substances. Owner or its Representatives, at its or their own expense, shall be solely responsible for the proper Handling of any Hazardous Substances associated with the Remediation Activities, and shall pay all fees and taxes and sign all waste manifests for any Hazardous Substances generated in connection with any Remediation Activity. Owner shall immediately notify the Association upon learning of any Release of a Hazardous Material at the Property that results from or is related to Owner's or its Representatives' access to and/or use of the Property (including any Remediation Activity) and shall promptly provide the Association copies of any notices, reports, documents or other communications to or from any Governmental Authority or other Person concerning any such Release. Such notification shall be made verbally within twenty-four (24) hours, and in writing within seventy-two (72) hours, of Owner's knowledge of any such Release. Owner shall be solely responsible, at its own expense, for the proper cleanup, removal and/or remedy of any such Release in accordance with applicable Environmental Law, and shall indemnify and hold the Owner Protected Persons harmless from, and defend them against, any Losses arising out of or in any way related to any such Release.

Management of Hazardous Substances. 85 Section 16.02 Concessionaire Indemnifications Regarding Hazardous Substances. 86

Related to Management of Hazardous Substances

Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
Definition of Hazardous Materials For purposes of this Lease, the term “Hazardous Material” or “Hazardous Materials” shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County acting in its governmental capacity, the State of California or the United States government.
No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or (B) are present on, over, beneath, in or upon any Real Property or any portion thereof in quantities that would constitute a violation of any Environmental Laws. No prior use by the Company or any of its Subsidiaries of any Real Property has occurred that violates any Environmental Laws, which violation would have a material adverse effect on the business of the Company or any of its Subsidiaries.
Hazardous Substance The term “Hazardous Substance” shall mean any hazardous or toxic substances, materials or wastes, or pollutants or contaminants as defined, listed or regulated by any Environmental Law or by common law decision including, without limitation, chlorinated solvents; petroleum products or by products; asbestos; and polychlorinated biphenyl.
Use of Hazardous Materials Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.
Hazardous Materials Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
Hazardous Material Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.
Hazardous Wastes In the event that the Mortgaged Property, related to a Mortgage Loan which is being considered for liquidation by foreclosure or the transfer of a deed-in-lieu of foreclosure, contains, and the Servicer has reason to believe that it contains, hazardous or regulated substances which may impose liability, for damages, remediation or otherwise, upon the owner of such Mortgaged Property pursuant to Federal, State or local law, the Servicer shall not, except with the express prior written approval of the Master Servicer, which approval makes specific reference to the presence of such hazardous or regulated substances, undertake or continue the process of foreclosure with respect to such Mortgaged Property.
Hazardous Waste The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to the pollution or protection of the environment. Tenant hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substances; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances; (iii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface of subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Tenant will not permit any hazardous Substances to be brought onto the Premises, and if so brought thereon, then the same shall be immediately removed with proper disposal, and all required clean-up procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord’s representative shall have the right but not the obligation to enter the Premises upon reasonable notice except in case of an emergency for the purpose of ensuring compliance with all Environmental Laws. If Tenant so contaminates the Premises, then Tenant shall promptly and diligently institute proper and thorough clean-up procedures at Tenant’s sole cost, and Tenant hereby indemnifies and holds Landlord harmless from and against all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of Tenant’s failure to comply with this Paragraph 48. The foregoing indemnification and the responsibilities of Tenant shall survive the expiration or earlier termination of this Lease.
Environmental Laws and Hazardous Materials The Company and its subsidiaries are in compliance with all foreign, federal, state and local rules, laws and regulations relating to the use, treatment, storage and disposal of hazardous or toxic substances or waste and protection of health and safety or the environment which are applicable to their businesses (“Environmental Laws”). There has been no storage, generation, transportation, handling, treatment, disposal, discharge, emission, or other release of any kind of toxic or other wastes or other hazardous substances by, due to, or caused by the Company or any of its subsidiaries (or, to the Company’s Knowledge, any other entity for whose acts or omissions the Company or any of its subsidiaries is or may otherwise be liable) upon any of the property now or previously owned or leased by the Company or any of its subsidiaries, or upon any other property, in violation of any law, statute, ordinance, rule, regulation, order, judgment, decree or permit or which would, under any law, statute, ordinance, rule (including rule of common law), regulation, order, judgment, decree or permit, give rise to any liability; and there has been no disposal, discharge, emission or other release of any kind onto such property or into the environment surrounding such property of any toxic or other wastes or other hazardous substances with respect to which the Company or any of its subsidiaries has knowledge.

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