No Nuisance Covenant. The Company shall keep the Facility Site neat, clean and litter-free at all times, and shall avoid the creation of nuisance conditions at or due to the Wastewater System, with respect to surface litter, noise, odor, fugitive dust, or vectors inconsistent with conditions reasonably anticipated in the ordinary course of the operation of a wastewater treatment system in accordance with the Operating Standards. Should any such nuisance condition occur, the Company shall expeditiously remedy the condition. If the nuisance condition is the result of an Uncontrollable Circumstance or Borough Breach, the Borough shall compensate the Company for the cost of such remedy. If such nuisance is not due to an Uncontrollable Circumstance or Borough Breach, the Company shall bear the cost of such remedy and the Company shall hold the Borough harmless from any Loss and Expense relating thereto, subject to and in accordance with Section 10.2 hereof.
No Nuisance Covenant. The Company shall keep the Managed Assets and the Pump Stations neat, clean and litter-free at all times, ensure that the operation of the Managed Assets and the Pump Stations does not create any odor, litter, noise, fugitive dust, vector or other adverse environm ental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable Law. Should any such nuisance condition occur which is not caused by Uncontrollable Circumstances, the Company shall promptly remedy the condition, pay any fines or penalties relating thereto, m ake all Capital Modifications and changes in operating and management practices necessary to prevent a recurren ce of the n uisan ce con dition, and indemnify and hold the B orough h arm less from any Loss-and-Expense imposed as a result of any Legal Proceeding originated by a third party and arising from such nuisance condition in the m anner provided in Section 14.3.
No Nuisance Covenant. The Company shall keep the System neat, clean and substantially litter-free at all times, and ensure that the operation of the System does not create any odor, substantial litter, noise, fugitive dust, vector or other adverse environmental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable Law. Should any such nuisance condition occur, the Company shall take all necessary steps to remedy the condition, pay any regulatory fines or penalties relating thereto, make all changes in operating and management practices necessary to prevent a recurrence of the nuisance condition, and, to the full extent of its liability under Applicable Law, indemnify, defend and hold the WPCA harmless, from any Loss- and-Expense resulting from such nuisance condition.
No Nuisance Covenant. The County and the Company acknowledge that a substantial objective of the County is for the Contract Services to be supplied in an economically and environmentally sound manner and, accordingly, the Company shall keep the Facilities and Facility Sites neat, clean and litter-free at all times, ensure that the operation of the Facilities and Facility Sites does not create any odor, litter, noise, fugitive dust, vector or other adverse environmental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable Law. Should any such nuisance condition occur as a result of any failure of the Company to comply with its obligations under this Agreement, the Company shall promptly remedy the condition, pay any fines or penalties relating thereto, make all changes in the Company’s operating and maintenance practices necessary to prevent a recurrence of the nuisance condition, and indemnify and hold harmless the County in accordance with the provisions of Section 10.6 from and against any Losses resulting from such failure.
No Nuisance Covenant. The Lessee shall keep the Incineration Facilities neat, clean and litter-free at all times, ensure that the operation of the Incineration Facilities does not create any odor, litter, noise, fu gitive dust, vector or other adverse environm ental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable Law. Should any such nuisance condition occur which is not caused by Uncontrollable Circumstances, the Lessee shall promptly remedy the condition, pay any fines or penalties relating thereto, make all Capital Modifications and chan ges in operating and m anagem ent practices necessary to prevent a recurrence of the nuisance condition, and indemnify and hold the Lessor harmless from any Loss-and-Expen se imposed as a result of any Legal Proceeding originated by a third party and arising from such nuisance condition in the manner provided in Section 15.7.
No Nuisance Covenant. The County and the Company acknowledge that a substantial objective of the County is to operate the Facility in an economically and environmentally sound manner and accordingly, the Company shall keep the Landfill Operations Areas, including offices, and maintenance area neat, clean and litter-free at all times, and, to ensure that the operation of the Landfill Operation Areas does not create any impermissible odor, litter, noise, fugitive dust, vector or other adverse environmental effects. Should any such nuisance condition occur, the Company shall expeditiously remedy same. If a Notice of Violation (NOV) is issued by any governmental body for nuisance condition caused by the Company, the Company will be responsible, at its sole cost and expense, for any and all fines or damages that are levied as a result thereof, including remediation of the source or cause of such NOV.
