Notice of Hazardous Materials. The California Health and Safety Code requires businesses to provide warnings prior to exposing individuals to materials listed by the Governor as chemicals “known to the State of California to cause cancer or reproductive toxicity”. The Contractor acknowledges that such chemicals may be present on the Project site. Accordingly, in performing its Work, hereunder, the Contractor and its subcontractors and their employees, agents and consultants may be exposed to chemicals on the Governor’s list. The Contractor shall be solely responsible for notifying its employees, agents and subcontractors that services performed hereunder may result in exposure to chemicals, as required under Proposition 65. Contractor further acknowledges that other hazardous materials, including but not limited to lead paint and asbestos, may be present on the Project sites.
Notice of Hazardous Materials. Contractor will take all measures required under Applicable Laws to prevent the Release of any Hazardous Materials at the Site or adjacent areas in violation of Applicable Laws. If Contractor discovers, encounters or is notified of (i) any Release of any Hazardous Materials or (ii) Pre-Existing Contamination, in each case, at the Site:
(a) Contractor shall immediately contact the Site Representative and also promptly provide written Notification to Owner thereof and restrict access to the area containing such Hazardous Materials or Pre-Existing Contamination, as applicable, as required by Applicable Law or Applicable Permits;
(b) if Contractor or any Subcontractor has brought such Hazardous Materials onto the Site or generated such Hazardous Materials, Contractor shall notify Owner of its remedial plan and, upon approval of such remedial plan by Owner, promptly remove such Hazardous Materials from the Site and remediate the Site in accordance with such plan and all Applicable Laws and Applicable Permits (to the extent the Applicable Permits relate to the Work) in each case at Contractor’s sole cost and expense, except where such materials were Released by an Owner Party; and
(c) if Contractor or any Subcontractor has brought such Hazardous Materials onto the Site or generated such Hazardous Materials, Contractor shall not be entitled to any termination, extension of time or additional compensation hereunder for any delay or costs incurred by Contractor as a result of the existence of such Hazardous Materials, except where such materials were Released by an Owner Party.
Notice of Hazardous Materials. Within ten (10) days after an executive officer of the Borrowers obtaining actual knowledge thereof, Borrowers shall immediately advise Agent Bank in writing and deliver a copy of (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed or threatened pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral ("Hazardous Materials Laws"); (b) all claims made or threatened by any third party against Borrowers or the Hotel/Casino Facilities in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); and (c) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Hotel/Casino Facilities that could cause the Borrowers, or any of them, or any part thereof to be classified as a "border-zone property" under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Hotel/Casino Facilities under, any Hazardous Materials Laws.
Notice of Hazardous Materials. If Contractor discovers, encounters or is notified of any Release or exposure to Hazardous Materials at the Site:
(a) Contractor shall promptly notify Owner thereof and stop work in and restrict access to the area containing such Hazardous Materials as required by Applicable Law or Applicable Permits; *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
(b) if any Contractor Party or Subcontractor has brought such Hazardous Materials onto the Site or generated such Hazardous Materials, Contractor shall, as promptly as reasonably practicable, remove such Hazardous Materials from the Site and remediate the Site to the extent required by all Applicable Laws and Applicable Permits in each case at Contractor's sole cost and expense, except where such materials were Released by Owner, its Affiliates, or any third party other than any Contractor Party or Subcontractor (but only after the Effective Date); and
(c) if any Contractor Party or any Subcontractor has brought such Hazardous Materials onto the Site or generated such Hazardous Materials, Contractor shall not be entitled to any extension of time or additional compensation hereunder for any delay or costs incurred by Contractor as a result of the existence of such Hazardous Materials, except where such materials were Released by Owner, its Affiliates, or any third party other than any Contractor Party or Subcontractor (but only after the Effective Date).
Notice of Hazardous Materials. Promptly, and in any event within 10 Business Days after the Borrower obtain knowledge thereof, written notice of (i) any release or threat of release of Hazardous Materials on, in, under or affecting all or any portion of the Property or (ii) the violation of any Environmental Law, in each case which could reasonably be expected to have a Material Adverse Effect.
Notice of Hazardous Materials. (Section 5.20): State whether or not to your knowledge there are any matters of which Banks should be advised under Section 5.20. If so, attach a detailed summary of such matter(s). ______________
Notice of Hazardous Materials. Notwithstanding anything else to the contrary herein, in the event any Hazardous Materials are discovered on, under or at. the Premises (whether or not such caused by an act or omission of Tenant or Tenant's Agents), Tenant shall immediately notify Landlord of any such discovery. If the Hazardous Materials have been placed, held, located, Released or disposed of at the Premises by the acts or omissions of Tenant or Tenant's Agents (whether such Hazardous Materials are discovered' by Landlord during the term of this Lease or following the termination of the Lease), Tenant shall, at its sole cost and expense, comply with all Environmental Laws to remedy the situation, including, without limitation, promptly conducting a site assessment, taking immediate action required for containment of the Hazardous "Materials, and preparing and implementing a plan for the clean-up of the Hazardous Materials. Landlord may at any time during the term of this Lease upon reasonable prior notice to Tenant (except in the case of emergency) and in a manner so as, to the extent commercially reasonable, to minimize disruption with the conduct of Tenant's business (provided mat Tenant acknowledges mat there- will necessarily be some disruption), and within sixty (60) days after the expiration or termination, of the term of this Lease, inspect the Premises for the existence of Hazardous Materials on the Premises placed, held, located, Released or disposed of by the acts or omissions of Tenant or Tenant's Agents. If Landlord discovers Hazardous Materials on the Premises placed, held, located, Released or disposed of by the acts or omissions of Tenant or Tenant's Agents in violation of applicable Environmental Laws, Tenant shall, at its sole cost and expense, and upon demand of Landlord, reimburse Landlord for its costs to inspect the Premises and comply with Environmental Laws for the removal or remediation of the Hazardous Materials. • Release and Indemnity. TENANT HEREBY RELEASES, INDEMNIFIES, HOLDS HARMLESS AND AGREES TO DEFEND LANDLORD, AND ITS AFFILIATES, AND THBIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATTVES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAMS, CAUSES OF ACTION, DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL FORESEEABLE AND UNFORESEEABLE CONSEQUENTIAL DAMAGES, INJUNCTION AND OTHER RELIEF), FINES, JUDGMENTS,
Notice of Hazardous Materials. Prior to Hovione commencing the Services, Client shall inform Hovione of all material characteristics, including all health and safety characteristics, of the Client-Supplied Materials to the extent known by Client, and when appropriate, provide Hovione with a Material Safety Data Sheet on Client-Supplied Materials and Product. Client shall promptly notify Hovione of any new hazards or potential new hazards to the health and safety of Hovione personnel relating to the Client-Supplied Materials or Product of which Client becomes aware.
Notice of Hazardous Materials. If Tenant has knowledge of the presence of Hazardous Materials (other than commercially reasonable quantities of cleaning and office supplies) in or on the Premises or any other portion of the Building, Tenant shall notify Landlord thereof in writing promptly after obtaining such knowledge.
Notice of Hazardous Materials. (Section 5.20): State whether or not to your knowledge there are any matters requiring notice to Agent Bank under Section 5.20. If so, attach a detailed summary of such matter(s). _____________
