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.
Appears in 4 contracts
Samples: Engineering, Procurement and Construction Agreement (Powersecure International, Inc.), Engineering, Procurement and Construction Agreement (Powersecure International, Inc.), Engineering, Procurement and Construction Agreement (Powersecure International, Inc.)
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) 26.3.1 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) 26.3.2 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) 26.3.3 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.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Powersecure International, Inc.), Engineering, Procurement and Construction Agreement (Powersecure International, Inc.)
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 or exposure to 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 notify Owner thereof and restrict access to the area containing such Hazardous Materials or Pre-Existing Contaminationtake all reasonable efforts, as applicable, as required by consistent with Applicable Law or Applicable Permits;
(b) , to mitigate the impacts associated with such Hazardous Materials including, as appropriate, containing any Release and stopping Work in and restricting access to areas affected by such Hazardous Materials; if any Contractor Party or any Subcontractor has brought such Hazardous Materials onto the Site or generated such Hazardous Materials, Contractor shall notify Owner of its remedial plan andshall, upon approval of such remedial plan by Owneras promptly as reasonably practicable, promptly remove such Hazardous Materials from the Site and remediate the Site in accordance with such plan and to the extent required by 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 after the Effective Date by an Owner PartyOwner, its Affiliates, or any third party other than any Contractor Party or Subcontractor; and
(c) and 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 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 after the Effective Date by an Owner PartyOwner, its Affiliates, or any third party other than any Contractor Party or Subcontractor.
Appears in 2 contracts
Samples: Balance of Plant Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Notice of Hazardous Materials. If Contractor will take all measures required under Applicable Laws to prevent discovers or is notified of the Release existence of any spill or 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 Project Site:
(a) Contractor shall immediately contact the Site Representative and also promptly provide written Notification to notify 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 PermitsMaterials;
(b) if Contractor or any Subcontractor has brought such Hazardous Materials onto the Project Site or has generated such Hazardous MaterialsMaterials as part of the Work, Contractor shall notify Owner of its remedial plan and, upon approval of such remedial plan by Owner, promptly remove such Hazardous Materials from the Project Site and remediate the Project 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 and 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 if Contractor or any Subcontractor is responsible for the spill or release of such Hazardous Materials; and
(d) if neither Contractor nor any Subcontractor has brought such Hazardous Materials on to the Project Site or generated such Hazardous Materials as part of the Work, except where Contractor shall suspend the Work if required by Owner or to the extent required by Applicable Law or reasonably necessary to protect the health and safety of persons and property. Contractor shall use reasonable efforts consistent with the requirements of Applicable Law or the health and safety of persons or property to mitigate the effects of such materials were Released by an suspension and the amount of Work so suspended. If such a suspension occurs, Contractor shall not be obligated to re-commence such suspended Work until Contractor in good faith believes that Owner Partyhas remedied or caused others to remedy the circumstances requiring such suspension.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement (Energy Future Holdings Corp /TX/)