Payment for Bodily Injury or Property Damage. The Trust Fund so established shall be used solely to provide for the payment of third‑party liability awards and settlements for bodily injury and property damage caused by occurrences arising from the operations of the facilities covered by this Agreement. The Trustee shall satisfy such awards and settlements by making payments from the Trust Fund only upon receipt of one of the following documents: (a) Certification from the Grantor and the third party claimant(s) that the liability claims should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: CERTIFICATION OF VALID CLAIM The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[_______]. [Signatures] Grantor [Signatures] Claimant(s) (b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities. Payment shall be made directly to the third party(ies) and in the amount(s) as designated in the Certification of Valid Claim or Court Order, up to the value of the Trust Fund.
Appears in 2 contracts
Samples: Hazardous Waste Management Liability Trust Agreement, Hazardous Waste Management Liability Trust Agreement
Payment for Bodily Injury or Property Damage. The Trust Fund so established shall be used solely to provide for the payment of third‑party liability awards and settlements for bodily injury and property damage caused by occurrences arising from the operations of the facilities covered by this Agreement. The Trustee shall satisfy such awards and settlements by drawing on the letter of credit described in attached Exhibit A, and by making payments from the Trust Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claims claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: CERTIFICATION OF VALID CLAIM The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[_______]. [Signatures] Grantor [Signatures] Claimant(s)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities. Payment shall be made directly to the third party(ies) and in the amount(s) as designated in the Certification of Valid Claim or Court Order, up to the value of the Trust Fund.
Appears in 2 contracts
Samples: Hazardous Waste Management Liability Standby Trust Agreement, Hazardous Waste Management Liability Standby Trust Agreement
Payment for Bodily Injury or Property Damage. The Trust Fund so established shall be used solely to provide for the payment of third‑party liability awards and settlements for bodily injury and property damage caused by occurrences arising from the operations of the facilities covered by this Agreement. The Trustee shall satisfy such awards and settlements by making payments from the Trust Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claims should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: CERTIFICATION OF VALID CLAIM The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[_______]. [Signatures] Grantor [Signatures] Claimant(s)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities. Payment shall be made directly to the third party(ies) and in the amount(s) as designated in the Certification of Valid Claim or Court Order, up to the value of the Trust Fund.
Appears in 1 contract
Samples: Trust Agreement
Payment for Bodily Injury or Property Damage. The Trust Fund so established shall be used solely to provide for the payment of third‑party liability awards and settlements for bodily injury and property damage caused by occurrences arising from the operations of the facilities covered by this Agreement. The Trustee shall satisfy such awards and settlements by drawing on the letter of credit described in attached Exhibit A, and by making payments from the Trust Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claims claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: CERTIFICATION OF VALID CLAIM The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[_______]. [Signatures] Grantor [Signatures] Claimant(s)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities. Payment shall be made directly to the third party(ies) and in the amount(s) as designated in the Certification of Valid Claim or Court Order, up to the value of the Trust Fund.
Appears in 1 contract
Samples: Trust Agreement