Common use of Permit Transfer Clause in Contracts

Permit Transfer. WQCs are transferrable unless specifically prohibited by statute, regulation or another permit condition. Consistent with applicable law, applications for transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification. Excepting state or federal agencies, the Permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation, its representatives, employees and authorized agents, for all claims, suits, action and damages, to the extent attributable to the Permittee’s acts or omissions in connection with the Permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by this WQC whether or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to the Department’s own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the Department and arising under Article 78 of the New York Civil Practice Laws and Rules, any citizen suit or civil rights provision under federal or state laws, or otherwise under applicable law. Item B: Permittee’s Contractors to Comply with Permit. The Permittee is responsible for informing independent contractors, employees, agents and assigns of their responsibility to comply with this WQC, including all special conditions, while acting as the Permittee’s agent with respect to the permitted activities, and such person shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the Permittee. Item C: Permittee Responsible for Obtaining Other Required Permits. The Permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this WQC. Item D: No Right to Trespass or Interfere with Riparian Rights. This WQC does not convey to the Permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. EXHIBIT J