PRODUCT HAZARDS. Seller shall adequately warn Buyer of the risks associated with handling, using, transporting, storing and disposing of the Product, including without limitation, those set forth in Seller’s Material Safety Data Sheet for Product (“MSDS”). Buyer shall maintain compliance in all material respects with all safety and health related governmental requirements concerning Product.
PRODUCT HAZARDS. BUYER ACKNOWLEDGES THAT IT IS FAMILIAR WITH PRODUCT AND HAS BEEN ADEQUATELY WARNED BY SELLER OF THE RISKS ASSOCIATED WITH HANDLING, TRANSPORTING, USING, STORING AND DISPOSING OF PRODUCT, INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH IN SELLER’S SAFETY DATA SHEET FOR PRODUCT (“SDS”). BUYER FURTHER ACKNOWLEDGES ITS SEPARATE AND INDEPENDENT KNOWLEDGE OF SUCH RISKS, WHICH ARE KNOWN IN BUYER’S INDUSTRY. BUYER AFFIRMS IT HAS RECEIVED AND UNDERSTANDS THE CONTENTS OF SAID SDS. Buyer will maintain compliance with all appropriate safe handling and use procedures, and all safety and health-related governmental requirements concerning Product, and will take such steps as necessary to inform its employees, agents, contractors, customers and other third parties of proper use, storage, and disposal of Product. Such steps include, but are not limited to, dissemination of pertinent information contained in the SDS, as appropriate. Buyer will not deliver or consign commercial or sample quantities of Product to any party whom Buyer reasonably believes will handle, transport, use, store or dispose of said Product in a dangerous manner or contrary to law or the advice of Seller. Buyer hereby agrees that Seller will have the right to immediately cease delivery of Product to Buyer, pursuant to this Contract or otherwise, if, in Seller’s reasonable opinion, Buyer fails to take necessary action to prevent or mitigate imminent endangerment to human health, safety, or the environment with regards to Buyer, or Buyer’s representatives or agents’ handling, transportation, use, storage, and disposal of Product.
PRODUCT HAZARDS. Buyer acknowledges receipt of Xxxxxx'x Safety Bulletin for odorized propane and is knowledgeable of the hazards or risks in handling or using the product. Buyer agrees that Buyer shall inform its employees, contractors and customers of any hazards or risks associated with the product. Xxxxxx will make available to Buyer Warning Decals that are intended to be placed on consumer tanks or equipment and copies of its Safety Guide. Buyer agrees to supply its customers with these materials or other reasonably equivalent safety material to warn them of the potential hazards or risks in using odorized propane.
PRODUCT HAZARDS. Buyer acknowledges receipt of Seller’s Material Safety Data Sheets (“MSDS”) for the Product and is aware of the hazards or risks in handling or using the Product. Buyer shall fully inform its employees, agents, contractors, and customers, who handle, use, buy, or may be exposed to the Product, of the Product’s hazards or risks. Buyer shall provide copies of Seller’s MSDS, and any updates furnished to Buyer by Seller, to all such employees, agents, contractors, and customers and shall make the MSDS available throughout those parts of Buyer’s plant and premises where exposure to the Product may occur.
PRODUCT HAZARDS. Buyer assumes all risk and responsibility for handling the Product(s), for results obtained by use of the Product(s) in manufacturing processes or otherwise, and for results obtained by use of the Product(s) in combination with other substances, irrespective of the fact that such use or any handling of the Product(s) is in accordance with any description, advice, or suggestion of Seller. If any description, advice, or suggestion is given by Seller, it is given and accepted at Buyer's risk, and Seller shall not be responsible or liable therefor or for the results thereof. Buyer will indemnify Seller against all claims, loss, liability and expense on account of any injury or death of persons (including Buyer's property) arising out of Buyer's unloading, storage, handling or use of the Product(s) (except to the extent caused by Seller's negligence), and such indemnity obligation of Buyer shall survive termination of this Agreement.
PRODUCT HAZARDS. Buyer or Receiving Party acknowledges receipt of Seller’s or Delivering Party’s Materials Safety Data Sheet for Product and is aware of known hazards or risks in handling or using Product. Both parties shall maintain compliance with all safety and health related governmental requirements concerning Product and shall take steps as are reasonable and practicable to inform their employees, agents, contractors and customers of any hazards or risk associated with Product, including but not limited to dissemination of pertinent information contained in the Material Safety Data Sheet, as appropriate.
PRODUCT HAZARDS. If either YYY or XYZ becomes aware of any information that reasonably supports a conclusion that a hazard may exist in any Product, and the hazard could cause death or bodily injury to any person or property damage (a "Hazard"), the Party becoming aware of this information shall immediately notify the other Party of the Hazard. Whenever possible and if permitted by law, notification to the other Party will precede notice to any governmental agency. YYY and XYZ will promptly exchange all relevant data and then, as promptly as possible, meet to review and discuss the information, tests and conclusions relating to the Hazard. The Parties will discuss the bases for any action, including without limitation a recall, and the origin or causation of the Hazard. YYY will be responsible for all costs associated with resolving a Hazard, including without limitation any recall costs. Each Party shall, on request, provide to the other Party reasonable assistance in determining how best to deal with the Hazard and preparing for and making any presentation before any governmental agency that may have jurisdiction over the Hazard.
PRODUCT HAZARDS. BUYER acknowledges familiarity with the Product, including its handling, transportation, use, storage, and disposal. BUYER further acknowledges its separate and independent knowledge of the risks known in BUYER’s industry to be associated with the handling, transportation, use, storage, and disposal of the Product and assumes those risks upon purchase of the Product. BUYER acknowledges that it has been adequately warned by CITGO of such risks, including, without limitation, those risks set forth in CITGO’s Safety Data Sheet for the Product (“SDS”) which BUYER affirms it has received and understands. BUYER warrants its compliance with all applicable governmental requirements concerning the Product, including without limit all requirement related to safety, health, environmental, recycling and disposal and agrees to take such steps (including dissemination of pertinent information in the SDS) as are reasonable and practicable to inform BUYER’s employees, agents, contractors, and customers of all risks associated with the Product.
PRODUCT HAZARDS. BUYER acknowledges that it has been adequately warned and understands the warnings by SELLER of the risks associated with handling, shipping, storing, using and disposing of the Product, including, without limitation, those set forth in SELLER's Material Safety Data Sheet for Product ("MSDS"). BUYER further acknowledges it is familiar with the Product and has independent knowledge of such risks, which are known in BUYER's industry. BUYER shall maintain compliance with all safety and health related governmental requirements concerning Product and shall take all reasonable and practicable steps to inform, warn and familiarize its employees, agents, contractors and customers with all hazards associated with the Product, including handling, shipment, storage, use and disposal. BUYER shall not deliver or consign commercial or sample quantities of Product to any Party whom BUYER reasonably believes will handle, ship, store, use or dispose of said Product in a dangerous manner or contrary to law or the advice of SELLER. 17. INDEMNIFICATION: SELLER shall indemnify BUYER Group for Liability and Costs relating to Product Incidents which occur while, SELLER its employees, contractors, subcontractors or agents have custody of Product where such Liability and Costs arise from or relate to any such Product Incident's harm to SELLER or its employees, customers, contractors, subcontractors or agents because of exposure to Product or explosion or combustion of Product. BUYER shall indemnify SELLER Group for Liability and Costs relating to Product Incidents which occur while BUYER, its employees, contractors, subcontractors or agents have custody of Product where such Liability and Costs arise from or relate to any such Product Incident's harm to BUYER or its employees, contractors, subcontractors or agents because of exposure to specification conforming Product or explosion or combustion of specification conforming Product.
PRODUCT HAZARDS. Buyer acknowledges receipt of Seller's Material Safety Data Sheets for Product and is aware of the hazards or risks in handling or using Product. Buyer shall fully inform its employees, agents, contractors and customers who handle, use, buy or may be exposed to any Product of such Product's hazards or risks. Buyer shall provide copies of Seller's Material Safety Data Sheets and any updates furnished by Seller to all such employees, agents, contractors and customers; and Buyers shall conspicuously post the Material Safety Data Sheets throughout the area of Buyer's plants where exposure to any Product may occur, provided however, that Seller's sole remedy for Buyer's failure to perform its obligations hereunder shall be recovery of any costs, losses, expenses or damages suffered by Seller. Under no circumstances will Seller be permitted to withhold or terminate shipments of Product solely because of Buyer's breach of this paragraph.
