Common use of Remediation by Contractor Clause in Contracts

Remediation by Contractor. Contractor shall conduct and complete all investigations, studies, sampling, testing and remediation of the Site as required by Applicable Laws and Applicable Permits in connection with any Release, disposal or the presence of Hazardous Materials, where existing prior to the Effective Date or brought onto or generated at the Site by any Contractor Party or Subcontractor or to the extent any such Release is caused by the negligent acts or omissions of any Contractor Party or Subcontractor, except to the extent such Release is caused by any Owner Party after the Effective Date. Contractor shall promptly comply with all lawful orders and directives of all Governmental Authorities regarding Applicable Laws and Applicable Permits relating to the use, transportation, storage, handling or presence of Hazardous Materials, or any Release, by any Contractor Party, Subcontractor or any Person acting on its or their behalf or under its or their control of any such Hazardous Materials brought onto or generated at the Site by any Contractor Party or Subcontractor, except to the extent any such orders or directives are being contested in good faith by appropriate proceedings in connection with the Work.

Appears in 3 contracts

Samples: Build Transfer Agreement, Balance of Plant Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

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Remediation by Contractor. Without limiting what may constitute a “Change In Law” hereunder, Contractor shall conduct and complete all investigations, studies, sampling, testing and remediation of the Site as required by Applicable Laws and Applicable Permits in connection with any Releasethe potential release, disposal discharge or the presence of Hazardous Materials, where existing prior to the Effective Date or Materials brought onto or generated at the Site by Contractor or any Contractor Party or Subcontractor or to the extent any such Release is caused by the negligent acts or omissions of any Contractor Party or Subcontractorthird-party (other than Owner, except to the extent that such Release is caused Hazardous Materials were brought onto or generated at the Site and delivered to Contractor or any Subcontractor to be handled by the same in the course of performing the Work) to the extent required under any Owner Party after the Effective DateApplicable Laws. Contractor shall promptly comply with all lawful orders and directives of all Governmental Authorities regarding Applicable Laws and Applicable Permits relating to the use, transportation, storage, handling or presence of Hazardous Materialshandling, presence, or release by Contractor, any Release, by any Contractor Party, Subcontractor or any Person acting on its or their behalf or under its or their control of any such Hazardous Materials brought onto or generated at the Site by Contractor or any Contractor Party or Subcontractor, except to the extent any such orders or directives are being contested in good faith by appropriate proceedings in connection with the Work.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Txu Corp /Tx/)

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