Common use of RESPONSE AND COMPLIANCE ACTIONS Clause in Contracts

RESPONSE AND COMPLIANCE ACTIONS. If the Airport or adjacent property are is contaminated or otherwise damaged or injured by any Solid Waste or Hazardous Materials released or Discharged by Contractor or its employee, agent, sub-contractor, or any other third party under Contractor’s control, Contractor agrees to: 1. Without limiting the indemnity obligations herein, if during the term of this Contract Contractor or its subcontractor, agent, employee, licensee, or other parties under Contractor's direction or control, is the sole cause of a Release, Discharge, or spill of a Hazardous Material (including, but not limited to those which contaminate or pollute any surface water, ground water, infrastructure, or conveyance system), as is reasonably determined by Owner pursuant to Environmental Laws, at any portion of the Airport, in connection with their operations: (i) orally notify Owner’s Airport Operations Center of such Release, Discharge, or spill in accordance with applicable DFW Environmental Rules; (ii) unless otherwise provided under this Contract, report such Release, Discharge, or spill to appropriate governmental agencies in accordance with applicable Environmental Laws, including, but not limited to, 30 Tx. Admin. Code § 327.3, as it may be amended from time to time, and identify Contractor or, as applicable, its subcontractor, agent, employee, licensee, or other party under Contractor’s direction or control, as a responsible party for such Release, Discharge, or spill; except that Contractor shall have no obligation to report under this Section s.1.(ii) to the extent such other party has reported such Release, Discharge or spill in accordance with applicable Environmental Laws. (iii) immediately xxxxx and respond to the Release, Discharge, or spill of a Hazardous Material, as required by applicable Environmental Laws, including but not limited to 30 Tx. Admin. Code § 327.5, as it may be amended from time to time; (iv) take all further actions necessary or required under Environmental Laws to mitigate any imminent threat to human health or the environment; and (v) undertake any further repairs, remediation, or corrective actions as are required by Environmental Laws or a governmental agency with jurisdiction, to remediate any such Release, Discharge, or spill of a Hazardous Material, and any resulting pollution or contamination. 2. Without limiting the indemnity obligations herein, if, as is reasonably determined by Owner, the Contractor or its subcontractor, employee, agent, licensee, or other party under Contractor's direction or control, is the sole cause of a Release, Discharge or spill of a Hazardous Material at the Airport, or one of multiple contributors to a Release, Discharge or spill of a Hazardous Material at the Airport, Contractor shall be responsible for ensuring that the notification, reporting, abatement, remediation, and other actions required by this Contract are accomplished. At the time Owner makes a determination pursuant to subsection s.1., Owner shall, at Contractor’s request, provide Contractor with all non- privileged records, permits, test results, sample results, written or electronic documentation, studies or other documentation used to support its determination. Nothing in this Contract shall prevent Contractor from seeking to recover its costs from potentially responsible third parties. 3. If, as is reasonably determined by Owner, Contractor: (i) does not diligently take immediate and all other actions required by applicable Environmental Laws, including, but not limited to, 30 Tx. Admin. Code § 327, in response to a Release, Discharge, or spill for which it is responsible under Section s.1., within the time(s) prescribed by such Environmental Law(s); or (ii) does not perform or complete all necessary repairs, corrective actions or remediation for which it is responsible under Section s.1. within the time(s) prescribed by applicable Environmental Laws, or within the time reasonably necessary to enable Owner to meet its obligations under Environmental Laws (subject to the condition that Owner must first provide reasonable advance written notice to Contractor of such obligations, except in emergency circumstances in which such advance notice is not possible), then Owner, in addition to its rights and remedies described elsewhere in this Contract, may, at its election, upon reasonable written notice, enter the affected area, and take whatever action Owner reasonably deems necessary to protect the public health and safety and the environment, or to enable Owner to meet its obligations under Environmental Laws, within the time required under such Environmental Laws, at Contractor’s expense, although nothing herein shall prejudice the right of Contractor to contest Owner’s determinations made under this Section s.3.

RESPONSE AND COMPLIANCE ACTIONS. If the Airport or adjacent property are is contaminated or otherwise damaged or injured by any Solid Waste or Hazardous Materials released or Discharged by Contractor or its employee, agent, sub-contractor, or any other third party under Contractor’s control, Contractor agrees to: 1. Without limiting the indemnity obligations herein, if during the term of this Contract Contractor or its subcontractor, agent, employee, licensee, or other parties under Contractor's direction or control, is the sole cause of a Release, Discharge, or spill of a Hazardous Material (including, but not limited to those which contaminate or pollute any surface water, ground water, infrastructure, or conveyance system), as is reasonably determined by Owner pursuant to Environmental Laws, at any portion of the Airport, in connection with their operations: (i) orally notify Owner’s Airport Operations Center of such Release, Discharge, or spill in accordance with applicable DFW Environmental Rules; (ii) unless otherwise provided under this Contract, report such Release, Discharge, or spill to appropriate governmental agencies in accordance with applicable Environmental Laws, including, but not limited to, 30 Tx. Admin. Code § 327.3, as it may be amended from time to time, and identify Contractor or, as applicable, its subcontractor, agent, employee, licensee, or other party under Contractor’s direction or control, as a responsible party for such Release, Discharge, or spill; except that Contractor shall have no obligation to report under this Section s.1.(ii) to the extent such other party has reported such Release, Discharge or spill in accordance with applicable Environmental Laws. (iii) immediately xxxxx and respond to the Release, Discharge, or spill of a Hazardous Material, as required by applicable Environmental Laws, including but not limited to 30 Tx. Admin. Code § 327.5, as it may be amended from time to time; (iv) take all further actions necessary or required under Environmental Laws to mitigate any imminent threat to human health or the environment; and (v) undertake any further repairs, remediation, or corrective actions as are required by Environmental Laws or a governmental agency with jurisdiction; and (vi) undertake any further repairs, remediation, or corrective actions to remediate any such Release, Discharge, or spill of a Hazardous Material, and any resulting pollution or contaminationcontamination to the extent required to restore the affected property to its condition prior to such Release, Discharge, or spill of Hazardous Material. 2. Without limiting the indemnity obligations herein, if, as is reasonably determined by Owner, the Contractor or its subcontractor, employee, agent, licensee, or other party under Contractor's direction or control, is the sole cause of a Release, Discharge or spill of a Hazardous Material at the Airport, or one of multiple contributors to a Release, Discharge or spill of a Hazardous Material at the Airport, Contractor shall be responsible for ensuring that the notificationnotification and reporting requirements of this Contract, reporting, and Contractor shall be responsible for abatement, remediation, and other actions required by this Contract are accomplishedContract. At the time Owner makes a determination pursuant to subsection s.1., Owner shall, at Contractor’s request, provide Contractor with all non- non-privileged records, permits, test results, sample results, written or electronic documentation, studies or other documentation used to support its determination. Nothing in this Contract shall prevent Contractor from seeking to recover its costs from potentially responsible third parties. 3. If, as is reasonably determined by Owner, Contractor: (i) does not diligently take immediate and all other actions required by applicable Environmental Laws, including, but not limited to, 30 Tx. Admin. Code § 327, in response to a Release, Discharge, or spill for which it is responsible under Section s.1., within the time(s) prescribed by such Environmental Law(s); or (ii) does not perform or complete all necessary repairs, corrective actions or remediation for which it is responsible under Section s.1. within the time(s) prescribed by applicable Environmental Laws, or within the time reasonably necessary to enable Owner to meet its obligations under Environmental Laws (subject to the condition that Owner must first provide reasonable advance written notice to Contractor of such obligations, except in emergency circumstances in which such advance notice is not possible), then Owner, in addition to its rights and remedies described elsewhere in this Contract, may, at its election, upon reasonable written notice, enter the affected area, and take whatever action Owner reasonably deems necessary to protect the public health and safety and the environment, or to enable Owner to meet its satisfy the obligations of Contractor under Environmental LawsSection s.1., within the time required under such Environmental Laws, at Contractor’s expense, although nothing herein shall prejudice the right of Contractor to contest Owner’s determinations made under this Section s.3.