Common use of Responsibility for Environmental Contamination Clause in Contracts

Responsibility for Environmental Contamination. 8.1 Notwithstanding Section 10, GTE and AT&T shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses or in connection with the violation or alleged violation of any applicable requirement of the presence or alleged presence of contamination arising out of the indemnifying party’s acts or omissions concerning its operations at the Work Location. 8.2 GTE and AT&T agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970 applicable to their performance under this Agreement. Each Party has the responsibility to notify the other if compliance inspections result in or citations are issued that impact any aspect of performance under this Agreement such as occurring on a LEC affected Work Location or involving CLEC potential employee exposure. 8.3 GTE and AT&T shall provide prompt reasonable notice to the other of known and discovered physical hazards or hazardous chemicals at any portion of an affected Work Location used by the other including, Material Safety Data Sheets (MSDSs) for materials existing or brought on site to the Work Location by such party. 8.4 AT&T and GTE will make available to each other their respective internal environmental control or safety procedures for review in planning work at a GTE Work Location. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors for safety and environmental protection. AT&T will follow its practices unless for a specific Work Location or emergency procedure, GTE’s practice provides a greater degree of safety or environmental control. 8.5 Any materials brought to or stored, used or remaining at a Work Location by AT&T are the property of AT&T. AT&T must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Work Location. 8.6 AT&T agrees to promptly notify GTE of any third-party contamination it discovers at a GTE affected Work Location. Notification obligations to regulatory authorities shall be the responsibility of GTE to evaluate and act upon, unless AT&T is required by applicable law to directly report. 8.7 AT&T agrees to obtain and use its own environmental permits, if necessary for its performance under this Agreement. If GTE’s permit or EPA identification number must be used, AT&T must comply with applicable GTE environmental procedures, including environmental “best management practices (BMP)” and/or selection of disposition vendors and disposal sites to the extent provided by GTE. In the event that AT&T must use GTE’s vendors for waste disposal, GTE assumes all liability for such materials, and GTE agrees to indemnify AT&T for any and all claims that may arise from such waste disposal. 8.8 AT&T visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE Work Locations, to the extent provided by GTE. GTE will, to the extent possible, supply such practices/codes to AT&T prior to AT&T’s first entry into the Work Location. 8.9 GTE and AT&T shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting if applicable to their performance under this Agreement. If fees are associated with any required filing, GTE and AT&T will develop a cost sharing procedure. GTE and AT&T will determine for each Work Location which party has the lead responsibility for such filings and coordination. 8.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This may include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions). 8.11 For the purposes of this Section 8 only, the following terms have the meanings set forth in this subsection 8.11: hazardous chemical: Means any chemical which is a health hazard or physical hazard as defined in the U.S. Occupational Safety and Health (OSHA) hazard communication standard (29 CFR 1910.1200). third party contamination: Environmental pollution that is not generated by the LEC or CLEC but results from off-site activities impacting an affected Work Location.

Appears in 11 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection, Resale and Unbundling Agreement

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Responsibility for Environmental Contamination. 8.1 Notwithstanding Section 10, GTE and AT&T ACSI shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses or in connection with the violation or alleged violation of any applicable requirement of the presence or alleged presence of contamination arising out of the indemnifying party’s acts or omissions concerning its operations at the Work Location. 8.2 GTE and AT&T ACSI agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970 applicable to their performance under this Agreement. Each Party has the responsibility to notify the other if compliance inspections result in or citations are issued that impact any aspect of performance under this Agreement such as occurring on a LEC affected Work Location or involving CLEC potential employee exposure. 8.3 GTE and AT&T ACSI shall provide prompt reasonable notice to the other of known and discovered physical hazards or hazardous chemicals at any portion of an affected Work Location used by the other including, Material Safety Data Sheets (MSDSs) for materials existing or brought on site to the Work Location by such party. 8.4 AT&T ACSI and GTE will make available to each other their respective internal environmental control or safety procedures for review in planning work at a GTE Work Location. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors for safety and environmental protection. AT&T ACSI will follow its practices unless for a specific Work Location or emergency procedure, GTE’s practice provides a greater degree of safety or environmental control. 8.5 Any materials brought to or stored, used or remaining at a Work Location by AT&T ACSI are the property of AT&T. AT&T ACSI. ACSI must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Work Location. 8.6 AT&T ACSI agrees to promptly notify GTE of any third-party contamination it discovers at a GTE affected Work Location. Notification obligations to regulatory authorities shall be the responsibility of GTE to evaluate and act upon, unless AT&T ACSI is required by applicable law to directly report. 8.7 AT&T ACSI agrees to obtain and use its own environmental permits, if necessary for its performance under this Agreement. If GTE’s permit or EPA identification number must be used, AT&T ACSI must comply with applicable GTE environmental procedures, including environmental “best management practices (BMP)” and/or selection of disposition vendors and disposal sites to the extent provided by GTE. In the event that AT&T ACSI must use GTE’s vendors for waste disposal, GTE assumes all liability for such materials, and GTE agrees to indemnify AT&T ACSI for any and all claims that may arise from such waste disposal. 8.8 AT&T ACSI visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE Work Locations, to the extent provided by GTE. GTE will, to the extent possible, supply such practices/codes to AT&T ACSI prior to AT&TACSI’s first entry into the Work Location. 8.9 GTE and AT&T ACSI shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting if applicable to their performance under this Agreement. If fees are associated with any required filing, GTE and AT&T ACSI will develop a cost sharing procedure. GTE and AT&T ACSI will determine for each Work Location which party has the lead responsibility for such filings and coordination. 8.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This may include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions). 8.11 For the purposes of this Section 8 only, the following terms have the meanings set forth in this subsection 8.11: hazardous chemical: Means any chemical which is a health hazard or physical hazard as defined in the U.S. Occupational Safety and Health (OSHA) hazard communication standard (29 CFR 1910.1200). third party contamination: Environmental pollution that is not generated by the LEC or CLEC but results from off-site activities impacting an affected Work Location.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

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