Site Matters applies, indemnify and keep indemnified the Authority, its employees, agents and contractors against Direct Losses incurred by the Authority, its employees, agents and contractors arising from such Contamination;
Site Matters. (a) The Sellers shall provide to the Purchaser copies of their title commitments, title policies and surveys listed on Schedule 6.10(a) (the “Existing Title Information”) relating to the Conveyed Sites. The Purchaser may obtain, at its cost, and for its and any of its lenders’ benefit, title policies (“Purchaser Title Policies”) and surveys (“Surveys”) with respect to any Conveyed Site. The Sellers shall reasonably cooperate with the Purchaser by providing access to the Conveyed Sites, the Easements, and the Sellers’ property records for the purpose of obtaining Purchaser Title Policies and Surveys but, subject to Section 6.2 and Section 6.10(b) below, shall not be obligated to undertake any cost or obligation in connection therewith.
(b) The Parties acknowledge and agree that (i) the Port Xxxxxx Site will be conveyed to the Purchaser at the Closing with reservations of easements, leasehold rights, other surface use rights and rights-of-access in favor of the Sellers providing for the locating of and access to the pipelines, tanks, electrical transmission lines, other facilities and effluent streams that are described on Schedule 6.10(b)-1 as being retained by the Sellers from and after the Closing together with any pumps and other equipment associated therewith (the “Seller Retained Easements”) and (ii) the Sellers will convey, and as necessary cause their Affiliates to convey, to the Purchaser at the Closing easements to the extent necessary across lands owned by the Sellers providing for the locating of and access to the Easement Facilities described on Schedule 6.10(b)-2 (the “Additional Conveyed Easements”). From and after the date hereof until the Closing, the Sellers and the Purchaser shall cooperate in and share the out-of-pocket third-party survey costs of identifying the property covered by the Seller Retained Easements and the Additional Conveyed Easements, together with the costs of the surveys. Such costs shall be borne 50% by the Purchaser and 50% by the Sellers.
Site Matters. A.14.1 The Principal will give the Contractor sufficient access to the Site to reasonably enable the Contractor to perform that part of the Supply required to be performed on the Site. The Contractor may only use the Site for the purpose of performing that part of the Supply required to be performed on the Site.
A.14.2 The Contractor may not have exclusive access to the Site or any part of it and must coordinate that part of the Supply required to be performed on the Site with activities of the Principal, the Principal’s Personnel and any other contractors (Separate Contractors).
A.14.3 The Contractor must:
(a) permit the concurrent execution of work on the Site by any Separate Contractors, and provide reasonable access for, and co-operate with such persons in the execution of that work to the extent necessary;
(b) ensure that all of the Supply, the completion of which is necessary to allow any Separate Contractor to commence work, has been completed, and will have no entitlement to Claim for doing so or for any impact of any interference caused to the Contractor or that part of the Supply required to be performed on the Site by any person on the Site (including Separate Contractors).
A.14.4 The Contractor must avoid any disruptions or inconvenience to:
(a) the usual and safe operations of the Site; or
(b) the users of the Site, except to the extent expressly permitted by the Contract.
Site Matters. 18.2.1 Subject to clauses 18.2.3 and 18.2.4, the Site Conditions shall be the sole responsibility of the Contractor and accordingly (but without prejudice to any other obligation of the Contractor under this Agreement) the Contractor shall be deemed to have:
(a) carried out a Ground Physical and Geophysical Investigation and to have inspected and examined the Sites and their surroundings and (where applicable) any existing structures or works on, over or under the Sites;
(b) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the form and nature of the Sites, the load bearing and other relevant properties of the Sites, the risk of injury or damage to property affecting the Sites, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and materials necessary for the execution of the Works;
(c) satisfied itself as to the absence of Contamination;
(d) satisfied itself as to the adequacy of the means and rights of access to and through the Sites and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Sites);
(e) satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority) with access to or use of, or rights in respect of, the Sites with particular regard to the owners of any land adjacent to the Sites; and
(f) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to third parties. 18.2.2 Subject to clauses 18.2.3 and 18.2.4, the Contractor accepts full responsibility for all matters referred to in clause 18.2.1 (Site Matters) and the Contractor shall:
(a) not be entitled to make any claim against the Authority of any nature whatsoever, without prejudice to clause 51 (Relief Events), on any grounds including the fact that incorrect or insufficient information on any matter relating to the Sites was given to it by any person, whether or not an Authority Related Party; and
(b) be responsible for, and hold the Authority harmless from, cleaning up and otherwise dealing with any Contamination at the Sites so that it shall at all times comply with its obligations under this Agreement including complying with, at its own cost, any applicable Legislation and any Consents, orders, notices or directions of any re...
Site Matters. 8.2.1 Subject to the other provisions of this Contract, the condition of the Buildings and maintenance requirements in respect of the Site shall be the sole responsibility of the Contractor and accordingly (but without prejudice to any other obligation of the Contractor under this Contract), the Contractor shall be deemed to have:
8.2.1.1 inspected and examined the Buildings and the standard of maintenance of the Site;
8.2.1.2 satisfied itself as to the nature of the Site and the risk of injury or damage to property at the Site;
8.2.1.3 satisfied itself as to the adequacy of the means and rights of access to and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Contract (such as additional land or buildings outside the Site);
8.2.1.4 satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority), with access to or use of, or rights in respect of the Site, with particular regard to the owners of any land adjacent to the Site; and
8.2.1.5 satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference whether public or private, being caused to any third parties.
8.2.2 The Contractor accepts full responsibility for all matters referred to in this clause
8.2.2.1 subject to clause 6.3 (Fraudulent Statements) and clause 8.2.2A and 8.2.4 (Site Matters), not be entitled to make any claim against the Authority of any nature whatsoever on any grounds including the fact that incorrect or insufficient information on any matter relating to the Buildings, the standard of maintenance of the Site, the presence of Contamination in or under the Site as at the Services Commencement Date was given to it by any person; and
8.2.2.2 subject to clause 8.2.4 (Site Matters) and clause 8.7 (Asbestos), be responsible for, and hold the Authority harmless from, cleaning up or otherwise dealing with Contractor Contamination at the Site in accordance with and so that it shall at all times comply with its obligations under this Contract including complying with Good Industry Practice, any applicable Legislation and any Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor).
Site Matters. A.12.1 The Principal will give the Vendor sufficient access to the Site to reasonably enable the Vendor to perform that part of the Supply required to be performed on the Site. The Vendor may only use the Site for the purpose of performing that part of the Supply required to be performed on the Site.
A.12.2 The Vendor must coordinate the Supply required to be performed on the Site with activities of the Principal, the Principal’s Personnel and any other contractors (Separate Contractors) and will have no entitlement to Claim for doing so or for any impact of any interference caused to the Vendor or that part of the Supply required to be performed on the Site by any person on the Site.
A.12.3 The Vendor must avoid any disruptions or inconvenience to:
(a) the usual and safe operations of the Site; or
(b) the users of the Site, including Separate Contractors, except to the extent expressly permitted by the Contract.
A.12.4 The Vendor must take all necessary steps to:
(a) prevent damage to property on or near the Site (including existing utility services (including water, electricity, gas, telecommunications, drainage, stormwater, sewerage services and supporting infrastructure) and assets of the Principal and work previously performed at the Site by another party);
(b) avoid unnecessary interference with the passage of people and vehicles on or near the Site; and
(c) prevent nuisance and unreasonable noise and disturbance on or near the Site.
A.12.5 If any damage, harm, interference, nuisance or disturbance is caused by the Vendor or its Personnel, the Vendor must:
(a) remedy, at its own cost and risk, the damage, harm, interference, nuisance or disturbance as soon as possible to the satisfaction of the Principal; and
(b) indemnify the Principal for any damage, loss, cost or expense suffered by the Principal in connection with the damage, harm, interference, nuisance or disturbance.
A.12.6 If the Vendor fails to comply with its obligations under this Contract, the Principal may perform those obligations itself or through others and all costs, damages and expenses incurred by the Principal in performing those obligations will become a debt due and payable to the Principal from the Vendor.
A.12.7 Subject to any Legislative Requirements that require otherwise, the Vendor must only access the Site, and perform any part of the Supply required to be performed on the Site, during the hours of work set out in the Purchase Order unless directed otherwise by the Princi...
Site Matters. 5.1 Developer's Right of Entry Prior to Conveyance. As City and/or EDC obtains a right of entry which permits Developer onto the Project Premises for purposes of conducting tests and inspections, the City and/or EDC shall grant to Developer (or shall cause Developer to be granted) a right of entry onto the Project Premises to conduct preliminary or preparatory work, such as surveys (including environmental surveys) and tests (including but not limited to core sampling, test pits, monitoring wells, soil compaction and test pilings). City, EDC and/or Developer shall use reasonable best efforts to cause any parties who prxxxxxd such surveys or tests to issue a written statement that permits the City, EDC and Developer, as applicable, to rely on such surveys and tests. To the extent practical, City and/or EDC and Developer agree to share the results of such testing and inspection activities so as to avoid a duplication of such efforts. Developer shall not suffer or permit to be enforced against all or any part of the Development any contractors , subcontractors or materialmens liens arising from any of the aforesaid activities. Developer shall promptly pay, bond out or cause to be paid or bonded out all of said claims, demands and liens before any action is brought to enforce the same. Developer hereby agrees to defend, indemnify and hold harmless City and EDC and each of their officers, agents and employees from and against any and all liabilities, losses, damages, costs, expenses, claims, encumbrances, obligations, charges, penalties and causes of action (including without limitation reasonable attorneys fees) that City and EDC and each of their officers, agents and employees may suffer or be required to pay which arise out of or relate to in any manner to such activities performed by or an behalf of Developer on or with respect to the Project Premises. Developer shall cause any of Developer s contractors that conduct such work and activities on the Project Premises to maintain insurance with respect to liability to third parties in amounts reasonably specified by City and/or EDC. The indemnity provisions of this Section 5.1 shall survive the termination of this Agreement.
Site Matters. To the extent that any part or parts of the Site suffer from or are affected by Contamination arising from a source off Site (whether or not on adjacent land) which is on land owned by the Authority, the Contractor shall be responsible for cleaning up or otherwise dealing with such Contamination and for preventing the recurrence of such Contamination on the Site; and
Site Matters. (a) Entry to the Site by the Supplier and its personnel is at their own risk. To the extent permitted by law, Council will not be responsible for any loss of or damage to property or for any personal injury or death to persons while on the Site.
(b) When accessing the Site, the Supplier must comply with all policies and procedures relating to the Site.
(c) If the Supply constitutes ‘building work’ for the purposes of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act), the Supplier must supervise and manage the performance of the Supply (including any performed by subcontractors) personally or by a competent representative and must otherwise comply with the requirements in sections 43 and 43A of the QBCC Act.
(d) Council may direct the Supplier to have removed from the Site or any activity in respect to the Supply, any of the Supplier’s personnel
(e) The Supplier must coordinate the Supply on the Site with activities of Council, Council’s personnel and any other contractors and has no entitlement to any Claim for doing so or for any impact of interference caused to the Supplier or that part of the Supply required to be performed on the Site.
(f) The Supplier must avoid disruptions or inconvenience to the usual and safe operations of the Site and the users of the Site, except to the extent expressly permitted by the Agreement.
(g) The Supplier must take all necessary steps to prevent damage to property on or near the Site, avoid unnecessary interference with the passage of people and vehicles on or near the Site and prevent nuisance and unreasonable noise and disturbance on or near the Site.
(a) Without limiting any other clause, the Supplier must:
(i) carry out the Supply in a safe manner;
(ii) undertake and provide certification of Council's mandatory online training on the Council website;
(iii) comply with, and do all things necessary to enable Council to comply with, all laws relating to WHS;
(iv) comply with lawful directions issued by persons with control of the Site pursuant to any laws relating to WHS;
(v) have documented safe work practices and procedures for the Supply;
(vi) provide its personnel with personal protective equipment, inductions, information, instruction, training and supervision to ensure their health and safety;
(vii) provide, when requested by Council, evidence of its compliance with any laws relating to WHS; and
(viii) immediately notify Council of accidents involving its personnel.
(b) If urgent action...
Site Matters. Subject to the other terms of this Agreement, the Site Conditions shall be the sole responsibility of the Operator Partner and accordingly (but without prejudice to any other obligation of the Operator Partner under this Agreement) the Operator Partner shall be deemed to have:
