Spillage of Contaminating Materials Sample Clauses

Spillage of Contaminating Materials. (a) Where: (i) the activities of the Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or Aurizon Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and Aurizon Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) Aurizon Network is given a direction, notice or order by a relevant Authority that some action is required to prevent, mitigate or remedy any actual or threatened contamination or Environmental Harm resulting from, or contributed to by, the activities of the Operator under this Agreement, then Aurizon Network may notify the Operator of the action which is required and the Operator must at its cost, as soon as reasonably practicable after receiving such notice, implement such action or cause such action to be implemented. (b) If, in Aurizon Network’s reasonable opinion, any action pursuant to Clause 9.5(a) ought best be undertaken by Aurizon Network, then Aurizon Network may elect to undertake such action and the Operator shall pay to Aurizon Network the costs incurred by Aurizon Network in doing so. (c) If the Operator disputes any action taken by Aurizon Network in accordance with this Clause 9.5, either Party may refer the dispute to an expert in accordance with Clause 18.3 and if the expert determines the dispute in favour of the Operator, Aurizon Network will reimburse the Operator for the costs incurred by the Operator as a result of the actions taken by the Operator at Aurizon Network’s request (or, if applicable, Aurizon Network will bear the costs incurred by Aurizon Network in accordance with Clause 9.5(b) and shall not be able to recover those costs from the Operator) to the extent determined by the expert.
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Spillage of Contaminating Materials. (a) Where: (i) the activities of the Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or QR Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and QR Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) QR Network is given a direction, notice or order by a relevant Authority that some action is required to prevent, mitigate or remedy any actual or threatened contamination or Environmental Harm resulting from, or contributed to by, the activities of the Operator under this Agreement, then QR Network may notify the Operator of the action which is required and the Operator must at its cost, as soon as reasonably practicable after receiving such notice, implement such action. (b) If, in QR Network’s reasonable opinion, any action pursuant to Clause 8.5(a) ought best be undertaken by QR Network, then QR Network may elect to undertake such action and the Operator shall pay to QR Network the costs incurred by QR Network in doing so. (c) If the Operator disputes any action taken by QR Network in accordance with this Clause 8.5, either Party may refer the dispute to the Dispute Managers in accordance with Clause 17.2 and if the dispute is determined in favour of the Operator, QR Network will reimburse the Operator for the costs incurred by the Operator as a result of the actions taken by the Operator at QR Network’s request (or, if applicable, QR Network will bear the costs incurred by QR Network in accordance with Clause 8.5(b)
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Spillage of Contaminating Materials. (a) Where: (i) the activities of the Operator under this Agreement result in any release, spillage or leakage of any Contaminating Material, or QR Network is reasonably of the opinion that those activities are causing or likely to cause contamination or Environmental Harm, and QR Network reasonably considers that action is required to prevent, mitigate or remedy that contamination or Environmental Harm; or (ii) QR Network is given a direction, notice or order by a relevant Authority that some action is required to prevent, mitigate or remedy any actual or threatened contamination or Environmental Harm resulting from, or contributed to by, the activities of the Operator under this Agreement, then QR Network may notify the Operator of the action which is required and the Operator must at its cost, as soon as reasonably practicable after receiving such notice, implement such action or cause such action to be implemented. (b) If, in QR Network’s reasonable opinion, any action pursuant to Clause 8.5(a) ought best be undertaken by QR Network, then QR Network may elect to undertake such action and the Operator shall pay to QR Network the costs incurred by QR Network in doing so.
Sample 1

Related to Spillage of Contaminating Materials

  • Mold The Contractor shall take steps to prevent mold from developing on the Site, or being released into the air and shall promptly decontaminate any areas of mold that develop.

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.

  • Explosives Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

  • Hazardous Material Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.