Common use of Storm Water Compliance Clause in Contracts

Storm Water Compliance. Consultant shall comply with Owner’s Storm Water Pollution Prevention Plan (“SWPPP”), applicable storm water permit (“Permit”) and Owner’s Storm Water Compliance Guidelines (“Guidelines”). Consultant shall implement the Best Management Practices (“BMPs”), set forth in the SWPPP, for any Services that it performs on the Project. A copy of the SWPPP, Guidelines and Permit are available at the construction office. Owner shall be entitled to recover from Consultant all fines, fees, expenses and other penalties assessed by any governmental body due to Consultant’s violation of the Permit or its obligations herein. TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEYS’ FEES, EXPENSES, OR LIABILITIES OF ANY TYPE OR NATURE, INCLUDING ANY AND ALL FINES OR OTHER PENALTIES, CIVIL OR CRIMINAL, ARISING OUT OF ANY VIOLATION OF THE PERMIT OR ANY OF CONSULTANT’S OBLIGATIONS HEREIN, CAUSED IN WHOLE OR IN PART, BY THE WRONGFUL ACTS OR OMISSIONS OF CONSULTANT, OR OTHERWISE CAUSED IN WHOLE OR IN PART BY CONSULTANT’S FAILURE TO COMPLY WITH THE OBLIGATIONS IN THIS SECTION 18. Consultant acknowledges that failure to adhere to the requirements of the SWPPP, Guidelines or Permit constitutes a material default of its contractual obligations herein, and Owner may, without prejudice to any other right or remedy, remove Consultant from the Project, terminate this Agreement, and retain a separate consultant to complete Consultant’s obligations arising under this Agreement (the “Completion Consultant”).

Appears in 3 contracts

Samples: General Agreement for Consulting Services, General Agreement for Consulting Services, General Agreement for Consulting Services

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Storm Water Compliance. Consultant shall comply with Owner’s Storm Water Pollution Prevention Plan (“SWPPP”), applicable storm water permit (“Permit”) and Owner’s Storm Water Compliance Guidelines (“Guidelines”). Consultant shall implement the Best Management Practices (“BMPs”), set forth in the SWPPP, for any Services that it performs on the Project. A copy of the SWPPP, Guidelines and Permit are available at the construction office. Owner shall be entitled to recover from Consultant all fines, fees, expenses and other penalties assessed by any governmental body due to Consultant’s violation of the Permit or its obligations herein. TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEYS’ FEES, EXPENSES, OR LIABILITIES OF ANY TYPE OR NATURE, INCLUDING WITHOUT LIMITATION, ANY AND ALL FINES OR OTHER PENALTIES, CIVIL OR CRIMINAL, ARISING OUT OF ANY VIOLATION OF THE PERMIT OR ANY OF CONSULTANT’S OBLIGATIONS HEREIN, CAUSED IN WHOLE OR IN PART, BY THE WRONGFUL ACTS OR OMISSIONS OF CONSULTANT, OR OTHERWISE CAUSED IN WHOLE OR IN PART BY CONSULTANT’S FAILURE TO COMPLY WITH THE OBLIGATIONS IN THIS SECTION 1819. Consultant acknowledges that failure to adhere to the requirements of the SWPPP, Guidelines or Permit constitutes a material default of its contractual obligations herein, and Owner may, without prejudice to any other right or remedy, remove Consultant from the Project, terminate this Agreement, and retain a separate consultant to complete Consultant’s obligations arising under this Agreement (the “Completion Consultant”).

Appears in 2 contracts

Samples: General Agreement for Consulting Services, General Agreement for Consulting Services

Storm Water Compliance. Consultant shall comply with Owner’s Storm Water Pollution Prevention Plan (“SWPPP”), applicable storm water permit (“Permit”) and Owner’s Storm Water Compliance Guidelines (“Guidelines”). Consultant shall implement the Best Management Practices (“BMPs”), set forth in the SWPPP, for any Services that it performs on the Project. A copy of the SWPPP, Guidelines and Permit are available at the construction office. Owner shall be entitled to recover from Consultant all fines, fees, expenses and other penalties assessed by any governmental body due to Consultant’s violation of the Permit or its obligations herein. TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEYS’ FEES, EXPENSES, OR LIABILITIES OF ANY TYPE OR NATURE, INCLUDING ANY AND ALL FINES OR OTHER PENALTIES, CIVIL OR CRIMINAL, ARISING OUT OF ANY VIOLATION OF THE PERMIT OR ANY OF CONSULTANT’S OBLIGATIONS HEREIN, CAUSED IN WHOLE OR IN PART, BY THE WRONGFUL ACTS OR OMISSIONS OF CONSULTANT, OR OTHERWISE CAUSED IN WHOLE OR IN PART BY CONSULTANT’S FAILURE TO COMPLY WITH THE OBLIGATIONS IN THIS SECTION 18. Consultant acknowledges that failure to adhere to the requirements of the SWPPP, Guidelines or Permit constitutes a material default of its contractual obligations herein, and Owner may, without prejudice to any other right or remedy, remove Consultant from the Project, terminate this Agreement, and retain a separate consultant to complete Consultant’s obligations arising under this Agreement (the “Completion Consultant”).to

Appears in 2 contracts

Samples: General Agreement for Consulting Services, General Agreement for Consulting Services

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Storm Water Compliance. Consultant shall comply with Owner’s Storm Water Pollution Prevention Plan (“SWPPP”), applicable storm water permit (“Permit”) and Owner’s Storm Water Compliance Guidelines (“Guidelines”). Consultant shall implement the Best Management Practices (“BMPs”), set forth in the SWPPP, for any Services that it performs on the Project. A copy of the SWPPP, Guidelines and Permit are available at the construction office. Owner shall be entitled to recover from Consultant all fines, fees, expenses and other penalties assessed by any governmental body due to Consultant’s violation of the Permit or its obligations herein. TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEYS' FEES, EXPENSES, OR LIABILITIES OF ANY TYPE OR NATURE, INCLUDING WITHOUT LIMITATION, ANY AND ALL FINES OR OTHER PENALTIES, CIVIL OR CRIMINAL, ARISING OUT OF ANY VIOLATION OF THE PERMIT OR ANY OF CONSULTANT’S OBLIGATIONS HEREIN, CAUSED IN WHOLE OR IN PART, BY THE WRONGFUL ACTS OR OMISSIONS OF CONSULTANT, OR OTHERWISE CAUSED IN WHOLE OR IN PART BY CONSULTANT’S FAILURE TO COMPLY WITH THE OBLIGATIONS IN THIS SECTION 18SECTION. Consultant acknowledges that failure to adhere to the requirements of the SWPPP, Guidelines or Permit constitutes a material default of its contractual obligations herein, and Owner may, without prejudice to any other right or remedy, remove Consultant from the Project, terminate this Agreement, and retain a separate consultant to complete Consultant’s obligations arising under this Agreement (the “Completion Consultant”).

Appears in 1 contract

Samples: General Agreement for Consulting Services

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