SUBSTANCES NO LONGER IN USE Sample Clauses

SUBSTANCES NO LONGER IN USE. If and to the extent the Environmental Pollution is caused by substances which on or after the Closing Date are not used by Vintron and unless the Environmental Pollution is caused after the Closing Date, the Seller shall indemnify and hold harmless Vintron for any Environmental Liabilities which become due (i) in the period from the Closing Date through 31 December 2009 by 100%, (ii) in the period from 1 January 2010 through 31 December 2010 by 80%, (iii) in the period from 1 January 2011 through 31 December 2011 by 60%, (iv) in the period from 1 January 2012 through 31 December 2012 by 40%, and (v) in the period from 1 January 2013 through 31 December 2013 by 20%. Any Environmental Liabilities which become due after 31 December 2013 shall be assumed by Vintron or the Buyer, and Vintron and the Buyer shall indemnify and hold harmless the Seller from any such Environmental Liabilities, and any Environmental Liabilities not to be borne by the Seller pursuant to the sliding scale set forth above, asserted against them. For the purpose of allocating the Environmental Liabilities to the respective time periods set forth in the above sliding scale any Environmental Liabilities become due - in case of Environmental Liabilities in the meaning of Section 10.1 paragraph 2 (i) and (ii) at the time when the Buyer has notified the Seller in writing and in substantiated form of the nature and scope of the respective Environmental Pollution, provided, however, that the administrative act ("Verwaltungsakt") is issued within (8) eight months (taking into account any possible negotiation period under the next recital) following such notification, and provided further that the Buyer and Vintron have fully complied with their obligations pursuant to (i) (Further Condition) (iv) below, otherwise at the time when the administrative act ["Verwaltungsakt"] is issued; - in case of Environmental Liabilities in the meaning of Section 10.1 paragraph 2 (iii) at the time when the Buyer has notified the Seller in writing and in substantiated form of the nature and scope of the respective Environmental Pollution, provided, however, that any agreement between Buyer and Seller on an indemnification is achieved within (4) four months following such notification; - in case of Environmental Liabilities in the meaning of Section 10.1 paragraph 2 (iv) at the time when the Buyer has notified the Seller in writing and in substantiated form of the nature and scope of the respective Environmental ...
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Related to SUBSTANCES NO LONGER IN USE

  • TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide such Authorized User with not less than two copies of a material safety data sheet, which sheet shall include for each such substance the information outlined in Section 876 of the Labor Law. Before any chemical product is used or applied on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Authorized User agency representative.

  • Controlled Substances The use or possession of any controlled substance will result in immediate cancellation of the use agreement.

  • Hazardous Waste Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.

  • Hazardous Wastes In the event that the Mortgaged Property, related to a Mortgage Loan which is being considered for liquidation by foreclosure or the transfer of a deed-in-lieu of foreclosure, contains, and the Servicer has reason to believe that it contains, hazardous or regulated substances which may impose liability, for damages, remediation or otherwise, upon the owner of such Mortgaged Property pursuant to Federal, State or local law, the Servicer shall not, except with the express prior written approval of the Master Servicer, which approval makes specific reference to the presence of such hazardous or regulated substances, undertake or continue the process of foreclosure with respect to such Mortgaged Property.

  • 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.

  • Controlled Substance Bodily injury" or "property damage" arising out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but are not limited to cocaine, LSD, marijuana and all nar- cotic drugs. However, this exclusion does not apply to the legitimate use of prescription drugs by a person following the orders of a licensed physician. Exclusions A. Motor Vehicle Liability", B. "Water- craft Liability", C. "Aircraft Liability", D. "Hovercraft Liability" and E.4. "Insured's" Premises Not An "In- sured Location" do not apply to "bodily injury" to a "residence employee" arising out of and in the course of the "residence employee's" employment by an "insured".

  • Violence in the Workplace (a) The parties agree that violence shall be defined as any incident in which an employee is abused, threatened or assaulted while performing his or her work. The parties agree it includes the application of force, threats with or without weapons and severe verbal abuse. The parties agree that such incidents will not be condoned. Any employee who believes he/she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. For purposes of sub-article (a) only, employees as referred to herein shall mean all employees of the Employer notwithstanding Article 2.12. (b) The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to employees who have faced workplace violence. These policies and procedures shall be communicated to all employees. The local parties will consider appropriate measures and procedures in consultation with the Joint Health and Safety Committee to address violence in the workplace, which may include, among other measures and procedures: i) Alert employees about a person with a known history of aggressive and responsive behaviours and their known triggers by means of: A) electronic and/or other appropriate flagging systems, B) direct verbal communication / alerts (i.e. shift reports), ii) Communicate and provide appropriate training and education, iii) Reporting all incidents of workplace violence, iv) Long-term care home wide violence risk assessments. (c) The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review. (d) The Employer agrees to provide training and information on the prevention of violence to all employees who come into contact with potentially aggressive persons. This training will be done during a new employee’s orientation and updated as required. (e) Subject to appropriate legislation, and with the employee’s consent, the Employer will inform the Union within three (3) days of any employee who has been subjected to violence while performing his/her work. Such information shall be submitted in writing to the Union as soon as practicable.

  • Chemical Substances Supplier warrants that: (i) each chemical substance contained in Products is on the inventory of chemical substances compiled and published by the Environmental Protection Agency pursuant to the Toxic Substances Control Act and (ii) all Material Safety Data Sheets required to be provided by Supplier for Products shall be provided to DXC prior to shipment of the Products and shall be complete and accurate.

  • Central Committee on Violence in the Workplace The Central parties agree to create a Central Committee to review and develop best practice recommendations related to Violence in the Workplace. The Committee will take into consideration recent provincial reports related to violence in the workplace issues. The best practice recommendations will be distributed to the Joint Health and Safety Committees at each individual Home to be recommended for implementation. The best practice recommendations will include but will not be limited to: Review/modify: the processes, procedures, measures and follow through on:

  • Definition of Hazardous Materials For purposes of this Lease, the term “Hazardous Material” or “Hazardous Materials” shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County acting in its governmental capacity, the State of California or the United States government.

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