TOXIC AND HAZARDOUS MATERIALS. CLIENT shall provide RK with all information within CLIENT’s possession or knowledge related to the potential or presence of toxic or hazardous materials or pollutants at the Project site. CLIENT agrees that XX neither created nor contributed to the creation or existence of any toxic or hazardous materials or pollutants. In no event shall RK be required to sign a hazardous waste manifest or take ownership of any toxic or hazardous materials or pollutants. If unanticipated toxic or hazardous materials or pollutants are encountered while RK is performing its services, RK reserves the right to stop field operations and notify CLIENT and CLIENT assumes responsibility to notify appropriate regulatory agencies. RK and CLIENT must mutually agree to remobilize.
TOXIC AND HAZARDOUS MATERIALS. (a) Tenant will not store, use, generate, manufacture, produce, release, discharge or dispose of any toxic materials or Hazardous Materials in, on, or about the Demised Premises or the Real Estate (provided that Tenant shall not be in violation of the foregoing by its use and storage of standard office products otherwise defined as hazardous, which products are used by Tenant with due care and in accordance with the instructions of the product manufacturer and otherwise in compliance with applicable law, in the reasonable and prudent conduct of Tenant's business). Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties (as defined in Section 15.01(a) of this Lease) from and against all claims, judgments, actions, costs, penalties, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with Tenant's (and its agents') storage, use and disposal of toxic materials and Hazardous Materials. Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Demised Premises and any other property of whatever nature located on the Real Estate to the condition existing prior to such storage, use, generation, manufacture, production, release, discharge or disposal of toxic materials or Hazardous Materials. Tenant's obligations under this Section will survive the termination of this Lease.
(b) For purposes of this Lease, the term "Hazardous Materials" includes without limitation: (a) those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "solid waste" or similar terms in any Environmental Law; (b) petroleum products and petroleum byproducts; (c) polychlorinated biphenyls; and (d) chlorinated solvents. The term "Environmental Law" includes any federal, state, municipal or local law, statute, ordinance, regulation, order, rule or requirement (in each case as may be amended from time to time) pertaining to health, industrial hygiene, environmental conditions (including, without limitation, air, ground, water pollution and protection and/or preservation of the environment), or hazardous materials or substances.
TOXIC AND HAZARDOUS MATERIALS. 10.4.1 It is further agreed that the District will indemnify and hold harmless the Construction Manager and its consultants, agents, and employees from and against all claims, damages, losses, and expenses, direct and indirect, or consequential damages, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from toxic or hazardous waste, asbestos, mold, or the encapsulation or removal of asbestos or toxic or hazardous waste, including, without limitation, claims asserted by any person alleging injury or damage from exposure to hazardous or toxic waste, asbestos, mold, polychlorinated biphenyl (PCB), or other hazardous or toxic substances currently located in or about a Project.
10.4.2 The above indemnification provision extends, without limitation, to claims against the Construction Manager which arise out of, are related to, or are based upon, the dispersal, discharge, escape, release, or saturation, all from a Project, of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or watercourses, (c) objects, or (d) any tangible or intangible matter, whether sudden or not.
TOXIC AND HAZARDOUS MATERIALS. 10.5.1 It is further agreed that the Owner shall indemnify and hold harmless the Program Manager and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from (a) the performance of the Services by Program Manager, or (b) claims against the Program Manager, in either case arising from the work of others, related to toxic or hazardous waste, asbestos, or the encapsulation or removal of asbestos or toxic or hazardous waste, including, without limitation, claims asserted by any person alleging injury or damage from exposure to hazardous or toxic waste, asbestos, polychlorinated biphenyl (PCB), or other hazardous or toxic substances located in or about any of the Projects or adjacent properties.
10.5.2 The above indemnification provision extends, without limitation, to claims against the Program Manager which arise out of, are related to, or are based upon, the dispersal, -discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) waste or watercourses, (c) object, or (d) any tangible or intangible matter, whether sudden or not.
TOXIC AND HAZARDOUS MATERIALS. The SUBCONTRACTOR and its contractors shall prohibit the storage and disposal of non-defense toxic and hazardous materials on the Facilities for non-DOD production unless otherwise exempted by the Secretary of the Army pursuant to 10 USC ss. 2692. Toxic or hazardous materials, regardless of ownership, brought onto the Facilities that will be consumed or incorporated into products within a reasonable time frame, and removed from the Facilities upon completion of the manufacturing process, are not considered to have been "stored" for purposes of the above cited statue. The SUBCONTRACTOR and its contractors shall dispose of excess hazardous and toxic material or waste generated by the SUBCONTRACTOR or its contractors on the Facilities in accordance with applicable environmental laws and regulations, but in no event shall storage of such materials or waste be permitted after expiration or termination of this Agreement without written approval by the Contractor. Notwithstanding anything in the foregoing to the contrary, SUBCONTRACTOR shall be permitted to use limited quantities of hazardous material at the Facilities as described and approved in the Permitted Use. BASIC ORDER AGREEMENT 04T002
TOXIC AND HAZARDOUS MATERIALS. Lessor warrants and represents that, to the best of its knowledge, at the Commencement Data the Leased Premises comply with all app1xxxx0x xxxxxx0 xxx state 1aws, requirements, rules and orders re1ating to health, safety, environmental protection, storage, discharge, waste disposa1, and water and air quality, and that there has been no unlawful discharge, leakage, spillage commission or pollution of any hazardous or toxic materials or substances on the Leased Premises. Lessee agrees to use its best efforts to avoid any unlawful discharge, treatment process, work leakage, spillage commission or pollution of any hazardous toxic or noxious materials or substances on the Leased Premises during the Lease Term or any extensions thereof. Lessee agrees to indemnify and hold harmless Lessor from and against and to reimburse Lessor with respect to any and all claims demands, fees, fines, penalties, settlement, judgments, obligations, suits, losses, liabilities, damages, injuries, costs or expenses arising from or on account of Lessee's unlawful discharge, treatment process, work, leakage, spillage, commission or pollution of any hazardous, toxic or noxious materials or substances on the Leased Premises. The representations and warranties set forth in this paragraph 26 shal1 be deemed to be relied upon as being true and correct as of the date or the execution and delivery of this Lease, regardless of any investigation. The representations and warranties set forth in this paragraph 26 shall be deemed to be relied upon as being true and correct as of the date of any extension of this Lease. 33 * Exhibit D is a list of changes to be made at no cost to Lessee and is attached hereto and made a part hereof. Lessor agrees to indemnify and hold Lessee and the premises free and harmless from and against and to reimburse Lessee with respect to any and all claims, demands, fees, fines, penalties, settlement, judgments, obligations, suits, losses, liabilities, damages, injuries, costs or expenses (including costs of investigation, settlement and defenses of such claims, plus interest, penalties and attorneys' fees) arising from or on account of the inaccuracy or breach of any of Lessor's representatives or warranties contained in this Lease.
