Toxic Materials. Hastings acknowledges that the Contractor has no expertise or professional training in the treatment or removal or encapsulation of toxic materials or soils that are contaminated with toxic materials. Hastings recognizes that toxic materials may be present at the Project sites and if such are encountered, shall contract with soils and hazardous materials consultants to prepare and implement a soil management plan to deal with such materials. Contractor will comply with any and all conditions imposed by a soil management work plan, if any, as may be developed by Hastings’ hazardous materials consultant and Contractor shall modify or prepare the appropriate health and safety plan for its workers. Further, Contractor shall conform with any and all other work plans as may be required by any governmental regulations affecting the Project.
Toxic Materials. 4.4.1 Tenant's Obligations --------------------
(a) Tenant shall not cause or permit to be discharged into the plumbing or sewage system of the Building or onto the land underlying or adjacent to the Building any hazardous, toxic, or radioactive materials, including, but not limited to, those materials identified in Section .66680 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time (collectively "Toxic Materials"). Tenant shall neutralize, by filtering or otherwise, or dispose of as required or permitted by law, all Toxic Materials generated by Tenant's activities on the Premises. Tenant shall at its sole expense comply with any and all rules, regulations, codes, ordinances, statutes, and other requirements of lawful governmental authority respecting Toxic Materials, pollution, harmful chemicals and other materials in connection with Tenant's activities on or about the Premises. Tenant specifically agrees to comply with any such requirements relating to the handling, use, storage and disposal of Toxic Materials and other materials which are considered by any such governmental authorities as harmful, dangerous, toxic, flammable, or otherwise deserving of special care. Tenant shall pay the full cost of any clean-up work performed on or about the Premises as required by any such governmental authority in order to remove, neutralize or otherwise treat materials of any type whatsoever directly or indirectly placed by Tenant or its agents, employees or contractors on or about the Premises or the land under or about the Premises.
(b) Tenant shall be solely responsible for and shall indemnify, defend, and hold Landlord harmless from any and all claims, judgments, losses, demands, causes of action, proceedings, or hearings relating to the storage, placement, or use of Toxic (hereinafter collectively referred to as "Claims") by Materials Tenant, its agents, or invitees on or about the Premises, including, but not limited to, Claims resulting from the contamination of subterranean water beneath, adjoining, or in the vicinity of the Premises. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant's use, storage, and disposal of Toxic Materials; (ii) all costs of refitting or other alterations to the Premises necessitated by Tenant's use, storage, or disposal of Toxic Materials including, but not limited to, alterations required to accommodate an alternate use of the Pre...
Toxic Materials. Permittee shall store any hazardous or toxic materials that could be deleterious to aquatic life in accordance with all applicable federal, state, and local laws and ordinances.
Toxic Materials. Unless Tenant obtains prior written consent of Landlord, Tenant shall not create, generate, use, bring, allow, emit, dispose, or permit on the Leased Premises any toxic or hazardous gaseous, liquid or solid material or waste (“Toxic Material”), including without limitation, material or substance (a) having characteristics of ignitability corrosivity, reactivity, or extraction procedure toxicity, or (b) which is listed on any of the Environmental Protection Agency’s lists of hazardous wastes or as identified in the Hazardous Waste Management Regulations promulgated by the Environmental Improvement Board of the New Mexico Health and Environment Department as required under the New Mexico Hazardous Waste Act Section 74-4-1 et seq, XXXX 0000, or (c) which has been determined by New Mexico, federal or local governmental or public authority or agency to be capable of posing a risk of injury to health, safety or property. Landlord hereby acknowledges that Tenant hereunder does not intend to use Toxic Materials on the Leased Premises and therefore does not need to consent to such use of Toxic Materials in Tenants use of the Leased Premises as in a research and development laboratory. If applicable tenant will provide to Landlord a list of such Toxic Materials and their quantities. Landlord’s consent to the use of Toxic Materials by Tenant is limited to use of the Leased Premises as a research and development laboratory, and such consent shall not be construed as a waiver of the requirements to obtain the prior written consent of Landlord hereunder for any other use of the Leased Premises. Nothing contained herein shall relieve Tenant of the obligations contained in this Article nor from compliance with all applicable environmental laws. Tenant shall indemnify and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from Tenant’s activities in bringing, allowing, using, permitting, generating, creating, emitting or disposing of Toxic Materials whether or not consent to same has been granted by Landlord. Tenant’s indemnification and hold harmless obligations include, without limitation (a) claims, liability, costs or expenses resulting from or based upon administrative, judicial (civil or criminal) or other action, legal or equitable, brought by any private or public person under common law or any federal, state, county or municipal law, ordinance or regulation, (b) claims liabilities, costs or expenses pert...
Toxic Materials. PG&E and Implementer shall have no responsibility for the discovery, exposure, presence, handling, removal, or disposal of hazardous materials of any kind related to implementing the Project, including without limitation, asbestos, PCBs, or other toxic substances.
Toxic Materials. (1) Equity and LORT shall meet jointly in committee and work together (with such experts as are necessary) to identify and eliminate hazardous, toxic, or unsafe materials and procedures from the working environment.
(2) A mutually approved smoke machine and chemical substance shall be used when chemical smoke is required. Ventilation for the removal of the chemical smoke shall be provided during its use.
(3) The Theatre shall post such notices as are required by the regulations of the Occupational Safety and Health Administration.
Toxic Materials. Nothing used in the manufacture of the Products and/or Parts covered by this Agreement shall contain Polychlorinated Biphenyl (PCB) or Cadmium.
Toxic Materials. The City shall review practices and procedures for employee handling and storage of toxic materials. Any necessary safety equipment and training will be provided by the City.
Toxic Materials a. Materials necessary for the operation of a MFF unit shall be properly stored, labeled and used.
b. Poisonous or toxic materials are to be properly labeled and stored so they cannot contaminate food, equipment, utensils, and single-service and single-use articles and in accordance with Parts 7-1 and 7-2 of the Food Code.
c. Only those chemicals necessary for the food operation shall be provided.
Toxic Materials for the purposes of this Lease are defined as any hazardous, toxic, or radioactive materials, including, but not limited to those materials identified in Sections 66680 and 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time.
