Toxic or Hazardous Substances. If Goods contain hazardous or toxic substances, Supplier warrants: (a) Globally Harmonized System compliant Safety Data Sheets (“SDS”) will be promptly provided to Isola; (b) if Goods are being shipped to the U.S., but manufactured outside the U.S., Supplier will provide Goods to Isola through a U.S. subsidiary of the foreign manufacturer along with SDSs that are accurately and professionally translated into English and identify in section 1 the name, address, business and emergency telephone numbers for the U.S. subsidiary; (c) no Class I or Class II Ozone Depleting Substances, polychlorinated or polybrominated biphenyl or phenyl ethers, dioxins or their analogs, or asbestos containing material are supplied to Isola; (d) Supplier will notify Isola of applicable Significant New Use Rule restrictions under the Toxic Substances Control Act Inventory (“TSCA”), if any; (e) upon Isola’s request, Supplier will give Isola prompt written certification of TSCA compliance; (f) Goods and packaging materials conform to applicable hazardous substances restrictions, including the European Union’s packaging and packaging waste directive, RoHS Directive, WEEE Directive, REACH Directive, EuP Directive, and People’s Republic of China’s Management Methods for Controlling Pollution for Electronic Information Products; (g) wood packaging material coming into the U.S. is treated to kills pests and marked in accordance with the U.S. Department of Agriculture regulations. Further, Supplier will use commercially reasonable efforts to avoid use, in or during the production of Goods, of conflict minerals as defined in the U.S. Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, originating from mines or smelters not certified to be DRC Conflict Free through the Conflict Free Sourcing Initiative developed by EICC/GeSI or other independent third-party audit program approved in writing by Isola. Supplier will, upon Isola’s request, provide information on the use and sourcing of conflict minerals in Goods and the upstream supply chain of Goods in the format requested by Isola.
Toxic or Hazardous Substances or Materials means any solid, liquid, gaseous, thermal or electromagnetic irritant or contaminant and includes, without limitation, pollutants, moulds, asbestos, asbestos products, polychlorinated biphenyl (PCB), fungus/fungi, mildew(s), mushroom(s), yeast(s), bio-contaminants, biohazards and nuclear, and hazardous and special wastes whether or not defined in any federal, provincial or municipal laws, statutes or regulations.
Toxic or Hazardous Substances. Tenant shall not use, store or permit toxic waste or other toxic or hazardous substances or material on the Premises during the term of this Lease, without the prior written consent of Landlord. In the event Tenant desires to use or store toxic or hazardous substances on the Premises (including but not limited to petroleum based fuels), Tenant shall request such use in an application to Landlord which shall explain in detail the types of chemicals/substances which Tenant desires to use, the proposed location and manner of storage of same and the manner of disposition of such chemicals/substances or by-products or remains thereof. Tenant shall deliver to Landlord copies of all studies, reports and other information submitted by Tenant to any governmental entity or agency regulating the use of such substances and materials, concurrently with the delivery of same to such governmental agency or entity. In no event shall Tenant store any chemicals/substances in underground tanks. The proposed use of such chemicals/substances shall label as to the chemicals/substances located within the Premises. In the event that any such wastes, substances or materials are hereinafter found on, under or about the Premises except as expressly allowed by Landlord, Tenant shall take all necessary and appropriate actions and shall spend all necessary sums to cause the same to be cleaned up and immediately removed from the Premises, and Landlord shall in no event be liable or responsible for any costs or expenses incurred in so doing. Tenant shall at all times observe and satisfy the requirements of, and maintain the Premises in compliance with, all federal, state and local environmental protection, occupational, health and safety and similar laws, ordinances, restrictions, licenses and regulations, including but not limited to, the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.). Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Safe Drinking Water Act (42 U.S.C. Section 3000 (f) et seq.), Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.), Clean Air Act (42 U.S.C. Section 7401 et seq.), Comprehensive Environmental Response of Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), California Health and Safety Code (Section 25100 et seq., Section 39000 et seq.), California Water Code (Section 13000 et seq.). Should Tenant at any time receive any notice of violation of any laws, including those aforementioned, or be gi...
Toxic or Hazardous Substances. In this clause (without prejudice to any other clauses) "dangers" means toxic or hazardous substances, constituents and conditions, which present an actual or potential danger to human health, safety or the environment. The Client warrants that it has notified the Consultant of any known or suspected dangers when requesting the Proposal. The Client shall notify the Consultant and others of any other dangers as soon as the Client becomes aware of them. As between the Parties, the Consultant shall not be responsible for reporting any dangers to any government, any other duly constituted statutory authority, or the owner or occupier of any adjacent or affected lands. The Client shall indemnify and hold harmless the Consultant from and against all consequences of encountering dangers, even to the extent of the Consultant's negligence. This indemnity shall extend to cover all claims by all persons alleging personal injury death or damage to property as a result of exposure to or release of any dangers.
Toxic or Hazardous Substances. That to the best of Tetlin’s knowledge, information and belief, there are (i) other than the native mineralization, no toxic or hazardous substances on or in the Land; (ii) no discharges of toxic or hazardous substances on or in the Land; (iii) no investigations or proceedings by any federal, state or local government or agency thereof that might lead to the listing of any lands comprising the Land under any law or regulation dealing with the control of toxic hazardous materials; and (iv) no other investigations or proceedings by any federal, state or local government or agency thereof that might lead to the listing of any lands comprising the Land under any law or regulation dealing with the cleanup or remediation of the environment or for damage to the natural resources.
Toxic or Hazardous Substances. The Tenant at present agrees to neither store, spill or bring onto the premises any material which is considered a hazardous substance as defined by the Industrial Site Recovery Act, N.J.
Toxic or Hazardous Substances. Except as disclosed on Exhibit 2.20 ----------------------------- ------------ attached hereto, Seller has not directly or indirectly used, stored, generated, treated, buried, dumped, disposed of or transported any toxic or hazardous substances on, to or from any real property owned or leased by Seller. To the best knowledge and belief of Seller, (a) all real property owned or leased by Seller or used in connection with its business has not been, and is not now, listed on the Environmental Protection Agency's list of violating facilities established pursuant to the Clean Water Act or the National Priorities List established pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), (b) there are no orders, judgments, claims, suits, actions or proceedings including, but not limited to, governmental investigations or requests for information, that could have an adverse effect upon the assets or business of Seller, and (c) there are no underground storage tanks, contaminated soil, asbestos or other toxic or hazardous substances on the real property owned or leased by Seller.
Toxic or Hazardous Substances. In addition to the warranties and obligations of Seller set forth herein, if goods contain hazardous or toxic substances, Seller shall ensure all rules and regulations concerning such material under applicable state and federal law, including but not limited to its bills of lading, packaging, transport, and other duties and obligations shall be performed by Seller, and any associated Safety Data Sheets (“SDS”) will be promptly provided to Purchaser upon delivery.
Toxic or Hazardous Substances. 16.2.1 Prior to commencement of the Work, the Municipality shall:
(a) take reasonable steps to determine whether any Toxic or Hazardous Substances are present at the Project Site; and
(b) provide the Contractor with a written list of such Toxic or Hazardous Substances known by the Municipality to be present on the Project Site.
16.2.2 The Municipality shall take reasonable steps to protect persons on the Project Site from suffering injury, sickness or death, and property from being damaged or destroyed as a result of exposure to, or the presence of, Toxic or Hazardous Substances which were at the Project Site prior to the commencement of the Work.
16.2.3 Unless otherwise directed by Notice by the Municipality, the Contractor shall take, or cause to be taken, the necessary actions to dispose of, store or otherwise render harmless, Toxic or Hazardous Substances which are identified by the Municipality as being present at the Project Site prior to the commencement of the Work. The Contract Time and Contract Price sh ll be adjusted as provided in GC 7 CHANGES AND CONCEALED OR UNKNOWN CONDITIONS to the extent that such actions are not already required pursuant to this Agreement.
16.2.4 If the Contractor:
(a) encounters Toxic or Hazardous Substances at the ct Site; or
(b) has reasonable grounds to believe that Toxic or Hazardous Substances are present at the Project Site, which were not disclosed by the Municipality as required under GC 16.2.1, SA then the Contractor and the Subcontractors shall take the necessary actions, including stopping the Work, to ensure that no Person suffers in ury, sickness, or death and that no property is damaged or destroyed as a result of exposure to, or the presence of, the Toxic or Hazardous Substances, and shall immediately provide Notice of the circumstances to the Municipality and the Prime Consultant.
16.2.5 If the Contractor is delayed in performing the Work, or incurs additional costs as a result of taking steps required under GC 16.2.4, the Contract Time and the Contract Price shall be adjusted in accordance with GC 7 CHANGES AND CONCEALED OR UNKNOWN CONDITIONS, to the extent that costs are not recoverable from the insurance required to be placed and maintained pursuant to GC 11.1.
16.2.6 Unless otherwise specified in the Scope of Work Documents or a Notice issued by or on behalf of the Municipality, the Work shall not include and the Contractor shall not permit the use or placement of any Toxic or Hazardous Substances, ot...
Toxic or Hazardous Substances. 40.01 Tenant represents, warrants and covenants that Tenant will not bring onto or use Hazardous Materials (as defined below) on, from or affecting the Premises in any manner which violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials.
40.02 Tenant shall keep the Premises, or cause the Premises to be kept, free of Hazardous Materials.
40.03 Without limitation to the foregoing, Tenant shall neither cause nor permit:
a. the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable federal, state and local laws or regulations; or
b. a release of Hazardous Materials onto the Premises or any other property as a result of any intentional or unintentional act or omission on the part of Tenant.
40.04 Tenant shall comply with all applicable federal, state and local laws, ordinances, rules and regulations related to Hazardous Materials, whenever and by whomever enacted or made effective. Tenant shall obtain and comply with all approvals, registrations or permits required under such laws, ordinances, rules and regulations.
40.05 Tenant shall conduct and complete all investigations, studies, sampling and testing, and all remedial, removal and other actions on, from or affecting the Premises in accordance with a. all applicable federal, state and local laws, ordinances, rules, regulations and policies; and b. the orders and directives of all federal, state and local government authorities.
40.06 Tenant shall defend, indemnify and hold harmless Landlord, and Landlord's employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of any kind or nature, known or unknown, contingent or otherwise (including without limitation, accountants' and attorneys' fees at both the trial and appellate levels, consultant fees, investigation and laboratory fees, court costs and litigation expenses), arising out of, or in any way related to:
a. the presence, disposal, release or threatened release of any Hazardous Materials which are on, from or affecting the soil, surface waters, subsurface ground waters, water vegetation, buildings, personal property, persons, animals or otherwise;
b. any personal injury, inc...
