Wetlands When disposing of excess, soil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert wetlands.
Environmental Hazards (a) Except for matters described in Section 18(b), Borrower shall not cause or permit any of the following:
ENVIRONMENTAL CONCERNS In the worse case scenario, many environmental concerns must be addressed. Along with the police and fire marshal, the state environmental protection department will be on site to monitor the situation. Items to be concerned with in a large central office building could include:
Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.
Environmental Contamination Neither Party shall in any event be liable to the other Party for any costs whatsoever resulting from the presence or release of any environmental hazard such Party did not cause or contribute to causing. Each Party shall, at the other Party's request, indemnify, defend, and hold harmless the other Party, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys fees) that arise out of or from (i) any environmental hazard that such Party, its contractors or agents caused in the work locations or (ii) the presence or release of any environmental hazard for which such Party is responsible under Applicable Law. In the event both Parties contribute to such environmental hazard, they shall each proportionately bear such liability.
Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.
Wildlife The remote area in which Stoney Creek is located contains wild animals and insects, including venomous snakes, poisonous insects and plants and potentially dangerous animals. The behavior of wildlife is unpredictable. Emergency medical attention may not be available and the camper is solely responsible for having an adequate supply of medication readily available to treat any and all allergic reactions of that camper to insect bites and stings or contact with plants. Conduct of other campers, visitors and staff: Other campers, visitors and staff may misjudge conditions and capabilities and otherwise act carelessly, including violation of rules and policies. The risks described above and others may result in loss or damage to a camper’s property, personal injury and even death. The risks are inherent in the activities of the Camp and moving about its premises -- that is, without such risks, the camp experience would lose its value and appeal. Although STONEY CREEK may take precautions to reduce the risks of participating in the Program, safety – the elimination of risk - is not possible or desirable. Assumption of Risks I, an adult camper, or Parent, assume and accept all the risks and dangers of participating in the Program, whether or not described above, and including the possibility of the negligence of staff and others. If I am the Parent of a minor camper I give my child permission to participate in all activities. I have discussed the activities and risks with the minor camper who assures me that he or she understands them and wishes to participate nevertheless. Release and Indemnity: I, an adult camper or Parent of a minor camper (Parent, for myself and, to the extent allowed by the laws of the state of Texas, on behalf of the minor camper) hereby release and agree not to sue The Stoney Creek Foundation, a Texas nonprofit corporation, and its directors, officers, employees, staff and independent contractors (the "Released and Indemnified Parties) with respect to any and all claims of injury, disability, death, products liability (including strict liability), breach of contract or other loss or damage to person or property suffered by me or by the minor camper, arising in whole or part from my (or the child’s) participation in activities of the camp or otherwise being on its premises. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) the Released and Indemnified Parties from any and all such claims brought by me or by or on behalf of the minor camper, another xxxxxx, a member of my, or the minor camper’s, family, or anyone else, arising out of or in any way related to a loss suffered by me or the child, or caused by me or the child. These agreements of release and indemnity include claims of negligence, but not the gross negligence or intentionally wrongful conduct of a Released and Indemnified Party.
