After the Commencement Date. Operator shall be responsible for --------------------------- transporting and/or disposing Hazardous Materials off the Facility Site in compliance with applicable Laws and shall be responsible for all Environmental Claims directly or indirectly related to or arising out of the actual or alleged generation, use, collection, storage, recovery, removal, discharge or disposal of Hazardous Materials at the Project and/or adjacent areas other than in compliance with applicable Laws arising after the Commencement Date except to the extent that such generation, use, collection, storage, recovery or removal is due to the negligence or intentional misconduct of Owner. Subject to the provisions of Section 9.4 Operator shall defend, indemnify and hold Owner and each Owner Indemnified Party harmless against all such Environmental Claims for which Operator is responsible.
Appears in 3 contracts
Sources: Operation and Maintenance Agreement (Coso Power Developers), Operation and Maintenance Agreement (Coso Power Developers), Operation and Maintenance Agreement (Coso Power Developers)