Common use of Environmental Responsibility Clause in Contracts

Environmental Responsibility. 44.1 GTE and Mountaineer agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer potential employee exposure. 44.2 GTE and Mountaineer shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer are owned by Mountaineer. Mountaineer will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When Third Party Contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer must also notify GTE of Third Party Contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer must develop a cost sharing procedure. 44.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Mountaineer shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer QTC agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer QTC potential employee exposure. 44.2 GTE and Mountaineer QTC shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer QTC to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer QTC are owned by MountaineerQTC. Mountaineer QTC will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer QTC must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When Third Party Contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer QTC must also notify GTE of Third Party Contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 25 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer QTC should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer QTC must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer QTC visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer QTC shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer QTC must develop a cost sharing procedure. 44.9 Notwithstanding Section 2324, with respect to environmental responsibility under this Section 44, GTE and Mountaineer QTC shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 42.1 GTE and Mountaineer Horizon agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility Parties’ facility or involving Mountaineer potential employee exposure. 44.2 42.2 GTE and Mountaineer Horizon shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facilityfacility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 42.3 GTE will make available additional environmental control or safety procedures for Mountaineer Horizon to review and follow when working at a GTE Facilityfacility. Providing these procedures, beyond government regulatory Compliance compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 42.4 Any materials brought, used or remaining at the Facility facility by Mountaineer Horizon are owned by MountaineerHorizon. Mountaineer Horizon will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facilityfacility. Mountaineer Horizon must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facilityfacility. 44.5 42.5 When Third Party Contamination third party contamination is discovered at a GTE Facilityfacility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer Horizon must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 42.6 Horizon should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer Horizon must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 42.7 Horizon visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 42.8 GTE and Mountaineer Horizon shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer Horizon must develop a cost sharing procedure. 44.9 42.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 4422, GTE and Mountaineer Horizon shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facilityfacility. 44.10 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer ACI agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer ACI potential employee exposure. 44.2 GTE and Mountaineer ACI shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer ACI to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer ACI are owned by MountaineerACI. Mountaineer ACI will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer ACI must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When Third Party Contamination contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer ACI must also notify GTE of Third Party Contamination contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section Sections 24 and Section 44.9 of this Article IIIhereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer ACI should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer ACI must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer ACI visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer ACI shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer ACI must develop a cost sharing procedure. 44.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Mountaineer ACI shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party Third Party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 41.1 GTE and Mountaineer Hyperion agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility facility or involving Mountaineer Hyperion potential employee exposure. 44.2 41.2 GTE and Mountaineer Hyperion shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facilityfacility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 41.3 GTE will make available additional environmental control or safety procedures for Mountaineer Hyperion to review and follow when working at a GTE Facilityfacility. Providing these procedures, beyond government regulatory Compliance compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 41.4 Any materials brought, used or remaining at the Facility facility by Mountaineer Hyperion are owned by MountaineerHyperion. Mountaineer Hyperion will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facilityfacility. Mountaineer Hyperion must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facilityfacility. 44.5 41.5 When Third Party Contamination third party contamination is discovered at a GTE Facilityfacility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer Hyperion must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 41.6 Hyperion should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer Hyperion must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 41.7 Hyperion visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 41.8 GTE and Mountaineer Hyperion shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer Hyperion must develop a cost sharing procedure. 44.9 41.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44section 41, GTE and Mountaineer Hyperion shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Partyparty’s negligent negligence or willful wilful misconduct regardless of formform of pleading, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's negligent or willful acts or omissions concerning its operations at the Facilityfacility. 44.10 41.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer Tallgrass agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer Tallgrass potential employee exposure. 44.2 GTE and Mountaineer Tallgrass shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer Tallgrass to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer Tallgrass are owned by MountaineerTallgrass. Mountaineer Tallgrass will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer Tallgrass must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When Third Party Contamination contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer Tallgrass must also notify GTE of Third Party Contamination contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer Tallgrass should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer Tallgrass must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer Tallgrass visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer Tallgrass shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer Tallgrass must develop a cost sharing procedure. 44.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Mountaineer Tallgrass shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party Third Party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s ? s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer ▇▇▇ agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 19701970 ("EH&S Laws"). Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer ▇▇▇ potential employee exposure. 44.2 GTE and Mountaineer ▇▇▇ shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer ▇▇▇ to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer ▇▇▇ are owned by Mountaineer▇▇▇. Mountaineer ▇▇▇ will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer ▇▇▇ must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When If Third Party Contamination contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authorityauthorities, if to the extent required under EH&S laws. ▇▇▇ will consult with GTE prior to making the notification, unless the time required for prior consultation would preclude ▇▇▇ from complying with the applicable laws or regulationsreporting requirement. Mountaineer ▇▇▇ must also notify GTE of Third Party Contamination contamination it discovers at GTE facilities. The cost ▇▇▇. 44.6 ▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer should obtain and use its own environmental permits, if necessaryapprovals, or identification numbers, to the extent such permits, approvals, or identification numbers are required under applicable EH&S Laws. If the relevant regulatory authority refuses to issue a separate permit, approval, or identification number to ▇▇▇, then GTE's permit permit, approval, or EPA identification number must may be used, Mountaineer and ▇▇▇ must comply with all of GTE's environmental processes practices/procedures relating to the activity in question, including use of environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sitessites in accordance with GTE's selection criteria. 44.7 Mountaineer ▇▇▇ visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer ▇▇▇ shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer ▇▇▇ must develop a cost sharing procedure. 44.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Mountaineer ▇▇▇ shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party Third Party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer ALLENDALE agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer ALLENDALE potential employee exposure. 44.2 GTE and Mountaineer ALLENDALE shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer ALLENDALE to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer ALLENDALE are owned by MountaineerALLENDALE. Mountaineer ALLENDALE will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer ALLENDALE must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When Third Party Contamination contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer ALLENDALE must also notify GTE of Third Party Contamination contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section Sections 24 and Section 44.9 of this Article IIIhereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer ALLENDALE should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer ALLENDALE must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer ALLENDALE visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer ALLENDALE shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer ALLENDALE must develop a cost sharing procedure. 44.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Mountaineer ALLENDALE shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party Third Party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 42.1 GTE and Mountaineer Bluegrass agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Parties’ Facility or involving Mountaineer potential employee exposure. 44.2 42.2 GTE and Mountaineer Bluegrass shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 42.3 GTE will make available additional environmental control or safety procedures for Mountaineer Bluegrass to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 42.4 Any materials brought, used or remaining at the Facility by Mountaineer Bluegrass are owned by MountaineerBluegrass. Mountaineer Bluegrass will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer Bluegrass must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 42.5 When Third Party Contamination third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer Bluegrass must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 Sections 22 and Section 44.9 of this Article III42.9 hereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 42.6 Bluegrass should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer Bluegrass must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 42.7 Bluegrass visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 42.8 GTE and Mountaineer Bluegrass shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer Bluegrass must develop a cost sharing procedure. 44.9 42.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 4422, GTE and Mountaineer Bluegrass shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Bluegrass shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 42.1 GTE and Mountaineer Wireless 2000 agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Parties’ Facility or involving Mountaineer potential employee exposure. 44.2 42.2 GTE and Mountaineer Wireless 2000 shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 42.3 GTE will make available additional environmental control or safety procedures for Mountaineer Wireless 2000 to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 42.4 Any materials brought, used or remaining at the Facility by Mountaineer Wireless 2000 are owned by MountaineerWireless 2000. Mountaineer Wireless 2000 will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer Wireless 2000 must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 42.5 When Third Party Contamination third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer Wireless 2000 must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 Sections 22 and Section 44.9 of this Article III42.9 hereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 42.6 Wireless 2000 should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer Wireless 2000 must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 42.7 Wireless 2000 visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 42.8 GTE and Mountaineer Wireless 2000 shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer Wireless 2000 must develop a cost sharing procedure. 44.9 42.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 4422, GTE and Mountaineer Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Wireless 2000 shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 42.1 GTE and Mountaineer 360° agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Parties’ Facility or involving Mountaineer potential employee exposure. 44.2 42.2 GTE and Mountaineer 360° shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 42.3 GTE will make available additional environmental control or safety procedures for Mountaineer 360° to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 42.4 Any materials brought, used or remaining at the Facility by Mountaineer 360° are owned by Mountaineer360°. Mountaineer 360° will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer 360° must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 42.5 When Third Party Contamination third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer 360° must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 Sections 22 and Section 44.9 of this Article III42.9 hereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 42.6 360° should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer 360° must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 42.7 360° visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 42.8 GTE and Mountaineer 360° shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer 360° must develop a cost sharing procedure. 44.9 42.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 4422, GTE and Mountaineer 360° shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and 360° shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer KCC agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and an OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility or involving Mountaineer KCC potential employee exposure. 44.2 GTE and Mountaineer KCC shall provide notice of known and recognized physical hazards or hazardous hazardou chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 GTE will make available additional environmental control or safety procedures for Mountaineer KCC to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 Any materials brought, used or remaining at the Facility by Mountaineer KCC are owned by MountaineerKCC. Mountaineer KCC will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer KCC must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 When Third Party Contamination contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer KCC must also notify GTE of Third Party Contamination contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section Sections 24 and Section 44.9 of this Article IIIhereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer KCC should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer KCC must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer KCC visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 GTE and Mountaineer KCC shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer KCC must develop a cost sharing procedure. 44.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 44, GTE and Mountaineer KCC shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-party Third Party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 42.1 GTE and Mountaineer Appalachian agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Parties’ Facility or involving Mountaineer potential employee exposure. 44.2 42.2 GTE and Mountaineer Appalachian shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 42.3 GTE will make available additional environmental control or safety procedures for Mountaineer Appalachian to review and follow when working at a GTE Facility. Providing these procedures, beyond government regulatory Compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 42.4 Any materials brought, used or remaining at the Facility by Mountaineer Appalachian are owned by MountaineerAppalachian. Mountaineer Appalachian will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facility. Mountaineer Appalachian must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facility. 44.5 42.5 When Third Party Contamination third party contamination is discovered at a GTE Facility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer Appalachian must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 Sections 22 and Section 44.9 of this Article III42.9 hereunder, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 42.6 Appalachian should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer Appalachian must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 42.7 Appalachian visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 42.8 GTE and Mountaineer Appalachian shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer Appalachian must develop a cost sharing procedure. 44.9 42.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 4422, GTE and Mountaineer Appalachian shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses or in connection with the violation or alleged violation of any applicable requirement or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. Notwithstanding Section 21, with respect to environmental responsibility under this Section 42, GTE and Appalachian shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s 's negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facility. 44.10 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).

Environmental Responsibility. 44.1 GTE and Mountaineer 42.1 The Parties agree to comply with applicable federal, state and local environmental and safety laws and regulations including U.S. Environmental Protection Agency (EPA) regulations issued under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments an and Reauthorization Act and the Toxic Substances Control Act and OSHA regulations issued under the Occupational Safety and Health Act of 1970. Each Party has the responsibility to notify the other if Compliance compliance inspections occur and/or citations are issued that impact any aspect of this Agreement such as occurring on a LEC Facility facility or involving Mountaineer **ILEC potential employee exposure. 44.2 GTE and Mountaineer 42.2 The Parties shall provide notice of known and recognized physical hazards or hazardous chemicals that must include providing Material Safety Data Sheets (MSDSs) for materials existing on site or brought on site to the Facilityfacility. Each Party is required to provide specific notice for potential imminent danger conditions which could include, but is not limited to, a defective utility pole or significant petroleum contamination in a manhole. 44.3 42.3 GTE will make available additional environmental control or safety procedures for Mountaineer **ILEC to review and follow when working at a GTE Facilityfacility. Providing these procedures, beyond government regulatory Compliance compliance requirements, is the decision of GTE. These practices/procedures will represent the regular work practices required to be followed by the employees and contractors of GTE for safety and environmental protection. 44.4 42.4 Any materials brought, used or remaining at the Facility facility by Mountaineer **ILEC are owned by Mountaineer**ILEC. Mountaineer **ILEC will indemnify GTE for these materials. No substantial new safety or environmental hazards can be created or new hazardous materials can be used at a GTE Facilityfacility. Mountaineer **ILEC must demonstrate adequate emergency response capabilities for its materials used or remaining at the GTE Facilityfacility. 44.5 42.5 When Third Party Contamination third party contamination is discovered at a GTE Facilityfacility, the Party uncovering the condition must notify the proper safety or environmental authority, if required under applicable laws or regulations. Mountaineer **ILEC must also notify GTE of Third Party Contamination third party contamination it discovers at GTE facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the generator, as owner or operator, of any waste materials such as petroleum contaminated water, sewage or manhole sediment. Notwithstanding Section 24 and Section 44.9 of this Article III, the cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder. 44.6 Mountaineer 42.6 ILEC should obtain and use its own environmental permits, if necessary. If GTE's permit or EPA identification number must be used, Mountaineer **ILEC must comply with all of GTE's environmental processes including environmental "best management practices (BMP)" and/or selection of disposition vendors and disposal sites. 44.7 Mountaineer 42.7 ILEC visitors must comply with GTE security, fire safety, safety, environmental and building practices/codes including equivalent employee training when working in GTE facilities. 44.8 42.8 GTE and Mountaineer **ILEC shall coordinate plans or information required to be submitted to government agencies, such as emergency response plans and community reporting. If fees are associated with filing, GTE and Mountaineer **ILEC must develop a cost sharing procedure. 44.9 42.9 Notwithstanding Section 23, with respect to environmental responsibility under this Section 4421, GTE and Mountaineer **ILEC shall indemnify, defend and hold harmless the other party from and against any claims (including, without limitation, third-third party claims for personal injury or real or personal property damage), judgments, damages (including direct and indirect damage, and punitive damages), penalties, fines, forfeitures, cost, liabilities, interest and losses proximately caused by the indemnifying Party’s negligent or willful misconduct regardless of form, or in connection with the violation or alleged violation of any applicable requirement with respect to or the presence or alleged presence of contamination arising out of the indemnifying party's acts or omissions concerning its operations at the Facilityfacility. 44.10 42.10 Activities impacting safety or the environment of a Right of Way must be harmonized with the specific agreement and the relationship between GTE and the private land owner. This could include limitations on equipment access due to environmental conditions (e.g., wetland area with equipment restrictions).