Common use of Imminent and Substantial Endangerment Clause in Contracts

Imminent and Substantial Endangerment. a) If there is a potential for an imminent or substantial endangerment to human health or the environment or Chattanooga’s WCTS, including without limitation the potential for interference of or other harm to Chattanooga’s WCTS or with the operation of the WWTP, upon discovery or notification of such, [INSERT ENTITY NAME] shall immediately take steps to halt said discharge and mitigate the harm. Chattanooga may seek injunctive relief against [INSERT ENTITY NAME] and/or any user contributing to the emergency condition, and/or may pursue other self-help remedies. [INSERT ENTITY NAME] agrees to assist Chattanooga and to join such litigation and/or hereby assigns to [INSERT ENTITY NAME] the right to bring such action in its name and for their mutual benefit. b) In the event Chattanooga seeks injunctive relief against [INSERT ENTITY NAME] and/or any user contributing to the emergency condition, or self-help remedies, Chattanooga shall be entitled under this Agreement to recover all costs and expenses related to such action from [INSERT ENTITY NAME] and/or any user contributing to the emergency condition.