Material Suitability Clause Samples

The Material Suitability clause defines the requirement that all materials used in a project or contract must be appropriate and fit for their intended purpose. In practice, this means that suppliers or contractors are responsible for ensuring that the materials they provide meet specified standards, are free from defects, and are suitable for the environmental and operational conditions of the project. This clause helps prevent disputes over material quality by clearly allocating responsibility and ensuring that only appropriate materials are used, thereby reducing the risk of project failures or costly replacements.
Material Suitability. Seller Covenants that each chemical substance constituting or contained in goods sold or otherwise transferred to Buyer is suitable for use and/or transport in any jurisdiction to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur and is listed on or in: (i) the list of chemical substances compiled and published by the Administrator of the U.S. Environmental Protection Agency pursuant to the U.S. Toxic Substances Control Act (“TSCA”) (15 U.S.C. § 2601), otherwise known as the TSCA Inventory, or exempted from such list under 40 CFR 720.30-38; (ii) the Federal Hazardous Substances Act (P.L. 92-516) as amended; (iii) the European Inventory of Existing Commercial Chemical Substances (“EINECS”) as amended; (iv) the European List of Notified Chemical Substances (“ELINCS”) and lawful standards and regulations thereunder; or (v) any equivalent or similar lists in any other jurisdiction to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur.
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Material Suitability. Seller Covenants that each chemical substance constituting or contained in goods sold or otherwise transferred to Buyer is suitable for use and/or transport in any jurisdiction to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur and is listed on or in: (i) the Domestic Substances List published by Environment Canada pursuant to the Canadian Environmental Protection Act, 1999 (1999, c.33), as amended; (ii) the list of chemical substances compiled and published by the Administrator of the U.S. Environmental Protection Agency pursuant to the U.S. Toxic Substances Control Act (“TSCA”) (15 U.S.C. § 2601), otherwise known as the TSCA Inventory, or exempted from such list under 40 CFR 720.30-38; (iii) the Federal Hazardous Substances Act (P.L. 92-516) as amended; (iv) the European Inventory of Existing Commercial Chemical Substances (“EINECS”) as amended; (v) the European List of Notified Chemical Substances (“ELINCS”) and lawful standards and regulations thereunder; or (vi) any equivalent or similar lists in any other jurisdiction to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur.
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Material Suitability. Unless otherwise defined herein, all fill material should be a non- expansive soil free of vegetation, brush, sod, trash and debris, and other deleterious substances, and should not contain rocks or lumps having a diameter of more than 4 inches. A fill material should be considered non-expansive if the swell potential of the material, when remolded to 95% of the standard ▇▇▇▇▇▇▇ (ASTM D698) maximum dry density at optimum moisture content, does not exceed 0.5% when wetted under a 200 psf surcharge pressure. If grading is performed during times of freezing weather, the fill should not contain frozen materials, and, if the subgrade is allowed to freeze, all frozen material should be removed prior to additional fill placement or footing, slab or pavement construction. Based on the data from the borings and results of the laboratory testing, the on-site soils and man-placed fill should be suitable for reuse as compacted site grading fill and as structural fill. Evaluation of potential structural fill sources, particularly those not meeting the above liquid limit and plasticity index criteria for imported fill materials, should include determination of laboratory moisture-density relationships and swell-consolidation tests on remolded samples prior to acceptance. 1. Moisture Content: Fill materials should be compacted as outlined below with moisture contents of +/- 2 percent for granular soils and between optimum and 3 percentage points above optimum moisture for clayey soils. The on-site clay soils may become somewhat unstable and deform under wheel loads if placed near the upper end of the recommended moisture range.
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Material Suitability. Seller Covenants that each chemical substance constituting or contained in goods sold or otherwise transferred to Buyer, or utilized in services to be performed at a Site (as defined herein) (i) is suitable for use and/or transport in any jurisdictions to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur and (ii) to the extent required under applicable law, is listed on or in: (A) the list of chemical substances compiled and published by the U.S. Administrator of the Environmental Protection Agency (“EPA”) pursuant to the U.S. Toxic Substances Control Act (“TSCA”) (15 U.S.C. 2601 et seq.), otherwise known as the TSCA Inventory, or exempted from such list under 40 CFR 720.30-38; (B) the Federal Hazardous Substances Act (P.L. 92-516) as amended; (C) the European Inventory of Existing Commercial Chemical Substances (“EINECS”) as amended; (D) the European List of Notified Chemical Substances (“ELINCS”) and lawful standards and regulations thereunder; (E) the Australian Inventory of Chemical Substances ("AICS") maintained under the National Industrial Chemicals Notification and Assessment Scheme ("NICNAS") unless such chemical is outside the scope of the Industrial Chemicals (Notification and Assessment) Act 1989 (Cth) or is otherwise exempt from notification as a new industrial chemical or (F) any equivalent or similar lists in any other jurisdictions to or through which Buyer informs Seller the goods will likely be shipped, or to or through which Seller otherwise has knowledge that shipment will likely occur.
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Material Suitability. The Company shall ensure Materials comply with the technical requirements and standards in force in Australia at the date of signing of the Agreement.
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Related to Material Suitability

  • MATERIAL SAFETY All manufacturers, importers, suppliers, or distributors of hazardous chemicals doing business in this State must provide a copy of the current Material Safety Data Sheet (MSDS) for any hazardous chemical to their direct purchasers of that chemical.

  • Environmental Laws and Regulations (a) Except as set forth in Section 3.8 of the Company Disclosure Schedule or as would not have, individually or in the aggregate, a Company Material Adverse Effect: (i) no notice, notification, demand, request for information, citation, summons, complaint or order has been received, no penalty has been assessed, and no investigation, action, claim, suit, proceeding or review is pending or, to the knowledge of the Company, is threatened by any Governmental Entity or other person relating to the Company or any Subsidiary of the Company or against any person or entity whose liability the Company or any of its Subsidiaries has or may have retained or assumed either contractually or by operation of law, and relating to or arising out of any Environmental Law, (ii) the Company and its Subsidiaries are, and except for matters that have been fully resolved with the applicable Governmental Entity, since January 1, 2008 have been in compliance with all Environmental Laws (which compliance includes, but is not limited to, possession of all Company Permits and compliance with the terms and conditions thereof), (iii) the Company is not obligated to conduct or pay for, and is not conducting or paying for, any response, remedial, investigatory or corrective action under any Environmental Law at any location, (iv) there has been no release of Hazardous Materials at any real property currently owned, leased or operated by the Company or any Subsidiary of the Company or, to the knowledge of the Company, formerly owned, leased or operated by the Company or any Subsidiary of the Company or at any offsite disposal location used by the Company or any Subsidiary of the Company to dispose of any Hazardous Materials in concentrations or under circumstances that would require reporting or be reasonably likely to result in investigation, remediation or other corrective or response action by the Company or any Subsidiary of the Company or, to the knowledge of Company and its Subsidiaries, by any person or entity whose liability the Company or any of its Subsidiaries has or may have retained or assumed either contractually or by operation of law, under any Environmental Law, (v) the Company is not party to any order, judgment or decree that imposes any obligations under any Environmental Law, (vi) there have been no ruptures or explosions in the Company Systems resulting in personal injury, loss of life or material property damage, except to the extent any claims related to such ruptures have been resolved and (vii) there are no defects, corrosion or other damage to any of the Company Systems that could reasonably be expected to result in a pipeline integrity failure. (b) As used in this Agreement:

  • Environmental Regulations The Contractor shall conduct activities in compliance with applicable laws and regulations and other requirements of the Contract relating to the environment and its protection at all times. Unless otherwise specifically determined, the Owner is responsible for obtaining and maintaining permits related to stormwater run-off. The Contractor shall conduct operations consistent with stormwater run-off permit conditions. Contractor is responsible for all items it brings to the Site, including hazardous materials, and all such items brought to the Site by its Subcontractors and suppliers, or by other entities subject to direction of the Contractor. The Contractor shall not incorporate hazardous materials into the Work without prior approval of Owner, and shall provide an affidavit attesting to such in association with the request for the Substantial Completion Inspection.

  • Environmental Site Assessment Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

  • Environmental Laws and Hazardous Materials The Company and its subsidiaries are in compliance with all foreign, federal, state and local rules, laws and regulations relating to the use, treatment, storage and disposal of hazardous or toxic substances or waste and protection of health and safety or the environment which are applicable to their businesses (“Environmental Laws”). There has been no storage, generation, transportation, handling, treatment, disposal, discharge, emission, or other release of any kind of toxic or other wastes or other hazardous substances by, due to, or caused by the Company or any of its subsidiaries (or, to the Company’s Knowledge, any other entity for whose acts or omissions the Company or any of its subsidiaries is or may otherwise be liable) upon any of the property now or previously owned or leased by the Company or any of its subsidiaries, or upon any other property, in violation of any law, statute, ordinance, rule, regulation, order, judgment, decree or permit or which would, under any law, statute, ordinance, rule (including rule of common law), regulation, order, judgment, decree or permit, give rise to any liability; and there has been no disposal, discharge, emission or other release of any kind onto such property or into the environment surrounding such property of any toxic or other wastes or other hazardous substances with respect to which the Company or any of its subsidiaries has knowledge.