HEALTH, SAFETY AND ENVIRONMENT (a) Purchaser shall be obligated to maintain safe working conditions at its facility or location (the “Site”), including the implementing of appropriate procedures regarding hazardous material, confined space entry, and energization and de-energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock- out/tag-out (“LOTO”) procedures including physical LOTO or a mutually agreed upon alternative method. (b) Purchaser shall immediately advise B&R in writing of all applicable Site-specific health, safety, security and environmental requirements and procedures. Without limiting Purchaser’s responsibilities hereunder, B&R has the right but not the obligation to, from time to time, review, audit and inspect applicable health, safety, security and environmental documentation, procedures and conditions at the Site. (c) If, in B&R’s reasonable opinion, the health, safety, or security of personnel or the Site is, or is likely to be, imperiled by security risks, the presence of or threat of exposure to hazardous material, or unsafe working conditions, B&R may, in addition to other rights or remedies available to it, remove some or all of its personnel from Site, suspend performance of all or any part of the purchase order, and/or remotely perform or supervise work. Any such occurrence shall be considered a force majeure event. Purchaser shall reasonably assist in ensuring the safe departure of personnel from the Site. (d) Purchaser shall not require or permit B&R’s personnel to operate Purchaser’s equipment at (e) Purchaser will make its Site medical facilities and resources reasonably available to B&R personnel who need medical attention. (f) B&R has no responsibility or liability for the pre-existing condition of Purchaser’s equipment or the Site, which is the sole responsibility of Purchaser. Prior to B&R starting any work at Site, Purchaser will provide documentation that identifies the presence and condition of any hazardous material existing in or about Purchaser’s equipment or the Site that B&R may encounter while performing under this Agreement. The provision of such documentation shall in no way release Purchaser from its responsibility for said conditions. Purchaser shall disclose to B&R industrial hygiene and environmental monitoring data regarding conditions that may affect B&R’s work or personnel at the Site. Purchaser shall keep B&R informed of changes in any such conditions (i) B&R shall promptly notify Purchaser if B&R becomes aware of: (i) conditions at the Site differing materially from those disclosed by Purchaser, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. If any such conditions cause an increase in B&R's cost of, or the time required for, performance of any part of the work under the Agreement, an equitable adjustment in price and schedule shall be made. (g) If B&R encounters hazardous material in Purchaser’s equipment or at the Site that require special handling or disposal, B&R is not obligated to continue work affected by the hazardous conditions. In such an event, Purchaser shall at its sole cost and expense eliminate the hazardous conditions in accordance with applicable laws and regulations so that B&R’s work under the Agreement may safely proceed, and B&R shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in B&R’s cost of, or time required for, performance of any part of the work. Purchaser shall properly store, transport and dispose of all hazardous material introduced, produced or generated in the course of B&R’s work at the Site. (h) Purchaser shall indemnify B&R for any and all claims, damages, losses, and expenses arising out of or relating to any hazardous material which are or were (i) present in or about Purchaser’s equipment or the Site prior to the commencement of B&R’s work, improperly handled or disposed of by Purchaser or Purchaser’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than B&R.
HEALTH AND SAFETY 2.6.1 The Supplier will promptly notify the Customer of any health and safety hazards which may arise in connection with the performance of its obligations under the Call-Off Contract. The Customer will promptly notify the Supplier of any health and safety hazards which may exist or arise at the Customer premises and which may affect the Supplier in the performance of its obligations under the Call-Off Contract. 2.6.2 While on the Customer premises, the Supplier will comply with any health and safety measures implemented by the Customer in respect of Supplier Staff and other persons working there. 2.6.3 The Supplier will notify the Customer immediately in the event of any incident occurring in the performance of its obligations under the Call-Off Contract on the Customer premises if that incident causes any personal injury or damage to property which could give rise to personal injury. 2.6.4 The Supplier will comply with the requirements of the Health and Safety at Work (Northern Ireland) Order 1978 and any other acts, orders, regulations and codes of practice relating to health and safety, which may apply to Supplier Staff and other persons working on the Customer premises in the performance of its obligations under the Call-Off Contract. 2.6.5 The Supplier will ensure that its health and safety policy statement (as required by the Health and Safety at Work (Northern Ireland) Order 1978) is made available to the Customer on request.