Common use of Quality of Material Clause in Contracts

Quality of Material. The Site Manager shall have the authority to inspect PS on delivery. For the PS to be accepted, it is to be well-grade PS fill, generally free of clays, silts, debris or any other deleterious material or contaminant, including asphalt. The Site Manager, in his/her sole discretion, may reject any material delivered and Generator shall be responsible for removing such material from Authority Lands to the satisfaction of the Site Manager at Generator’s cost. The Site Manager will inspect ICM on delivery. The Site Manager’s inspection and subsequent acceptance shall not in any way free Generator from responsibility to ensure that the material delivered to the Facility meets the terms and conditions for eligibility for disposal at the Facility. By accepting the terms and conditions of this Agreement, Generator declares and affirms that the ICM which is the subject of this Agreement is free of contaminants which would: a) disqualify the material from being considered ‘Inert’ or, b) make it ineligible for marine disposal. Examples of acceptable types of ICM are: broken concrete, clean gravel, concrete block, concrete brick, clay brick, and clean rock, homogenous common materials such as clay and till. Generator may propose any type of material for disposal at the Facility with the understanding that the Site Manager may reject any material which, in the Site Manager’s sole discretion, does not meet the Facility’s needs at any time. Broken asphalt shall not be accepted for disposal at the Fairview Cove Sequestration Facility. It is Generator’s responsibility to ensure that the accredited independent environmental consultant, who conducts representative sampling and provides the declaration pursuant to Article 2.04, attends at the Originating Location of PS or ICM to ensure that all material delivered to the Facility is representative of the test results and does not contain contaminated material or material which contravenes any condition in Article 2 of this Agreement. The Site Manager reserves the absolute authority, from time to time, to conduct environmental investigation on any material delivered to the Facility to confirm the material’s eligibility for disposal at the Facility. In the event that material from the Originating Location is found to be in contravention of the conditions for acceptance: (a) the Site Manager shall act in the Authority’s best interest in the non-compliant material’s investigation, excavation, removal, transportation to, and disposal at an appropriate disposal facility. The complete cost for such remediation works by the Authority shall be borne by Generator whose malfeasance results in the illegal delivery of ineligible material to the Facility; and, (b) the Authority retains the right, at the Authority’s sole discretion, to require Generator to retain an accredited independent environmental consultant to conduct an analysis of each load of PS or ICM from the same Originating Location of PS or ICM. The accredited independent environmental consultant must provide to the Authority a signed report confirming that each load of PS or ICM satisfies the thresholds in the Sampling Schedule in Article 2.04 before the PS or ICM can be delivered to the Facility. The accredited independent consultant and Generator must ensure that each load of PS or ICM which is contaminated or exceeds the threshold(s) set out in the Sampling Schedule is directed to an alternate appropriate disposal facility.

Quality of Material. The Site Manager shall have the authority to inspect PS on delivery. For the PS to be accepted, it is to be well-grade PS fill, generally free of clays, silts, debris or any other deleterious material or contaminant, including asphalt. The Site Manager, in his/her sole discretion, may reject any material delivered and Generator shall be responsible for removing such material from Authority Lands to the satisfaction of the Site Manager at Generator’s cost. The Site Manager will inspect ICM on delivery. The Site Manager’s inspection and subsequent acceptance shall not in any way free Generator from responsibility to ensure that the material delivered to the Facility meets the terms and conditions for eligibility for disposal at the Facility. By accepting the terms and conditions of this Agreement, Generator declares and affirms that the ICM which is the subject of this Agreement is free of contaminants which would: a) disqualify the material from being considered ‘Inert’ or, b) make it ineligible for marine disposal. Examples of acceptable types of ICM are: broken concrete, clean gravel, concrete block, concrete brick, clay brick, and clean rock, homogenous common materials such as clay and till. Generator may propose any type of material for disposal at the Facility with the understanding that the Site Manager may reject any material which, in the Site Manager’s sole discretion, does not meet the Facility’s needs at any time. Broken asphalt shall not be accepted for disposal at the Fairview Cove Ocean Terminals Sequestration Facility. It is Generator’s responsibility to ensure that the accredited independent environmental consultant, who conducts representative sampling and provides the declaration pursuant to Article 2.04, attends at the Originating Location of PS or ICM to ensure that all material delivered to the Facility is representative of the test results and does not contain contaminated material or material which contravenes any condition in Article 2 of this Agreement. The Site Manager reserves the absolute authority, from time to time, to conduct environmental investigation on any material delivered to the Facility to confirm the material’s eligibility for disposal at the Facility. In the event that material from the Originating Location is found to be in contravention of the conditions for acceptance: (a) the Site Manager shall act in the Authority’s best interest in the non-compliant material’s investigation, excavation, removal, transportation to, and disposal at an appropriate disposal facility. The complete cost for such remediation works by the Authority shall be borne by Generator whose malfeasance results in the illegal delivery of ineligible material to the Facility; and, (b) the Authority retains the right, at the Authority’s sole discretion, to require Generator to retain an accredited independent environmental consultant to conduct an analysis of each load of PS or ICM from the same Originating Location of PS or ICM. The accredited independent environmental consultant must provide to the Authority a signed report confirming that each load of PS or ICM satisfies the thresholds in the Sampling Schedule in Article 2.04 before the PS or ICM can be delivered to the Facility. The accredited independent consultant and Generator must ensure that each load of PS or ICM which is contaminated or exceeds the threshold(s) set out in the Sampling Schedule is directed to an alternate appropriate disposal facility.