TOXIC AND HAZARDOUS MATERIALS Clause Samples

The "Toxic and Hazardous Materials" clause defines the responsibilities and obligations of parties regarding the handling, storage, and disposal of substances that are considered dangerous to health or the environment. Typically, this clause requires parties to comply with all relevant laws and regulations, mandates proper labeling and containment of hazardous materials, and may specify procedures for reporting spills or contamination. Its core function is to ensure safety, legal compliance, and environmental protection by clearly allocating responsibility for managing hazardous substances and mitigating associated risks.
TOXIC AND HAZARDOUS MATERIALS. CLIENT shall provide RK with all information within CLIENT’s possession or knowledge related to the potential or presence of toxic or hazardous materials or pollutants at the Project site. CLIENT agrees that ▇▇ neither created nor contributed to the creation or existence of any toxic or hazardous materials or pollutants. In no event shall RK be required to sign a hazardous waste manifest or take ownership of any toxic or hazardous materials or pollutants. If unanticipated toxic or hazardous materials or pollutants are encountered while RK is performing its services, RK reserves the right to stop field operations and notify CLIENT and CLIENT assumes responsibility to notify appropriate regulatory agencies. RK and CLIENT must mutually agree to remobilize.
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TOXIC AND HAZARDOUS MATERIALS. (a) Tenant will not store, use, generate, manufacture, produce, release, discharge or dispose of any toxic materials or Hazardous Materials in, on, or about the Demised Premises or the Real Estate (provided that Tenant shall not be in violation of the foregoing by its use and storage of standard office products otherwise defined as hazardous, which products are used by Tenant with due care and in accordance with the instructions of the product manufacturer and otherwise in compliance with applicable law, in the reasonable and prudent conduct of Tenant's business). Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties (as defined in Section 15.01(a) of this Lease) from and against all claims, judgments, actions, costs, penalties, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with Tenant's (and its agents') storage, use and disposal of toxic materials and Hazardous Materials. Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Demised Premises and any other property of whatever nature located on the Real Estate to the condition existing prior to such storage, use, generation, manufacture, production, release, discharge or disposal of toxic materials or Hazardous Materials. Tenant's obligations under this Section will survive the termination of this Lease. (b) For purposes of this Lease, the term "Hazardous Materials" includes without limitation: (a) those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "solid waste" or similar terms in any Environmental Law; (b) petroleum products and petroleum byproducts; (c) polychlorinated biphenyls; and (d) chlorinated solvents. The term "Environmental Law" includes any federal, state, municipal or local law, statute, ordinance, regulation, order, rule or requirement (in each case as may be amended from time to time) pertaining to health, industrial hygiene, environmental conditions (including, without limitation, air, ground, water pollution and protection and/or preservation of the environment), or hazardous materials or substances.
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TOXIC AND HAZARDOUS MATERIALS. 10.5.1 It is further agreed that the Owner shall indemnify and hold harmless the Program Manager and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from (a) the performance of the Services by Program Manager, or (b) claims against the Program Manager, in either case arising from the work of others, related to toxic or hazardous waste, asbestos, or the encapsulation or removal of asbestos or toxic or hazardous waste, including, without limitation, claims asserted by any person alleging injury or damage from exposure to hazardous or toxic waste, asbestos, polychlorinated biphenyl (PCB), or other hazardous or toxic substances located in or about any of the Projects or adjacent properties. 10.5.2 The above indemnification provision extends, without limitation, to claims against the Program Manager which arise out of, are related to, or are based upon, the dispersal, -discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) waste or watercourses, (c) object, or (d) any tangible or intangible matter, whether sudden or not.
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TOXIC AND HAZARDOUS MATERIALS. 10.4.1 It is further agreed that the District will indemnify and hold harmless the Construction Manager and its consultants, agents, and employees from and against all claims, damages, losses, and expenses, direct and indirect, or consequential damages, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from toxic or hazardous waste, asbestos, mold, or the encapsulation or removal of asbestos or toxic or hazardous waste, including, without limitation, claims asserted by any person alleging injury or damage from exposure to hazardous or toxic waste, asbestos, mold, polychlorinated biphenyl (PCB), or other hazardous or toxic substances currently located in or about a Project. 10.4.2 The above indemnification provision extends, without limitation, to claims against the Construction Manager which arise out of, are related to, or are based upon, the dispersal, discharge, escape, release, or saturation, all from a Project, of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or watercourses, (c) objects, or (d) any tangible or intangible matter, whether sudden or not.
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TOXIC AND HAZARDOUS MATERIALS. The SUBCONTRACTOR and its contractors shall prohibit the storage and disposal of non-defense toxic and hazardous materials on the Facilities for non-DOD production unless otherwise exempted by the Secretary of the Army pursuant to 10 USC ss. 2692. Toxic or hazardous materials, regardless of ownership, brought onto the Facilities that will be consumed or incorporated into products within a reasonable time frame, and removed from the Facilities upon completion of the manufacturing process, are not considered to have been "stored" for purposes of the above cited statue. The SUBCONTRACTOR and its contractors shall dispose of excess hazardous and toxic material or waste generated by the SUBCONTRACTOR or its contractors on the Facilities in accordance with applicable environmental laws and regulations, but in no event shall storage of such materials or waste be permitted after expiration or termination of this Agreement without written approval by the Contractor. Notwithstanding anything in the foregoing to the contrary, SUBCONTRACTOR shall be permitted to use limited quantities of hazardous material at the Facilities as described and approved in the Permitted Use. BASIC ORDER AGREEMENT 04T002
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TOXIC AND HAZARDOUS MATERIALS. Lessor warrants and represents that, to the best of its knowledge, at the Commencement Data the Leased Premises comply with all app1▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ state 1aws, requirements, rules and orders re1ating to health, safety, environmental protection, storage, discharge, waste disposa1, and water and air quality, and that there has been no unlawful discharge, leakage, spillage commission or pollution of any hazardous or toxic materials or substances on the Leased Premises. Lessee agrees to use its best efforts to avoid any unlawful discharge, treatment process, work leakage, spillage commission or pollution of any hazardous toxic or noxious materials or substances on the Leased Premises during the Lease Term or any extensions thereof. Lessee agrees to indemnify and hold harmless Lessor from and against and to reimburse Lessor with respect to any and all claims demands, fees, fines, penalties, settlement, judgments, obligations, suits, losses, liabilities, damages, injuries, costs or expenses arising from or on account of Lessee's unlawful discharge, treatment process, work, leakage, spillage, commission or pollution of any hazardous, toxic or noxious materials or substances on the Leased Premises. The representations and warranties set forth in this paragraph 26 shal1 be deemed to be relied upon as being true and correct as of the date or the execution and delivery of this Lease, regardless of any investigation. The representations and warranties set forth in this paragraph 26 shall be deemed to be relied upon as being true and correct as of the date of any extension of this Lease. 33 * Exhibit D is a list of changes to be made at no cost to Lessee and is attached hereto and made a part hereof. Lessor agrees to indemnify and hold Lessee and the premises free and harmless from and against and to reimburse Lessee with respect to any and all claims, demands, fees, fines, penalties, settlement, judgments, obligations, suits, losses, liabilities, damages, injuries, costs or expenses (including costs of investigation, settlement and defenses of such claims, plus interest, penalties and attorneys' fees) arising from or on account of the inaccuracy or breach of any of Lessor's representatives or warranties contained in this Lease.
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Related to TOXIC AND HAZARDOUS MATERIALS

  • No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or (B) are present on, over, beneath, in or upon any Real Property or any portion thereof in quantities that would constitute a violation of any Environmental Laws. No prior use by the Company or any of its Subsidiaries of any Real Property has occurred that violates any Environmental Laws, which violation would have a material adverse effect on the business of the Company or any of its Subsidiaries.

  • 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.

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.

  • Hazardous Materials Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

  • Use of Hazardous Materials Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, on, from, under or about, the Property, or any other land or improvements in the vicinity of the Property. Notwithstanding the foregoing, Tenant may use and store in the Premises such types and quantities of Hazardous Materials as are normally used in connection with Tenant’s permitted use of the Premises and then only in strict accordance with all Applicable Laws, including all Environmental Laws. Within thirty (30) days after the Effective Date, Tenant shall provide Landlord a complete list of all Hazardous Materials (other than standard janitorial and office products) used or stored, and expected to be used or stored, by Tenant or any of Tenant’s Agents at the Premises during the term of the Prior Lease or during the Term of this Lease, which list shall include MSDS sheets for all such Hazardous Materials and shall identify the equipment and systems within the Premises affected by such Hazardous Materials in Tenant’s business operations (“Tenant’s Hazardous Materials Plan”). Throughout the Term on an annual basis and upon Landlord’s written request, Tenant shall continue to update Tenant’s Hazardous Materials Plan so that it remains current. Without limiting the foregoing, Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Premises. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials.