Model Clause – Environmental Consultant Protections

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  1. Compliance with Environmental Law. The Consultant shall, at all times, ensure that its employees, agents and subcontractors comply with applicable laws and regulations, including without limitation, all environmental laws and regulations, in the performance of its work for the Client.
  2. Confidentiality/Ownership. The Consultant agrees that all information provided to the Consultant by the Client in any form or manner, and any documents of any kind generated by the Consultant in any manner from such information is the confidential property of the Client. The Consultant agrees that such information and documents are not to be disclosed in any manner whatsoever by the Consultant to any third party without the express prior written consent of Client, except where required by law to a third party. Prior to such disclosure the Consultant shall notify the Client of such legal obligation and afford the Client the full opportunity to contest such requirement before such third party. The Consultant shall ensure that any party with whom it engages in a contract or otherwise to carry out work on its behalf for the Client agrees to these confidentiality terms.
  3. Return of Documents. The Consultant will, upon the request of the Client, forthwith return to the Client any documents of any kind provided to the Consultant by the Client without retaining copies of such documents. In addition, the Consultant will, upon the request of the Client, forthwith provide the Client with all reports and findings generated by the Consultant on the Client’s behalf, including copies of all field notes. The Consultant may retain the originals of such documents for no longer than five (5) years.
  4. Cooperation. The Consultant agrees that, at all times, it will fully cooperate with the Client in all matters relating to this Agreement including, but not limited to, responding, in accordance with this Agreement, to investigations and requests for information from third parties and regulatory authorities.
  5. Reliance on Consultant’s Work. Upon request of the Client, the Consultant will consent to the reliance of third parties on the Consultant’s work on the Client’s behalf, such consent not to be unreasonably withheld.
  6. Indemnification. The Consultant shall indemnify and hold harmless the Client for any and all damages flowing directly or indirectly from any breach of this Agreement or caused by any act or omission of the Consultant, its workers, officers, directors, agents or subcontractors, including, but not limited to, fines, legal fees and remediation costs.
  7. Insurance. Consultant shall at all times maintain insurance policies adequate to provide coverage for any and all damages flowing directly or indirectly from any breach of this Agreement or caused by any act or omission of the Consultant, its workers, officers, directors, agents or subcontractors. Consultant shall provide proof of such coverage to the Client upon demand at any time. Consultant shall ensure that the Client is named as an additional insured on said policies.

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