Bright House Networks Information Services ... - AT&T Clec Online

Version 4Q01: 12/01/01
Attachment 4-Central Office
Exhibit A
Page 38
these materials. Without prior written AT&T approval, no substantial new safety or
environmental hazards can be created by BHN, or different hazardous materials used
by BHN at AT&T Facility. BHN must demonstrate adequate emergency response
capabilities for its materials used or remaining at the AT&T Facility.
1.6 Spills and Releases. When contamination is discovered at a AT&T Premises, the Party
discovering the condition must notify AT&T. All Spills or Releases of regulated
materials will immediately be reported by BHN to AT&T.
1.7 Coordinated Environmental Plans and Permits. AT&T and BHN will coordinate
plans, permits or information required to be submitted to government agencies, such
as emergency response plans, spill prevention control and countermeasures (SPCC)
plans and community reporting. If fees are associated with filing, AT&T and BHN
will develop a cost sharing procedure. If AT&T’s permit or EPA identification
number must be used, BHN must comply with all of AT&T’s permit conditions and
environmental processes, including environmental “best management practices
(BMP)” (see Section 2, below) and/or selection of AT&T disposition vendors and
disposal sites.
1.8 Environmental and Safety Indemnification. AT&T and BHN shall indemnify, defend
and hold harmless the other Party from and against any claims (including, without
limitation, third-party claims for personal injury or death or real or personal property
damage), judgments, damages, (including direct and indirect damages, and punitive
damages), penalties, fines, forfeitures, costs, liabilities, interest and losses arising in
connection with the violation or alleged violation of any Applicable Law or contractual
obligation or the presence or alleged presence of contamination arising out of the acts
or omissions of the indemnifying Party, its agents, contractors, or employees
concerning its operations at the Facility.
2. CATEGORIES FOR CONSIDERATION OF ENVIRONMENTAL ISSUES
2.1 When performing functions that fall under the following Environmental categories on
AT&T’s Premises, BHN agrees to comply with the applicable sections of the current
issue of AT&T's Environmental and Safety Methods and Procedures (M&Ps),
incorporated herein by this reference. BHN further agrees to cooperate with AT&T to
ensure that BHN's employees, agents, and/or subcontractors are knowledgeable of and
satisfy those provisions of AT&T’s Environmental M&Ps which apply to the specific
Environmental function being performed by BHN, its employees, agents and/or
subcontractors.
2.2 The most current version of reference documentation must be requested from AT&T.
CCCS 168 of 369