TC Systems, Inc. South Carolina - AT&T Clec Online

8. Responsibility For Environmental Contamination
Agreement
Page 9
8.1 TC SYSTEMS shall in no event be liable to BellSouth for any costs
whatsoever resulting from the presence or Release of any Environmental
Hazard or Hazardous Materials that TC SYSTEMS did not introduce to the
affected Work Location so long as TC SYSTEMS’s actions do not cause or
substantially contribute to the Release of any Environmental Hazard or
Hazardous Materials. BellSouth shall indemnify, defend (at TC SYSTEMS’s
request) and hold harmless TC SYSTEMS and each of its officers, directors
and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys’ fees)
that arise out of or result from (i) any Environmental Hazard or Hazardous
Materials that BellSouth, its contractors or its agents introduce to any Work
Location or (ii) the presence or Release of any Environmental Hazard or
Hazardous Materials for which BellSouth is responsible under Applicable Law,
to the extent the Release of any Environmental Hazard or Hazardous Materials
is not caused or substantially contributed to by TC SYSTEMS’s actions.
8.2 BellSouth shall in no event be liable to TC SYSTEMS for any costs
whatsoever resulting from the presence or Release of any Environmental
Hazard or Hazardous Materials that BellSouth did not introduce to the
affected Work Location, so long as BellSouth’s actions do not cause or
substantially contribute to the Release of any Environmental Hazards or
Hazardous Materials. TC SYSTEMS shall indemnify, defend (at BellSouth’s
request) and hold harmless BellSouth and each of its officers, directors and
employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys’ fees)
that arise out of or result from (i) any Environmental Hazard or Hazardous
Materials that TC SYSTEMS, its contractors or its agents introduce to any
Work Location or (ii) the presence or Release of any Environmental Hazard or
Hazardous Materials for which TC SYSTEMS is responsible under Applicable
Law, to the extent the release of any Environmental Hazard or Hazardous
Materials is not caused or substantially contributed to by BellSouth’s actions.
8.3 For purposes of this Section 8, the following terms shall have the following
meaning:
8.3.1 “Environmental Hazard" means (1) that a Release (as hereinafter defined) of
Hazardous Materials has occurred on premises or property that is related to
the performance of this Agreement and that such Hazardous Material is
demonstrated through applicable or appropriate testing methods to require
remediation or removal as determined by all laws, ordinances, statutes, codes,
rules, regulations, orders and decrees of the United States or of the state,
county, city or any other political subdivision in which the Release has
occurred, and any other political subdivision, agency or instrumentality
exercising jurisdiction over the Release, including any applicable federal and
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