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

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capabilities for its materials used or remaining at the Bell<strong>South</strong> Premises.<br />

Version 2Q03: 07/21/03-<strong>TC</strong> SYSTEMS AL<br />

Exhibit A<br />

43<br />

1.6 Spills and Releases. When contamination is discovered at a Bell<strong>South</strong> Premises, either Party<br />

discovering the condition must notify the other Party. All Spills or Releases of regulated materials<br />

will immediately be reported by <strong>TC</strong> SYSTEMS to Bell<strong>South</strong>.<br />

1.7 Coordinated Environmental Plans and Permits. Bell<strong>South</strong> and <strong>TC</strong> SYSTEMS will coordinate plans,<br />

permits or information required to be submitted to government agencies, such as emergency response<br />

plans, spill prevention control and countermeasures (SPCC) plans and community reporting. If fees<br />

are associated with filing, Bell<strong>South</strong> and <strong>TC</strong> SYSTEMS will develop a cost sharing procedure. If<br />

Bell<strong>South</strong>’s permit or EPA identification number must be used, <strong>TC</strong> SYSTEMS must comply with all<br />

of Bell<strong>South</strong>’s permit conditions and environmental processes, including environmental “best<br />

management practices (BMP)” (see Section 2, below) and/or selection of BST disposition vendors<br />

and disposal sites.<br />

1.8 Environmental and Safety Indemnification. Bell<strong>South</strong> and <strong>TC</strong> SYSTEMS shall indemnify, defend and<br />

hold harmless the other Party from and against any claims (including, without limitation, third-party<br />

claims for personal injury or death or real or personal property damage), judgments, damages<br />

(including direct and indirect damages and punitive damages), penalties, fines, forfeitures, costs,<br />

liabilities, interest and losses arising in connection with the violation or alleged violation of any<br />

Applicable Law or contractual obligation or the presence or alleged presence of contamination arising<br />

out of the acts or omissions of the indemnifying Party, its agents, suppliers, or employees concerning<br />

its operations at the Bell<strong>South</strong> Premises.<br />

2. CATEGORIES FOR CONSIDERATION OF ENVIRONMENTAL ISSUES<br />

2.1 When performing functions that fall under the following Environmental categories on Bell<strong>South</strong>’s<br />

Premises, <strong>TC</strong> SYSTEMS agrees to comply with the applicable sections of the current issue of<br />

Bell<strong>South</strong>'s Environmental and Safety Methods and Procedures (M&Ps), incorporated herein by this<br />

reference. <strong>TC</strong> SYSTEMS further agrees to cooperate with Bell<strong>South</strong> to ensure that <strong>TC</strong> SYSTEMS's<br />

employees, agents, and/or suppliers are knowledgeable of and satisfy those provisions of Bell<strong>South</strong>’s<br />

Environmental M&Ps which apply to the specific Environmental function being performed by <strong>TC</strong><br />

SYSTEMS, its employees, agents and/or suppliers.<br />

2.2 The most current version of the reference documentation must be requested from <strong>TC</strong> SYSTEMS’s<br />

Bell<strong>South</strong> Regional Contract Manager (RCM) (f/k/a Account Team Collocation Coordinator –<br />

A<strong>TC</strong>C).<br />

CCCS 269 of 433

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