TranSystems Corporation - LGM Construction

FedEx reports that the testing consultant prepares and that reflect that the samples are free of
Hazardous Material. For purposes of this Section 13.07, “fill material” means dirt, soil, sand or
other earth that is obtained from sources outside the Site and that is used to fill holes or
depressions, create mounds or otherwise artificially change the grade or elevation of the Site.
FedEx must approve the testing consultant and laboratory that Contractor engages to take and
analyze the samples. FedEx must also approve the number of samples that Contractor's testing
consultant takes at the borrow source and the locations at which those samples are taken. FedEx
may not unreasonably withhold any approval required by virtue of this Section 13.07. If the
source from which Contractor or its Subcontractor proposes to take fill required at the Site is a
commercial aggregate borrow source, the delivery to FedEx of environmental certifications
provided by the operator of that source will satisfy the foregoing requirement for the furnishing
of testing reports to FedEx. Any report or certification furnished to FedEx in accordance with the
terms of this Section 13.07 must reflect that the samples were tested for the presence of volatile
organic compounds ("VOCs"), total metals, polynuclear aromatics ("PNAs"), polychlorinated
biphenyls ("PCBs") and total petroleum hydrocarbons (“TPH”).
Section 13.08. Contractor Indemnification.
Contractor shall indemnify, defend and hold
FedEx and its directors, officers, shareholders, employees and agents harmless from and against
all liability, damages, losses, expenses, demands, claims, suits or judgments, including
reasonable attorneys' fees and expenses and defense costs, that may be asserted against, or
sustained by, any of the indemnified parties by reason of (i) any Environmental Condition that
Contractor, the Subcontractors, the respective agents and employees of Contractor and the
Subcontractors, or any other person for whose acts or omissions any of the foregoing persons or
entities may be responsible during the performance of the Work causes, or (ii) Contractor’s
failure to perform the obligations it undertakes under the terms of this Article 13.
Section 13.09. Survival of Indemnities.
The indemnities set forth in this Article 13 will
survive the completion of the Work and any termination of this Agreement.
Section 13.10. Definition of Environmental Laws. The term "Environmental Laws"
means all laws, statutes, regulations, rules, ordinances, codes, license and permit requirements,
and orders of all governmental agencies, departments, commissions, boards, bureaus or
instrumentalities of the United States, the several States and political subdivisions within the
States, and all applicable judicial and administrative and regulatory decrees, judgments and
orders, including, without limitation, common law rulings and determinations, (whether now
existing or later enacted or promulgated) that relate to injury to, or the protection of, real or
personal property or human health (except those requirements that, by definition, are solely the
responsibility of employers) or the environment (defined to mean soil, surface waters, ground
waters, land, stream sediments, surface or subsurface strata and ambient air), including, without
limitation, all valid and lawful requirements of courts and governmental agencies that pertain to
reporting, licensing, permitting, investigation, remediation and removal of emissions, discharges,
releases or threatened releases of chemical substances, petroleum or petroleum products,
pollutants, contaminants or hazardous or toxic substances, materials or wastes (whether solid,
liquid or gaseous in nature) into the air, surface water, ground water or land, or that relate to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of
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