Release to Environment
In performing Services under this Agreement, Contractor shall not discharge, release or emit, or cause to be discharged, released or emitted, any hazardous or non-hazardous substance into the environment, without the prior written approval of an authorized representative of Intuit's Environmental, Health and Safety Department. If any discharge, release or emission not so approved by Intuit occurs, Contractor shall inform Intuit immediately, shall promptly undertake all reasonable efforts to contain and cease such activity, and shall restore all property to its original condition.
Whenever Contractor uses or stores flammable, explosive, or other hazardous materials or hazardous equipment or uses hazardous or unusual methods necessary for its performance of the Services, Contractor shall exercise utmost care and shall carry on such activities under supervision of properly trained personnel and in accordance with all Intuit policies, programs and procedures related to hazardous materials. Contractor shall not take any remedial action with regard to hazardous materials used in the performance of the Services or enter into any settlement agreement, consent decree or other compromise relating thereto without first notifying Intuit in writing of Contractor's intention to do so and affording Intuit ample opportunity to protect its interests. Whenever Contractor is aware of any of the following actions regarding hazardous materials that are instituted, completed or threatened, Contractor shall immediately notify Intuit, in writing: i) any government or regulatory action, ii) any claim against Contractor or Intuit, and iii) any reports, complaints, notices or warnings of asserted violations to any governmental agency.
Contractor shall manage, handle and dispose of all wastes generated by its Services, properly and in accordance with all applicable governmental requirements, including those applicable to hazardous waste and all Intuit policies, programs, and procedures related to waste handling. Contractor shall promptly deliver to Intuit copies of manifests or applicable shipping documents reflecting the legal and proper disposal of any hazardous materials that Contractor has caused to be removed from any of Intuit's premises. Except as otherwise approved in writing by an authorized representative of Intuit, Contractor shall not (i) dispose of any waste on, in, under or about Intuit's property or any container thereon, or (ii) list Intuit as a waste generator.
Governmental Permits and Notifications
Contractor shall investigate the need for, and shall procure in its own name to the extent allowed by law, all governmental permits, notifications, approvals and inspections required for the performance of Contractor's Services under this Agreement. Contractor shall promptly notify Intuit in writing if any such permit or approval lapses, or is modified or revoked. If, under applicable law, any such permits or approvals must be procured in Intuit's name, Contractor shall promptly so inform Intuit and shall assist Intuit in obtaining such permits or approvals.
Contractor shall comply with the applicable local, state and federal environmental, health, and safety rules and regulations, including those of the Occupational Safety and Health Act, the Code of Federal Regulations, and the Safety Orders of the Industrial Accident Commission of the State of California. In addition, Contractor shall comply with all related Intuit policies, procedures and programs that may apply to Contractor's obligation to provide Services under this Agreement and the applicable Statement of Work. Contractor acknowledges and agrees that it is Contractor's responsibility to understand all site policies, procedures, and programs relating to environmental protection, safety and health and to ensure that Contractor's employees and contractors understand such policies, procedures, and programs. Contractor agrees to perform the Services in compliance with, and to furnish only supplies, articles, and equipment that comply with, such laws, standards, regulations, policies, procedures, and programs. WITHOUT LIMITING THE FOREGOING, IF ANY SERVICES WILL BE PERFORMED IN CALIFORNIA, CONTRACTOR EXPRESSLY ACKNOWLEDGES THAT (i) CONTRACTOR IS AWARE OF THE REQUIREMENTS OF CALIFORNIA LABOR CODE SECTION 2810 AND EXPRESSLY REPRESENTS THAT CONTRACTOR'S FEES UNDER THIS AGREEMENT SUFFICE SO THAT CONTRACTOR CAN AND WILL COMPLY WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS OR REGULATIONS GOVERNING THE LABOR OR SERVICES TO BE PROVIDED AND (ii) INTUIT MAY AND SHALL RELY UPON SUCH REPRESENTATION.
Contractor shall at all times perform Services under this Agreement and the applicable Statement of Work in a manner to avoid the risk of loss, theft, or damage by vandalism, sabotage or other means to any property. Contractor shall promptly take all reasonable precautions that are necessary and adequate to protect against conditions that involve a risk of loss, theft or damage to its property, Intuit's property, Intuit's Confidential Information as described in the Agreement and the work site. Contractor shall continuously inspect all its work, materials, and equipment facilities to discover and determine any of the above-described conditions and Contractor shall be solely responsible for discovery, determination and correction of any such conditions. Contractor shall cooperate with Intuit on all security matters and Contractor shall promptly comply with any project security requirements established by Intuit. Compliance with these security requirements shall not relieve Contractor of its responsibility for maintaining adequate security, nor shall such compliance be construed as limiting Contractor's obligation to undertake reasonable action as required to comply with the terms and conditions of this Agreement. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and Contractor shall furnish these reports to Intuit in a timely manner. Contractor is solely responsible for the safety of its own personnel.
Contractor shall cooperate with Intuit in performing Services under this Agreement and the applicable Statement of Work so as to minimize any potential interference with Intuit's other activities, to protect the safety and health of Intuit's employees, agents and visitors, and to safeguard the security and integrity of Intuit's property.
Disputes and Work Stoppages
No dispute between labor organizations and Contractor shall be permitted to occur or be manifested on any Intuit site, and Contractor agrees to employ personnel and other agents for the Services who will work at all times in harmony with Intuit's personnel and other agents. Contractor agrees not to participate in or encourage any cessation of the Services that may occur as a result of any such labor dispute, however Contractor may participate in lawful negotiations. Should there be a stoppage of the Services that involves, but is not limited to, the participation of Contractor's personnel or other agents, or third party actions involving informational or organizational picketing, Contractor agrees to take appropriate and prompt action to provide qualified personnel or other agents to perform the Services. If Contractor is unable to provide such personnel or other agents, Contractor agrees to reimburse Intuit any financial expenses incurred by Intuit in causing the Services to be provided by another.