ARTICLE XIV -- Environment, Safety, and Health

ARTICLE XIV, CL. 1 - ENVIRONMENTAL PROTECTION (SPECIAL)

(a) The University will comply with applicable environmental laws, including laws, codes, ordinances, and regulations of the United States, a state or territory, municipality or other political subdivision, and Executive Orders, and with DOE directives identified and agreed upon pursuant to Article XV, Clause 3, "Procedure for Treatment of Prospective DOE Directives and Extant DOE Orders," of this contract.

(b) The University will with regard to these environmental laws and directives, provide for the inclusion of the following in the performance measures embodied in Appendix F, Part A:

(c) The University shall set forth appropriate environmental protection requirements in subcontracts with respect to work to be performed on-site at a DOE-owned or leased facility. The University shall submit for approval to the DOE, through the Contracting Officer, its policies, procedures, and directives in subcontracts with respect to work to be performed on site at a DOE owned or leased facility.

(d) The subcontract provisions shall provide that no claim shall be made for adjustment in the subcontract amount for the performance schedule or for damages, by reason of a stop work order issued for failure to comply with environmental protection directives of DOE, pursuant to the provisions of Article XV, Clause 3. The approved subcontract provisions shall be included in subcontracts as appropriate.

ARTICLE XIV, CL. 2 - SAFETY AND HEALTH (SPECIAL)

(a) The University shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of employees and members of the public and shall comply with all applicable safety and health laws, and, pursuant to the provisions of Article XV, Clause 3, "Procedure for Treatment of Prospective DOE Directives and Extant DOE Orders," with applicable DOE directives including reporting requirements. The Contracting Officer shall notify the University, in writing, of any noncompliance with the provisions of this paragraph (a) and the corrective action to be taken. After the receipt of such notice, the University will immediately take appropriate corrective action and, where applicable, will develop an implementation plan for submission to the Contracting Officer which will describe the actions required to achieve full compliance. In the event that the University fails to comply with said directives of DOE which have been accepted as contract modifications pursuant to the provisions of Article XV, Clause 3, the Contracting Officer may, without prejudice to any other legal or contractual rights of DOE, issue an order stopping all or any part of the work; thereafter, a start order for resumption of the work may be issued at the discretion of the Contracting Officer.

(b) The University shall submit for approval to the DOE, through the Contracting Officer, its policies, procedures and provisions for including appropriate safety and health laws and DOE directives, pursuant to the provisions of Article XV, Clause 3, including reporting requirements, in subcontracts with respect to work to be performed on-site at a DOE-owned or DOE-leased facility. The safety and health requirements shall be in accordance with applicable DOE directives as treated in Article XV, Clause 3. The subcontract provisions shall provide that no claim shall be made for adjustment in the subcontract amount for the performance schedule or for damages, by reason of a stop work order issued for failure to comply with safety and health directives of DOE, pursuant to the provisions of Article XV, Clause 3. The approved subcontract provisions shall be included in subcontracts as appropriate.

(c) The University shall develop, implement, and maintain a Safety and Health Manual(s) which describes the University's program for implementing applicable safety and health laws and DOE requirements, and shall provide DOE copies of the manual(s) and any changes to said manual(s).

ARTICLE XIV, CL. 3 - RESERVED

ARTICLE XIV, CL. 4 - CLEAN AIR AND WATER (APR 1984) - DEAR 52.223-2

(a) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. [[section]] 7401, et seq.).

"Clean air standards," as used in this clause, meanss

"Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the EPA or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. [[section]] 1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. [[section]] 1317).

"Compliance," as used in this clause. means compliance with

(b) The University agrees

ARTICLE XIV, CL. 5 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (DEC 1989) * - FAR 52.223-3

(a) The University agrees to submit a Material Safety Data Sheet (Department of Labor Form OSHA-20), as prescribed in Federal Standard No. 313B, for all hazardous material, whether or not listed in Appendix A to that Standard. This obligation applies to all materials delivered under this contract which will involve exposure to hazardous materials or items containing these materials.

(b) "Hazardous material," as used in this clause, is as defined in Federal Standard No. 313B, in effect on the date of this contract.

(c) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the University of any responsibility or liability for the safety of Government, University, or subcontractor personnel or property.

(d) Nothing contained in this clause shall relieve the University from complying with applicable Federal, state, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(e) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(f) The University shall insert this clause, including this paragraph (f), with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under this contract involving hazardous material.

ARTICLE XIV, CL. 6 - PRESERVATION OF INDIVIDUAL OCCUPATIONAL RADIATION EXPOSURE RECORDS (APR 1984) - DEAR 952.223-75

Individual occupational radiation exposure records generated in the performance of work under this contract shall be subject to inspection by DOE and shall be preserved by the University until disposal is authorized by DOE or at the option of the University delivered to DOE upon completion or termination of the contract. If the University exercises the foregoing option, title to such records shall vest in DOE upon delivery.

ARTICLE XIV, CL. 7 - ENVIRONMENTAL PERMITS OR LICENSES (SPECIAL)

The parties commit to full cooperation with regard to acquiring any necessary permits or licenses required by environmental laws, codes, ordinances and regulations of the United States, a state or territory, and a municipality or other political subdivision, and which are applicable to the performance of work under this contract. It is further recognized that certain permits will be obtained jointly and others will be obtained by either party in its individual capacity. The University's obligations include but are not limited to the identification of required permits and licenses, the compilation of information and data required for applications for permits and licenses and the provisions of any supplemental information required by law or regulation and requested by the regulatory authority involved. The Contracting Officer shall promptly inform the University of any required permit or license of which DOE is aware or becomes aware.

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