SEC Filings

8-K
HORNBECK OFFSHORE SERVICES INC /LA filed this Form 8-K on 08/07/2003
Entire Document
 
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jurisdiction in which operations of Seller or Manager with respect to the
Business are conducted, or (B) damages arising from or costs incurred by such
governmental authority in response to a release of a Contaminant or other
substance into the environment has been filed or attached to any of the Assets;
(viii) neither Seller or Manager has Released any Contaminant from the Vessel
into waters of the United States or other navigable waters in violation of any
Domestic Environmental Law or any Foreign Environmental Law; (ix) neither Seller
or Manager have received notice of any violation of any Domestic Environmental
Law or any Foreign Environmental Law based on past Releases of any Contaminant
into waters of the United States or other navigable waters; and (x) neither
Seller or Manager know of any Environmental Claims by any person based on
alleged exposure(s) to any Contaminant resulting from the operations of the
Business or the Assets.

         (b) Environmental Definitions. Each of the following terms shall have
the meaning indicated below:

                  "Contaminant" shall mean those substances or materials that
         are defined as hazardous or toxic or that are regulated by or form the
         basis of liability under any Domestic Environmental Law or Foreign
         Environmental Law, including without limitation asbestos,
         polychlorinated biphenyls ("PCBs"), and radioactive substances, or any
         other material or substance that constitutes a health, safety or
         environmental hazard to any person or property.

                  "Domestic Environmental Laws" shall mean all federal, state or
         local laws relating to health, safety or the environment, including
         without limitation the Comprehensive Environmental Response,
         Compensation and Liability Act ("CERCLA") (42 U.S.C. Section 9601 et
         seq.), the Hazardous Material Transportation Act (49 U.S.C. Section
         1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C.
         Section 6901 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the
         Clean Water Act (33 U.S.C. Section 1251 et seq.), the Toxic Substances
         Control Act, as amended (15 U.S.C. Section 2601 et seq.), the National
         Environmental Policy Act (42 U.S.C. Section 4321 et seq.), the Oil
         Pollution Act (33 U.S.C. Section 2701 et seq.), the Occupational Safety
         and Health Act (29 U.S.C. Section 651 et seq.), the Marine Protection,
         Research, and Sanctuaries Act (33 U.S.C. Section 1401 et seq.), the
         Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.) and
         the Act to Prevent Pollution from Ships (33 U.S.C. Sections 1901-1912,
         including without limitation Annexes I, II and V of the International
         Convention for the Prevention of Pollution from Ships, 1973, as
         modified by the Protocol of 1978 relating thereto (MARPOL 73/78) done
         at London on February 17, 1978), as these laws have been amended or
         supplemented, and any analogous state or local statutes, rules or
         ordinances and the regulations promulgated pursuant thereto.

                  "Environmental Claim" shall mean any accusation, allegation,
         notice of violation, claim, demand, abatement or other order or
         direction (conditional or otherwise) by any governmental authority or
         any person for personal injury (including sickness, disease or death),
         tangible or intangible property damage, damage to the environment,
         nuisance, pollution, contamination or other adverse effects on the
         environment, or for fines, penalties or restrictions, resulting from or
         based upon (i) the existence, or the continuation of the existence, of
         a Release (including without limitation sudden or non-



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