Access and Deed Restrictions. The Cimarron Trustee shall provide the NRC, the State of Oklahoma, and their representatives and contractors access to the Cimarron Site at all times for the purposes of conducting Decommissioning Activities and Environmental Actions at or near the Cimarron Site. The Cimarron Trustee shall also cooperate with the NRC, its representatives and contractors in NRC’s Site inspections. The Cimarron Trustee shall implement any institutional controls or deed restrictions requested by the United States, NRC (with respect to decommissioning and termination of the Cimarron License) and the State of Oklahoma with respect to the Cimarron Site. The Cimarron Trustee shall execute and record with the appropriate recorder’s office any easements or deed restrictions requested by NRC and the State of Oklahoma for restrictions on use of the Cimarron Site in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Any existing easements or deed restrictions of record as to the Cimarron Site prior to the Effective Date of the Settlement Agreement shall survive the Settlement Agreement. The Cimarron Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to the Cimarron Site.
Access and Deed Restrictions. The Environmental Trustee shall provide the Lead and Non-Lead Agency and their representatives and contractors access to all portions of the DPH Sites that the Environmental Response Trust owns at all reasonable times for the purposes of conducting Environmental Actions at or near the DPH Sites. The Environmental Trustee shall implement any institutional controls or deed restrictions requested by the Lead and Non-Lead Agency with respect to any of the DPH Sites. The Environmental Trustee shall execute and record with the appropriate recorder’s office any easements or deed restrictions requested by the Lead and Non-Lead Agency for restrictions on use of a DPH Site in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Any existing easements or deed restrictions of record as to any DPH Site prior to the Effective Date of the Stipulation and Settlement Agreement shall survive the Stipulation and Settlement Agreement. The Environmental Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to any DPH Site; however, nothing herein shall create any personal liability for any Environmental Trust Party due to the Environmental Trustee’s failure to abide by any institutional controls of which the Environmental Trustee is unaware.
Access and Deed Restrictions. The Environmental Custodial Trust shall provide the United States and the respective States and their representatives and contractors with reasonable access at all reasonable times to the Transferred Real Properties for the purposes of conducting Environmental Actions or related activities at or near the Transferred Real Properties. The Environmental Custodial Trust Trustee shall implement any institutional controls or deed restrictions requested by the Governments with respect to any of the Transferred Real Properties. The Environmental Custodial Trust shall execute and record in the appropriate local real estate records any easements or deed restrictions restricting the use of the Transferred Real Properties requested by the Environmental Trust Beneficiaries in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Nothing in the Plan, the Settlement Agreement or this Agreement is intended to or shall be construed to terminate or otherwise amend any easements or deed restrictions of record as to any Transferred Real Property existing prior to the Effective Date. The Environmental Custodial Trust Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to any Transferred Real Property.
Access and Deed Restrictions. The Nevada Trustee shall provide the United States and Nevada and their representatives and contractors access to the Henderson Property at all reasonable times for the purposes of conducting Environmental Actions at or near the Henderson Property. The Nevada Trustee shall implement any institutional controls or deed restrictions requested by the United States and Nevada or required under applicable Environmental Laws with respect to the Henderson Property. The Nevada Trustee shall execute and record with the appropriate recorder’s office any easements or deed restrictions requested by the United States and Nevada for restrictions on use of the Henderson Property in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Any existing easements or deed restrictions of record as to the Henderson Property prior to the Effective Date of the Settlement Agreement shall survive the Settlement Agreement. The Nevada Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to the Henderson Property.
Access and Deed Restrictions. The West Chicago Trustee/Licensee shall provide the United States, the State of Illinois, and their representatives and contractors access to all portions of the West Chicago Trust Sites at all reasonable times for the purposes of conducting Environmental Actions at or near the West Chicago Trust Sites. With respect to Xxxxx Creek, the West Chicago Trustee/Licensee shall also provide the Forest Preserve District of DuPage County and their representatives and contractors access to all portions of the site at all reasonable times for the purposes of conducting Environmental Actions at or near the site. The West Chicago Trustee/Licensee shall execute and record with the appropriate recorder’s office any easements or deed restrictions requested by the United States and IEPA for restrictions on use of the Owned RAS Properties, or requested by IEMA for restrictions on the use of the REF, in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Any restrictions requested by IEMA shall not be inconsistent with the lease and transfer of the REF to the City of West Chicago for use as a park and for recreational purposes as provided herein. Additionally, the West Chicago Trustee/Licensee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to the REF and the Owned RAS Properties. Any existing easements or deed restrictions of record as to the West Chicago Owned Sites prior to the Effective Date of the Settlement Agreement shall survive the Settlement Agreement.
Access and Deed Restrictions. The Custodial Trustee shall provide the TCEQ and the United States and their representatives and contractors with reasonable access at all reasonable times to the Designated Properties for the purposes of conducting Environmental Actions or related activities at or near the Designated Properties. The Custodial Trustee shall implement any institutional controls or deed restrictions requested by the Beneficiaries with respect to any of the Designated Properties. The Custodial Trustee shall execute and record in the appropriate local real estate records any easements or deed restrictions restricting the use of the Designated Properties requested by the Beneficiaries in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. The Custodial Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to any Designated Property. 2.10 Accounting. The Custodial Trustee shall maintain proper books, records, and accounts relating to all transactions pertaining to the Texas Custodial Trust, and the assets and liabilities of, and claims against or assumed by, the Texas Custodial Trust in such detail and for such period of time as may be necessary to enable the Custodial Trustee to make full and proper accounting in respect thereof in accordance with Article 6 below and to comply with applicable provisions of law and good accounting practices. Except as otherwise provided herein or by the Settlement Agreement, the Custodial Trustee shall not be required to file any accounting or seek approval of the Court with respect to the administration of the Texas Custodial Trust, or as a condition for making any payment or distribution out of the Custodial Trust Assets. Beneficiaries shall have the right to inspect such books and records.
Access and Deed Restrictions. The Environmental Response Trustee shall provide the EPA, the GVI, and their representatives and contractors access to the Remaining Assets at all times for the purposes of overseeing the Environmental Remediation/Compliance Program at the Facility. Nothing herein shall affect the EPA’s or DPNR’s access rights otherwise provided by Law. The Environmental Response Trustee shall implement any institutional controls or deed restrictions reasonably requested by the EPA and the GVI with respect to the Remaining Assets. The Environmental Response Trustee shall execute and record with the appropriate recorder’s office any institutional controls or deed restrictions reasonably requested by the EPA and the GVI for restrictions on use of the Remaining Assets in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Any existing institutional controls or deed restrictions of record as to the Remaining Assets prior to the Effective Date of the Plan shall survive confirmation of the Plan. The Environmental Response Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to the Remaining Assets.
Access and Deed Restrictions. The Environmental Response Trustee shall provide the Lead and Non-Lead Agencies and their representatives and contractors access to all portions of the Environmental Response Trust Owned Properties that the Environmental Response Trust owns at all reasonable times for the purposes of conducting Environmental Actions at or near the Environmental Response Trust Owned Properties. The Environmental Response Trustee shall implement any institutional controls or deed restrictions requested in writing by the Lead and Non-Lead Agencies with respect to any of the Environmental Response Trust Owned Properties. The Environmental Response Trustee shall execute and record with the appropriate recorder’s office any easements or deed restrictions requested in writing by the Lead and Non-Lead Agencies for restrictions on use of an Environmental Response Trust Owned Property in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Any existing easements or deed restrictions of record as to any Environmental Response Trust Owned Property prior to the Effective Date of this Environmental Response Trust Agreement shall survive this Environmental Response Trust Agreement. The Environmental Response Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to any Environmental Response Trust Owned Property; provided however, that nothing herein shall create any personal liability for any Environmental Response Trust Party due to the Environmental Response Trustee’s failure to abide by any institutional controls of which the Environmental Response Trustee is unaware.
Access and Deed Restrictions. The Environmental Trustee shall provide the Environmental Agencies and their representatives and contractors with access at all reasonable times to the Gulfport Facility (and Gulfport Adjoining Parcels if such parcels are conveyed to the Environmental Response Trust) for the purposes of conducting, monitoring, or overseeing Environmental Actions or related activities at or near the Gulfport Facility. The Environmental Trustee shall implement any institutional controls or deed restrictions requested by the Environmental Agencies with respect to the portions of the Gulfport Property conveyed to it. The Environmental Response Trustee shall execute and record in the appropriate local real estate records any easements, deed restrictions, or environmental covenants restricting the use of the Gulfport Facility (or Gulfport Adjoining Parcels, if conveyed to the Environmental Response Trust) requested by the Environmental Agencies in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. Nothing in the Settlement Agreement or this Agreement is intended to or shall be construed to terminate or otherwise amend any easements, deed restrictions, or environmental covenants of record as to the Gulfport Facility or Gulfport Adjoining Parcels existing prior to the Effective Date. The Environmental Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record, including the Environmental Covenant filed on May 26, 2015 with the Xxxxxxxx County Chancery Court Clerk for the First Judicial District, as to the Gulfport Facility.
Access and Deed Restrictions. The Custodial Trustee shall provide the TCEQ and the United States and their representatives and contractors with reasonable access at all reasonable times to the Designated Properties for the purposes of conducting Environmental Actions or related activities at or near the Designated Properties. The Custodial Trustee shall implement any institutional controls or deed restrictions requested by the Beneficiaries with respect to any of the Designated Properties. The Custodial Trustee shall execute and record in the appropriate local real estate records any easements or deed restrictions restricting the use of the Designated Properties requested by the Beneficiaries in order to protect public health, welfare or safety or the environment or ensure non-interference with or protectiveness of any action. The Custodial Trustee shall abide by the terms of any institutional controls or deed restrictions in place or of record as to any Designated Property.
