Activity and Use Limitations. As part of the voluntary action remedy described in the NFA Letter, Owner hereby imposes and agrees to comply with the following activity and use limitations:
a. [Specify limitation language developed for the property] 7
Activity and Use Limitations. Notice is hereby further given that the following three (3) Notices of Activity and Use Limitations, pursuant to Massachusetts General Laws Chapter 21E, have been recorded with the Middlesex Southern District Registry of Deeds: (i) dated August 11, 1998, recorded at Book 28959, Page 92; (ii) dated August 11, 1998, recorded at Book 28959, Page 190, as amended by a First Amendment to Notice of Activity and Use Limitations, dated October 26, 1999, recorded at Book 30801, Page 319, as further amended by a Second Amendment to Notice of Activity and Use Limitations, dated December 9, 2019, recorded at Book 73807, Page 226; and (iii) dated February 4, 1999, recorded at Book 29766, Page 17, as amended by a First Amendment to Notice of Activity and Use Limitations, dated August 19th, 2004, recorded at Book 43589, Page 438, and as further amended by a Second Amendment to Notice of Activity and Use Limitation, dated February 28, 2005, recorded at Book 44737, Page 453 (collectively, the “Notices of AULs”). The restriction on activities conducted on the Premises and use limitations contained in the Notices of AULs are hereby incorporated by reference and shall be independently enforceable by the Army as a restrictive covenant and equitable servitude.
Activity and Use Limitations. As part of the conditions set forth in the 401 Certification issued to Company X and given the conservation values of the Covenant Area, the Owner hereby imposes and agrees to comply with the following activity and use limitations on the Covenant Area: Division: Any division or subdivision of the Covenant Area is prohibited; Commercial Activities: Commercial development or industrial activity on the Covenant Area is prohibited; Construction: The placement or construction of any man-made modifications such as buildings, structures, fences, roads and parking lots on the Covenant Area is prohibited, other than construction activities that are authorized by the 401 mitigation plan approved by the Ohio EPA;
Activity and Use Limitations. Activity and use limitations are included in a proposed Environmental Covenant developed pursuant to ORC 5301.80 to 5301.92 and OAC 0000-000-00. Following the issuance of a covenant not to sue for the Property, the Environmental Covenant will be recorded pursuant to ORC 3746.14 as a deed record for the Property.
Activity and Use Limitations. The Owner covenants on behalf of the Owner and the Owner’s heirs, successors and assigns, with the Holder, its successors and assigns, and with Ohio EPA, to refrain from severally and collectively, any activity on, or use of, the Property which is inconsistent with the purposes of this Covenant or detrimental to the Conservation Values expressed herein. Such activity or use is expressly prohibited. By way of example and without limitation, the Owner hereby imposes upon the Property, and the Owner and Xxxxxx agree to comply with the following limitations of activity and use of the Property:
Activity and Use Limitations. The following Activity and Use Limitations shall apply to the Property:
Activity and Use Limitations. [This paragraph needs to be consistent with the Final Report / Remedial Action Completion Report, particularly any postremediation care plan.] The Property is subject to the following activity and use limitations, which the then current owner of the Property, and its tenants, agents, employees and other persons under its control, shall abide by: [describe each specific restriction on land use, such as whether the property can be used only for non-residential purposes or whether the groundwater may be used as potable water; describe each obligation, such as groundwater monitoring, maintenance of a fence or cap.]
Activity and Use Limitations. The Environmental Covenant will subject the Project Site to the following activity and use limitations:
1. Groundwater shall not be used as a potable drinking water source.
2. Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank).
3. Any ground intrusive work (including, but not limited to excavation, digging and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Xxxxxxx, XXX) (“O & M Plan”). A copy of the draft O & M Plan has been provided to the Redeveloper.
Activity and Use Limitations. Notice is hereby given that in addition to the Notices of Activity and Use Limitations previously disclosed in Exhibit 5 of the Lease, an additional Notice of Activity and Use Limitation, pursuant to Massachusetts General Laws Chapter 21E, has been recorded with the Middlesex Southern District Registry of Deeds with respect to the Project of which the Premises are a part: Second Amendment to Notice of Activity and Use Limitations, dated December 9, 2019, recorded at Book 73807, Page 226. The restriction on activities conducted on the Premises and use limitations contained in the Notice of Activity and Use Limitation is hereby incorporated by reference and shall be independently enforceable by the United Stated through the Army as a restrictive covenant and equitable servitude.
Activity and Use Limitations. As part of the Environmental Response Project described above, the Owner hereby imposes and agrees to implement, administer, and maintain the following activity and use limitations. In the event the Owner conveys or transfers an interest in the Property or any portion thereof to another party, the Owner shall take necessary measures to ensure that the Transferee will implement, administer, and maintain the following activity and use limitations. [Add the following, if appropriate: If any event or action by or on behalf of a person or entity who owns an interest in or holds an encumbrance on the Property identified in paragraph 11 below, constitutes a breach of the activity and use limitations, Owner or Transferee shall notify the DEQ within thirty
