Air Permit. The Contractor shall be responsible for obtaining an air permit through the Virginia Department of Environmental Quality if required. The air permit may be required for the operation of heating units, emergency generators, other fossil fuel fire equipment, painting, storage tanks and other emission generating materials. The Contractor shall provide the Airports Authority with copies of correspondence with the regulatory agencies concerning allegations of material noncompliance with environmental laws.
Air Permit. (a) Each Party has received and reviewed the Air Quality Survey of ACE Controls' Farmington Hills, Michigan facility prepared by Dragun Corporation ("Dragun"), dated February 5, 2001 (the "Air Quality Survey"). In the Air Quality Survey, Dragun concluded that ACE Controls is required to apply for a "permit to install" under the Michigan Air Pollution Control Rules (the "Air Permit").
(b) The Parties agree that, as promptly as is practicable after the Closing Date, ACE Controls shall apply for the Air Permit. The Sellers, jointly and severally, shall be required to reimburse ACE Controls in an amount equal to the costs incurred in connection with preparing and submitting the application and any liabilities, fines or penalties arising out of the failure to apply for the Air Permit in accordance with applicable Environmental Laws (including attorneys' and consultants' fees, costs, and expenses; any filing and related administrative fees; and the costs of any equipment or improvements required by the State of Michigan in connection with the Air Permit). Notwithstanding anything in this Agreement to the contrary, the Sellers shall not have any obligation to reimburse the Purchaser for, or indemnify or hold the Purchaser harmless from, any costs, expenses or other losses incurred by the Purchaser in obtaining the Air Permit in excess of the minimum costs and expenses required by the State of Michigan to obtain the Air Permit.
(c) The Purchaser promptly shall notify the Sellers and provide the Sellers with a copy of any data, information, documents, reports or other materials relating to the Air Permit. The Sellers may, at their own cost and expense, retain consultants and/or counsel to monitor the Purchaser's actions regarding the Air Permit. The Purchaser shall provide the Sellers with a copy of any plan or proposed actions or agreements with governmental agencies and shall give the Sellers at least thirty days to comment on such plans, actions or agreements, except where a shorter time period is necessary for the Purchaser to comply with a regulatory time period or order or with a demand from a governmental agency. The Purchaser shall consider and incorporate all reasonable comments from the Sellers in such plans and agreements. Subject to the above, the Purchaser shall make all final decisions as to the scope and implementation of any plans, action or agreements.
(d) Except as set forth in the following sentence, such reimbursement obligation shall not be pai...
Air Permit. Without impairing or derogating from their indemnification obligations herein set forth, Shareholders shall cause the Company to apply for, as soon as practicable and prior to the Closing, any air or other permits required for the conduct of the Company's business which have not been obtained.
Air Permit. (a) The Partnership will, within four weeks prior to the date of expiration of the Construction Permit, either (i) obtain an Operating Permit with which it can comply or obtain modifications to the Construction Permit satisfactory to the Independent Engineer or (ii) commence the implementation of such mechanical or technical alterations to the Facility which, in the reasonable judgment of the Independent Engineer, are necessary for the Partnership to obtain such an Operating Permit prior to the expiration of the Construction Permit.
(b) For purposes hereof, "Construction Permit" means the permit listed as item II.8. on Part A of Schedule 3 hereto, Amendment and Restatement of Loan Agreement
Air Permit. Buyer and Seller acknowledge that the MDF Facility may
Air Permit. The Parties will work together in good faith to obtain whatever permit modifications may be reasonably required so that the Rolling Mill is covered by a separate Clean Air Act Title V permit than the Smelter and Power Plant. The Parties agree to adhere to the rights and obligations set out in Exhibit C-1 to maintain the ambient air boundary in Landlord’s Title V permit as required by Applicable Law. Landlord’s current ambient air boundary is depicted in Exhibit C-2.
Air Permit. There is currently one permit for the Port Cargill facility and that permit is in the process of being split into one permit for the Cargill Parcel and one permit for the Holding Company Parcel.
Air Permit. If the Air Permit shall have been modified, revoked, canceled or suspended, or proceedings shall have been commenced under any Applicable Law for the modification, revocation, suspension or cancellation of the Air Permit, then, provided that no such event is caused by the negligence of Multitrade to comply with the terms of the Air Permit, Multitrade may discontinue provision of the Multitrade Services hereunder and DuPont shall pay a Termination Payment as provided in Section 13.3.
Air Permit. The Air Permit shall have been issued on terms reasonably acceptable to Multitrade on or before February 1, 1998, shall be in full force and effect and not subject to revocation, amendment or modification.
Air Permit. If the air permit for the Facility, as originally issued, is amended such that the maximum number of Run Hours or the minimum load, as determined by environmental restrictions contained in the air permit, materially reduces the availability of the Facility, Seller shall provide Buyer with prompt written notice of such amendment, and Buyer shall have the right to terminate this Agreement by providing written notice to Seller within ninety (90) Days of Buyer’s receipt of notice of any such amendment, with any such termination to be effective ninety (90) Days after delivery of such termination notice. Seller and Buyer shall not be liable for any damages resulting from an early termination of this Agreement pursuant to this Section 25.2. If the Facility’s air permit is amended by any Governmental Authority, Seller shall promptly notify Buyer of any modifications to the Operational Limitations as may be necessary to comply with the amended air permit. Notwithstanding the above, Seller shall have the duty to use its commercially reasonable efforts to oppose any amendment that may adversely affect the dispatch rights provided for herein.
