Allocation of Responsibility Between SSA and NT Retail for Specified Remediation Marketing Liabilities Sample Clauses

Allocation of Responsibility Between SSA and NT Retail for Specified Remediation Marketing Liabilities. (i) SSA shall be solely responsible for and indemnify, defend and hold harmless the NT Retail Indemnitees from and against any and all costs and expenses for Remediation Activities arising from or related to the Newly Discovered SSA Retained Marketing Environmental Conditions, including off-site migration of Hazardous Substances thereof, that exceed the Marketing Environmental Deductible Amounts (the “SSA Retained Marketing Remediation Liabilities”) (it being the intention of the Parties that, except as provided in the proviso below, NT Retail shall be responsible for the first $100,000 of Remediation costs and expenses arising out of or related to each separately identifiable Newly Discovered SSA Retained Marketing Environmental Condition, but that NT Retail shall be responsible for no more than $3,000,000 of total Remediation costs and expenses for all Newly Discovered SSA Retained Marketing Environmental Conditions combined); provided, however, that to the extent a Newly Discovered SSA Retained Marketing Environmental Condition (A) is at, in or under a Specified Marketing Site and (B) is or is reasonably probable to have arisen from chlorinated solvents commonly used for dry cleaning purposes, then SSA shall be fully responsible for any and all costs and expenses for Remediation Activities arising from or related to such chlorinated solvents, and such costs and expenses shall not be subject to or included in any calculation of the Marketing Environmental Deductible Amounts (it being understood that all costs and expenses for Remediation Activities arising from or related to Newly Discovered SSA Retained Marketing Environmental Conditions at, in or under the Specified Marketing Sites that are not or are not reasonably probable to have arisen from chlorinated solvents commonly used for dry cleaning purposes shall be subject to and included in any calculation of the Marketing Environmental Deductible Amounts);
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Related to Allocation of Responsibility Between SSA and NT Retail for Specified Remediation Marketing Liabilities

  • Allocation of Responsibilities The persons responsible for the Plan and the duties and responsibilities allocated to each are as follows:

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  • Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager:

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  • Quality of Services Subject to Section 1.3, Provider shall perform each of the Services (i) in a workmanlike and professional manner, (ii) with the same degree of care as it exercises in performing its own functions of a like or similar nature, (iii) utilizing individuals of suitable experience, training and skill, and (iv) in a timely manner in accordance with the provisions of this Services Agreement.

  • Six Month Delay for Specified Employees If any payment, compensation or other benefit provided to the Executive in connection with his employment termination is determined, in whole or in part, to constitute “nonqualified deferred compensation” within the meaning of Section 409A and the Executive is a “specified employee” as defined in Section 409A, no part of such payments shall be paid before the day that is six months plus one day after the Executive’s date of termination or, if earlier, the Executive’s death (the “New Payment Date”). The aggregate of any payments that otherwise would have been paid to the Executive during the period between the date of termination and the New Payment Date shall be paid to the Executive in a lump sum on such New Payment Date. Thereafter, any payments that remain outstanding as of the day immediately following the New Payment Date shall be paid without delay over the time period originally scheduled, in accordance with the terms of this Agreement.

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