Asbestos Remediation Sample Clauses

Asbestos Remediation. The Charter School shall comply with the terms of any applicable asbestos remediation plan.
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Asbestos Remediation. Purchaser shall within the Inspection Period, at the sole cost and expense of the Seller, obtain an asbestos survey of the Land and the Improvements in form and substance reasonably acceptable to Purchaser and Seller sufficient to enable the parties to determine the asbestos remediation required or appropriate (the "Asbestos Survey"). Seller agrees that the costs of such remediation shall include (i) the costs of obtaining the Asbestos Survey (for which Seller shall reimburse Purchaser), (ii) the cost of the Theater Remediation (as defined below), and (iii) the amount of the cost estimate for remediating the asbestos and the asbestos containing materials in the Xxxxx XxXxxxxx building located on Parcel 3 (items (i), (ii) and (iii) being referred to collectively as the "Remediation Items"), Seller and Purchaser have agreed that bids from AFM Environmental, Inc. dated June 24, 1996 and ATC Environmental, Inc. dated October 14, 1996 are reasonably acceptable to Seller and Purchaser for the completion of the Remediation Items (the "Remedition Estimate"). To the extent that the accepted Remediation Estimate exceeds $150,000 (the "Asbestos Cap"), Purchaser and Seller agree to pay equally any such excess amount over the Asbestos Cap. If this Contract remains in effect during the period prior to the Closing Date (the "Remediation Period") Seller shall remediate, to levels established in the Remediation Estimate and reasonably acceptable to Purchaser, the asbestos and the asbestos containing materials only on the land and in the improvements that comprise the theater complex located on Parcel 2 (the "Theater Remediation"). During the Remediation Period, Seller shall be entitled to utilize the Xxxxxxx Money Deposit (as defined in Section 3.1 hereof) for the Theater Remediation. Purchaser shall be under no obligation to replenish the Xxxxxxx Money Deposit for any amounts actually use by Seller for the Theater Remediation. Seller shall use its best efforts to minimize the costs of the Theater Remediation and shall do so, in part, by completing partial interior demolition of the theater complex in connection with the Theater Remediation. If Seller's costs actually incurred in performing the Theater Remediation are less than the Asbestos Cap, an amount equal to the unspent portion of the Asbestos Cap shall be paid to Purchaser at Closing to reimburse Purchaser for expenses incurred or to be incurred in performing asbestos remediation work on the Xxxxx XxXxxxxx and Bank ...
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Asbestos Remediation. The ongoing and concurrent asbestos remediation efforts contracted by the Town of Oxford, CT are specifically excluded from the scope of the work of Catalyst Construction Services LLC, as defined by these Contract Documents, and is specifically the responsibility of others. Catalyst Construction Services LLC shall not be held liable or responsible for the asbestos abatement and remediation efforts conducted by others. The scope of the asbestos remediation efforts must be contained and isolated from the scope of the work, as defined in these Contract Documents, and Catalyst Construction Services LLC is hereby indemnified by the Town of Oxford, CT should any delays or issues arise on site during the scope and commencement of the work defined by these contract documents, as a result of the asbestos remediation efforts conducted by others. Any retainage as defined by Article 5.1.7, and further detailed in Article 5.1.7.1 shall not include any delays resulting from the concurrent and ongoing asbestos remediation efforts conducted by others. Should the asbestos abatement work conducted by others cause delays to this scope of the work as defined by these Contract Documents, Article 14 of the General Provisions of the AIA Document A201-2007 shall govern.
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Asbestos Remediation. If any Clean-Up of any Existing Asbestos Containing Materials is required to be performed by any federal, state or local governmental entity and if the Doctors & Fort Worth Facilities will no longer be permitted under applicable law to operate for their Primary Intended Use unless such Clean-Up is performed (a “Required Asbestos Clean-Up”), then Lessee shall promptly notify Lessor of such Required Asbestos Clean-Up. Within thirty (30) days of the determination that a Required Asbestos Clean-Up must be done, Lessee shall provide Lessor with an estimate of the Asbestos Clean-Up Cost. Lessor shall fund one half of the Asbestos Clean-Up Cost (which funding may be in the form of an agreement to axxxx Base Rent for a period of time commencing on the date that Lessee commences the Required Asbestos Clean-Up). Lessee shall promptly undertake and diligently perform such Required Asbestos Clean-Up and, upon completion, shall provide Lessor with an accounting of all Asbestos Clean-Up Costs, including adequate evidence of payment by Lessee of such costs. Notwithstanding the foregoing, if such Required Asbestos Clean-Up would not have been required by, or otherwise come to the attention of, any governmental entity, but for the renovations or alterations of the Facility occurring after the Commencement Date or as a result of the actions or omissions of Lessee, a Sublessee, a Manager or other agent of Lessee, including the failure to abide by Asbestos Management Plans, then Lessor shall have no obligation to fund any portion of the Asbestos Clean-Up Costs and Lessee shall be solely responsible for such Required Asbestos Clean-Up. Lessee acknowledges receipt of copies of the Asbestos Management Plans.
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Asbestos Remediation. MIT shall provide advance notice to affected employees of asbestos removal projects in their immediate work area.
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Asbestos Remediation. If any asbestos or asbestos-containing materials for which Remediation is required by any Environmental Requirement is or becomes located in any structures (whether above-grade or below-grade) on the Premises, the Lessee shall conduct the abatement and removal of all of such asbestos and asbestos-containing materials located in all structures (whether above-grade or below-grade) necessary for performance of the D&C Work and the handling, transporting and off-Airport disposal thereof (including, if required, disposal of asbestos in an off-Airport long-term asbestos disposal facility), all of the foregoing to be performed and completed as required by and in accordance with Environmental Requirements; provided Lessee shall have no obligation during the D&C Work to xxxxx or remove any asbestos or asbestos-containing materials located in structures on the Premises that Lessee does not disturb during performance of the D&C Work and that is not otherwise required to be Remediated under Environmental Requirements. Any asbestos or asbestos-containing materials that remain in place in underground locations following the D&C Work shall be removed, encapsulated or otherwise abated if disturbed by future construction or excavation, or if otherwise required by Environmental Requirements. Any asbestos or asbestos-containing material that remains exposed above ground shall either be removed, encapsulated or otherwise abated if required by Environmental Requirements or may remain in place if inspected and maintained in a condition that permits continued use under Environmental Requirements.
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Asbestos Remediation. The following provision shall be added to the Purchase Agreement as Section 7(e):
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Asbestos Remediation. The SWSS shall comply with the terms of any applicable asbestos remediation plan.
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Asbestos Remediation. If between the Effective Time and June 1, 1996 the Surviving Corporation shall be required under Environmental Laws to remove any asbestos from buildings or tenant improvements located on either of the parcels of Leased Real Property occupied by the Company as of the date hereof, such removal shall be conducted in a manner intended to minimize the cost thereof to the greatest extent reasonably possible under the circumstances while still complying with Environmental Laws relating to such removal.
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Related to Asbestos Remediation

  • Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material. (b) Borrower will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Change. (c) If there is any conflict between this Section 6.10 and any environmental indemnity agreement which is a Financing Document, the environmental indemnity agreement shall govern and control.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Remediation The Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Lessee Remediation Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.

  • Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.

  • HAZARDOUS MATERIALS INDEMNITY Lessee covenants, represents and warrants to Lessor, its successors and assigns, (i) that it has not used or permitted and will not use or permit the Leased Premises to be used, whether directly or through contractors, agents or tenants, and to the best of Lessee's knowledge and except as disclosed to Lessor in writing, the Leased Premises has not at any time been used for the generating, transporting, treating, storage, manufacture, emission of, or disposal of any dangerous, toxic or hazardous pollutants, chemicals, wastes or substances as defined in the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), the Federal Resource Conservation and Recovery Act of 1976 ("RCRA"), or any other federal, state or local environmental laws, statutes, regulations, requirements and ordinances ("Hazardous Materials"); (ii) that there have been no investigations or reports involving Lessee, or the Leased Premises by any governmental authority which in any way pertain to Hazardous Materials (iii) that the operation of the Leased Premises has not violated and is not currently violating any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials; (iv) that the Leased Premises is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites nor any other list, schedule, log, inventory or record of Hazardous Materials or hazardous waste sites, whether maintained by the United States Government or any state or local agency; and (v) that the Leased Premises will not contain any formaldehyde, urea or asbestos, except as may have been disclosed in writing to Lessor by Lessee at the time of execution and delivery of this Lease. Lessee agrees to indemnify and reimburse Lessor, its successors and assigns, for: (a) any breach of these representations and warranties, and (b) any loss, damage, expense or cost arising out of or incurred by Lessor which is the result of a breach of, misstatement of or misrepresentation of the above covenants, representations and warranties, and (c) any and all liability of any kind whatsoever which Lessor may, for any cause and at any time, sustain or incur by reason of Hazardous Materials discovered on the Leased Premises during the term hereof or placed or released on the Leased Premises by Lessee; together with all attorneys' fees, costs and disbursements incurred in connection with the defense of any action against Lessor arising out of the above. These covenants, representations and warranties shall be deemed continuing covenants, representations and warranties for the benefit of Lessor, and any successors and assigns of Lessor and shall survive expiration or sooner termination of this Lease. The amount of all such indemnified loss, damage, expense or cost, shall bear interest thereon at the lesser of 15% or the highest rate of interest allowed by law and shall become immediately due and payable in full on demand of Lessor, its successors and assigns.

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment.

  • Hazardous Materials Activities, Etc Each Credit Party shall promptly take, and shall cause each of its Subsidiaries promptly to take, any and all actions necessary to (i) cure any violation of applicable Environmental Laws by such Credit Party or its Subsidiaries that could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, and (ii) make an appropriate response to any Environmental Claim against such Credit Party or any of its Subsidiaries and discharge any obligations it may have to any Person thereunder where failure to do so could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.

  • Survival Regardless of Investigation The indemnification and contribution provided for herein will remain in full force and effect regardless of any investigation made by or on behalf of Indemnitee or any officer, director, employee, agent or controlling person of Indemnitee.

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