Baseline Environmental Assessments Sample Clauses

Baseline Environmental Assessments. After the Closing the Purchaser at its sole cost and expense may commission and pay for baseline environmental assessments (“BEAs”) pursuant to and in compliance with Part 201 (Environmental Remediation) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, (“NREPA”) and pursuant to and in further compliance with Section 324.20101 et seq of the Michigan Natural Resources and Environmental Protection Act, Public Act 451 of 1994 (“Part 201”) and any other Applicable Laws, and/or asbestos surveys at any of the Facilities located in the state of Michigan (“Michigan Facility” or collectively “Michigan Facilities”). Any BEA or asbestos survey shall be conducted by PM Environmental, or such other environmental consultant as is mutually agreed upon by Purchaser and Seller (“Consultant”). Purchaser shall direct Consultant not to conduct any investigation of subsurface soil or groundwater, surface water or indoor or outdoor air (“Investigations”) at the Michigan Facilities except where in Consultant’s best professional judgment such Investigations are either (1) necessary to update an existing BEA related to a Michigan Facility; or (2) specifically recommended by PM Environmental in the Environmental Reports in connection with Recognized Environmental Conditions. In either case, Purchaser shall cause its Consultant to use its best efforts to narrowly tailor such Investigations to address such objectives. Purchaser shall provide Seller with a scope of work at least ten (10) business days prior to commencing any Investigations. Purchaser shall provide Seller with a draft of any BEA and all attachments thereto at least ten (10) business days prior to Purchaser’s intended submittal of the BEA to the MDEQ and shall allow Seller to provide comments on the draft BEA prior to such submittal, such comments to be accepted or rejected by the Purchaser in its good faith reasonable discretion. Notwithstanding the foregoing, Purchaser shall, in good faith, consider Seller’s reasonable comments and may incorporate such comments at its discretion into the BEA. Purchaser shall provide Seller with a final copy of the BEA prior to submittal to the MDEQ. Purchaser shall, upon Seller’s request, furnish Seller with an updated list of any new Hazardous Substances used by Purchaser in connection with its operations on or about the Facilities after the Closing. Purchaser shall, upon Seller’s request, furnish Seller with copies of any draft and final asbestos su...
Sample 1
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Baseline Environmental Assessments. The Lessee has performed, and is performing, at its sole cost and expense, the environmental site assessment work with respect to the Additional Premises identified in the environmental site assessment documents attached hereto and incorporated herein as Exhibit 21 (Baseline Environmental Assessment) to provide information about the extent, if any, of Hazardous Substances present upon the Additional Premises existing as of the Additional Premises Effective Date resulting from or in connection with prior use and occupancy of the Additional Premises or areas from which Hazardous Substances may have migrated to the Additional Premises. The environmental assessment identified in this Section 77(a) is the “Baseline Environmental Assessment”.
Sample 1
Baseline Environmental Assessments. If during the course of any environmental investigation undertaken in conjunction with this Plan of Merger soil and/or groundwater contamination in excess of cleanup criteria established by the MDEQ pursuant to Part 201 or Part 213 of the Michigan Natural Resources and Environmental Protection Act (MCL 324.20101 et seq, MCL 324.21301 et seq) is identified at, on or under the Premises at a property for which ICNB can legally submit a BEA, then ICNB shall, at Acquirer’s request, submit a BEA to the MDEQ for a determination of adequacy. Acquirer shall have the right to review and comment on any BEA(s) prior to submission to the MDEQ. Prior to the Remediation Cost Deadline ICNB shall obtain from the MDEQ either: (i) favorable and conclusive written determination of adequacy of the BEA; or (ii) a conclusive written denial of the adequacy of the BEA.
Sample 1

Related to Baseline Environmental Assessments

  • Environmental Assessments Foreclose on or take a deed or title to any commercial real estate without first conducting a Phase I environmental assessment of the property or foreclose on any commercial real estate if such environmental assessment indicates the presence of a Hazardous Substance in amounts which, if such foreclosure were to occur, would be material.

  • Environmental Assessment In connection with its surrender of the Premises, Tenant shall submit to Landlord, at least fifteen (15) days prior to the expiration date of this Lease (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination), an environmental Assessment of the Premises by a competent and experienced environmental engineer or engineering firm reasonably satisfactory to Landlord (pursuant to a contract approved by Landlord and providing that Landlord can rely on the Environmental Assessment). If such Environmental Assessment reveals that remediation or Clean-up is required under any Environmental Laws that Tenant is responsible for under this Lease, Tenant shall submit a remediation plan prepared by a recognized environmental consultant and shall be responsible for all costs of remediation and Clean-up, as more particularly provided in Section 5.3, above.

  • Environmental Audits From time to time, as requested by Lender, at the sole expense of Borrower, Borrower shall provide Lender, or its designee, complete access to all of Borrower's facilities for the purpose of conducting an environmental audit of such facilities as Lender or its designees may deem necessary. Borrower agrees to cooperate with Lender with respect to any environmental audit conducted by Lender or its designee pursuant to this Section 5.10.

  • Environmental Site Assessments Upon request by Landlord during the Term of this Lease, prior to the exercise of any renewal Term and/or prior to vacating the Premises, Tenant will obtain and submit to Landlord an environmental site assessment from an environmental consulting company reasonably acceptable to Landlord.

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

  • Periodic Review of Costs of Environmental Compliance In the ordinary course of its business, the Company conducts a periodic review of the effect of Environmental Laws on the business, operations and properties of the Company and its subsidiaries, in the course of which it identifies and evaluates associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws or any permit, license or approval, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such review and the amount of its established reserves, the Company has reasonably concluded that such associated costs and liabilities would not, individually or in the aggregate, result in a Material Adverse Change.

  • Environmental Audit If required by the Administrative Agent, reports and other information in form, scope and substance satisfactory to the Administrative Agent and prepared by environmental consultants satisfactory to the Administrative Agent, concerning any environmental hazards or liabilities to which any Credit Party may be subject with respect to such Additional Mortgaged Property; and

  • Environmental Site Assessment Lender shall have the right, at any time and from time to time, to undertake an environmental site assessment on the Property, including any testing that Lender may determine, in its sole discretion, is necessary or desirable to ascertain the environmental condition of the Property and the compliance of the Property with Requirements of Environmental Laws. Borrower shall cooperate fully with Lender and its consultants performing such assessments and tests. If Lender undertakes such assessments because Lender reasonably believes contamination has occurred, or if the assessment reveals contamination not previously known to Lender, the expense of such assessment shall be paid by the Borrower. Otherwise, any such assessment shall be at Lender's expense.

  • Environmental Compliance The Borrower and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrower has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Preparation of Environmental Reports At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

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