Category 1, 2, 3 and 4 Soils; Incremental Costs Sample Clauses

Category 1, 2, 3 and 4 Soils; Incremental Costs. The CMMP will provide that (a) Category 1 soils will be disposed of by Lessee at its cost and expense, and (b) Category 2 and 3 soils will be placed by Lessee, at its cost and expense, on a site designated by Lessor in writing on or before the Effective Date, which site shall be within a ten (10) mile radius of the Premises. Lessor and Lessee will share incremental costs associated with the removal or remediation of Category 4 soils from the Premises with Lessor paying ninety percent (90%) and Lessee paying ten percent (10%) of all such incremental costs; provided that Lessor’s liability for such incremental costs associated with the Premises and the other real property that Lessee or an entity affiliated with LPC West, Inc. leases or purchases from Lessor pursuant to the DDA shall not exceed two million four hundred thousand dollars ($2,400,000.00) in the aggregate. At such time as Lessor has expended $2,400,000 in the aggregate whether for the Premises and/or other real property that Lessee or an entity affiliated with LPC West, Inc. leases or purchases from Lessor pursuant to the DDA, Lessor shall have no further obligation to share in the incremental costs associated with the removal or remediation of Category 4 soils as provided above. On or before the Effective Date, Lessor, at no cost to Lessee, shall have obtained any and all permits and other approvals necessary for the site to which Lessee will deliver the Category 2 and 3 soils to, and for Lessor to receive the Category 2 and 3 soils at, the designated site, including the receipt, offloading, stacking, storage, distribution, management and maintenance of the soils at, on and about the designated site. Lessee’s compliance with the CMMP and delivery of the Category 2 and 3 soils to the designated site shall immediately and automatically result in a transfer of ownership and responsibility for such soils to Lessor, and Lessee shall have no further responsibility or liability for such soils whatsoever. If Xxxxxx believes that Xxxxxx has failed to comply with the CMMP for purposes of this Section 11, then within thirty (30) days of Xxxxxx’s delivery of the Category 2 and 3 soils to the designated site, Lessor shall so notify Lessee in a writing that sets forth in detail the alleged noncompliance. Failure of Lessor to timely provide such notice shall be deemed Xxxxxx’s waiver of any and all allegations that Xxxxxx failed to comply with the CMMP with respect to the Category 2 and 3 soils delivered to t...
AutoNDA by SimpleDocs

Related to Category 1, 2, 3 and 4 Soils; Incremental Costs

  • Billing Increments Unless otherwise stated in a Service Order, usage-based charges will be billed on either a per-minute or per- message basis. Service calls invoiced on a per-minute basis will have an initial minimum call duration of one (1) minute, subsequent intervals of one (1) minute each, and will be billed by rounding to the next whole minute.

  • Funding Increases Before the Funder can make an allocation of additional funds to the HSP, the parties will:

  • Step Increases (a) The following is the method used to determine service credit, since the last date of hire, for purposes of positioning on the salary range:

  • FUNDING INCREASE 1. The Commonwealth shall notify the Grantee in writing of any funding increases under this Agreement.

  • SALARY STEP INCREASES a. Increases to steps above the entry step shall be based on performance and length of service. The employee must have earned the equivalent of at least twenty-six

  • Longevity Increment All unit members who have completed the required years of District service, as defined below, shall be eligible to receive a longevity increment.

  • Annual Increments (a) For regular full-time Employees, a one-step increase within the salary range shall become effective as of the first day of April or the first day of October as the case may be. Where the anniversary date of an initial appointment falls between January 1 and June 30, the date of the increment increase will be April 1, and where between July 1 and December 31, the date of the increment increase will be October 1.

  • Longevity Increments 11.6.1 Each regular classified employee shall receive a two-range increase (5%) upon completion of five (5) years of satisfactory and continuous service. This increase will become effective at the beginning of the sixth year.

  • Step Increase Employees shall move to the next step of the salary schedule, only when agreed to specifically by parties in contract negotiations. If a step increase is provided, it shall be granted to those employees who receive an overall performance evaluation rating of “Effective” or higher. An employee who receives an overall performance evaluation of less than “Effective” shall not be eligible for the Board approved step increase; however, if the affected employee receives an overall performance evaluation of “Effective” or higher for the succeeding year he/she shall be granted the withheld step but not on a retroactive basis.

  • ANNUAL INCREMENT (1) Staff shall be entitled to an annual increment which shall be negotiated with the Union annually.

Time is Money Join Law Insider Premium to draft better contracts faster.