Clean Up Notices Sample Clauses

Clean Up Notices. (a) If a Clean Up Notice is served on TfNSW, RMS, Sydney Ferries or the Operator relating to Contamination in, on or under (or which has emanated from or is emanating from) the State Premises, then: (i) if the Operator receives the Clean Up Notice the Operator must promptly provide TfNSW with a copy of the Clean Up Notice; (ii) if TfNSW, RMS or Sydney Ferries receives the Clean Up Notice TfNSW must promptly provide the Operator with a copy of the Clean Up Notice; (iii) TfNSW and the Operator must meet as soon as practicable after service of the Clean Up Notice to determine, to the extent possible, whether and to what extent the Clean Up Notice relates to Pre-existing Contamination or Subsequent Contamination; (iv) to the extent that the Clean Up Notice relates solely to Subsequent Contamination, the Operator will at its sole cost and expense be responsible for complying with the Clean Up Notice; (v) to the extent that the Clean Up Notice relates to both Pre-existing Contamination and Subsequent Contamination, the Operator will be responsible for complying with the Clean Up Notice to the extent that it relates to Subsequent Contamination; (vi) to the extent that the Clean Up Notice relates to Pre-existing Contamination, TfNSW will at its sole cost and expense be responsible for complying with the Clean Up Notice; and (vii) the Operator must provide TfNSW, RMS or Sydney Ferries with such access to the State Premises and other assistance as TfNSW, RMS or Sydney Ferries may reasonably require in order to investigate, assess or manage the risk created by the existence or suspected existence of any Pre-existing Contamination. (b) If TfNSW and the Operator cannot agree within a reasonable period to what extent the Clean Up Notice relates to Pre-existing Contamination or to Subsequent Contamination: (i) TfNSW and the Operator will: (A) refer the matters in dispute to be determined by an Environmental Auditor to be approved by TfNSW and the Operator (such approval not to be unreasonably withheld or delayed). If TfNSW and the Operator cannot agree on the appointment of an Environmental Auditor within a reasonable period, TfNSW may determine who will be appointed as the Environmental Auditor; (B) arrange for the Environmental Auditor to investigate the State Premises the subject of the Clean Up Notice and prepare and provide to TfNSW and the Operator a report in accordance with all applicable Environmental Laws and relevant Governmental Agency guidelines and in accor...
Sample 1
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Clean Up Notices. (a) Subject to paragraphs (b) and (c) and to paragraph 4.2(h), the State indemnifies each of the Company and the Trustee for the reasonable costs of complying with a clean-up notice issued by the EPA under section 62A(1)(a) of the Environment Protection Act (including cleaning up pollution in accordance with such notice) or of cleaning up pollution the continued existence of which is likely to result in the issue of such a notice, in respect of pollution on any part of the Project Land specified as Crown Land in the Property Schedule, or any part of the Lay Down Areas or Off- Site Areas, ("the Polluted Land") where the State, a Victorian Government Agency or an occupier of the Polluted Land (while in occupation) caused or permitted the pollution to occur before the earlier of: (i) the later of the date specified in the Agreed Timetable in relation to the parcel of land that included that Polluted Land (which, in the case of an Off-Site Area is deemed to be the date referred to in sub-paragraph 4.2(a)(ii) in relation to that area) and the date the State procures the grant of the licence or powers (as applicable) in relation to that parcel in accordance with paragraph 4.2(a); and (ii) the date on which the Company or the Trustee takes possession of that land. (b) The indemnity conferred under paragraph (a) shall not apply in relation to particular pollution if: (i) the existence of such pollution could have been discovered by making a search of publicly available EPA records or registers on 26 April 1995; or (ii) the existence of such pollution was known to the Construction Contractor before 28 July 1995 or was outlined in letter of 28 July 1995 from Axis Environmental Consultants Pty. Ltd. to, amongst others, the Authority. (c) For the purpose of this clause 12.7, paragraph 3(b) of Schedule 2 and Item 2 of column 1 of the Appendix: (i) pollution includes contamination; (ii) the Company and the Trustee shall have the onus of proving in each instance that any particular pollution of land referred to in paragraph (a) existed on that land before the earlier of: (A) the later of the date specified in the Agreed Timetable in relation to the parcel of land that includes the relevant land (which in the case of an Off-Site Area, is deemed to be the date referred to in sub-paragraph 4.2(a)(ii) in relation to that area) and the date the State procures the grant of the licence or power, (as applicable) in relation to that parcel in accordance with paragraph 4.2(a); and...
Sample 1

Related to Clean Up Notices

  • 5Notices A. 5.1Any notice or other communication which is to be given by either Party to the other shall be issued by the E-Sourcing Messaging Facility. Where, for legal or other reasons, this is not possible, notice shall be given by letter, (sent by hand or post, registered post or recorded delivery), or transmitted by facsimile or e-mail, confirmed in either case by written letter. Such notice or communication shall be deemed to have been given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours. A. 6Mistakes in Information

  • Environmental Notices The Borrower shall notify the Administrative Agent in writing, promptly upon any representative of the Borrower or other employee of the Borrower responsible for the environmental matters at any Property of the Borrower learning thereof, of any of the following (together with any material documents and correspondence received or sent in connection therewith): (a) notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of the Release or threatened Release of any Contaminant into the environment, if such liability would result in a Material Adverse Effect; (b) notice that the Borrower or any of its Subsidiaries is subject to investigation by any Governmental Authority evaluating whether any Remedial Action is needed to respond to the Release or threatened Release of any Contaminant into the environment which is reasonably likely to result in a Material Adverse Effect; (c) notice that any Property of the Borrower or any of its Subsidiaries is subject to an Environmental Lien if the claim to which such Environmental Lien relates would result in a Material Adverse Effect; (d) notice of violation by the Borrower or any of its Subsidiaries of any Environmental, Health or Safety Requirement of Law which is reasonably likely to result in a Material Adverse Effect; (e) any condition which might reasonably result in a violation by the Borrower or any Subsidiary of the Borrower of any Environmental, Health or Safety Requirement of Law, which violation would result in a Material Adverse Effect; (f) commencement of or written notice of intent to commence any judicial or administrative proceeding alleging a violation by the Borrower or any of its Subsidiaries of any Environmental, Health or Safety Requirement of Law, which would result in a Material Adverse Effect; (g) new or proposed changes to any existing Environmental, Health or Safety Requirement of Law that could result in a Material Adverse Effect; or (h) any proposed acquisition of stock, assets, real estate, or leasing of Property, or any other action by the Borrower or any of its Subsidiaries that could subject the Borrower or any of its Subsidiaries to environmental, health or safety Liabilities and Costs which could result in a Material Adverse Effect.

  • 2Notices (a) All notices, requests and demands to or upon the respective parties hereto to be effective shall be in writing (including by facsimile or electronic mail), and, unless otherwise expressly provided herein, shall be deemed to have been duly given or made when delivered, or three (3) Business Days after being deposited in the mail, postage prepaid, or, in the case of facsimile or electronic mail notice, when received, addressed as follows in the case of Holdings, Borrower and the Administrative Agent, and as set forth in an administrative questionnaire delivered to the Administrative Agent in the case of the Lenders, or to such other address as may be hereafter notified by the respective parties hereto: Borrower/Holdings: Enfusion LTD. XXX000 Xxxxx Xxxxx Xxxxxx, Suite 750Chicago, IL 60603Attention: LegalEmail: xxxxx@xxxxxxxxxxxxxxx.xxx​ ​ and a copy to:​Xxxxxxx Procter LLP100 Northern AvenueBoston, MA 02210Attention: Xxxx X. SmithEmail: xxxxxxxxx@xxxxxxxxxx.xxx​ Administrative Agent: Silicon Valley Bank2400 Hanover StreetPalo Alto, CA 94304Attention: Xxxxxxx WillardEmail: xxxxxxxx0@xxx.xxx ​ with a copy to:Xxxxxxxx & Xxxxxxxx XXX000 Xxxxxxxxx XxxxxxXxxxxx, Xxxxxxxxxxxxx 02116Attention: Xxxxxxx X. Xxxxxxx, Esq.E-Mail: xxxxxxxx@xxxx.xxx ​ provided that any notice, request or demand to or upon the Administrative Agent or the Lenders shall not be effective until received. (b) Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communications (including email and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Section 2 unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or any Loan Party may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (a) notices and other communications sent to an email address shall be deemed received upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email or other written acknowledgment); and (b) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its email address as described in the foregoing clause (a) of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (a) and (b), if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, email address, or facsimile number for notices and other communications hereunder by notice to the other parties hereto. ​ ​ ​ (d) (i) Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, DebtX, Syndtrak or a substantially similar electronic transmission system (the “Platform”).

  • 1Notices Any notice, communication, request, instruction or other document by any party to another required or permitted hereunder shall be given in writing and addressed as set forth below. Any such notice, communication, request, instruction or other document shall be deemed to have been duly made or given and the receiving Party charged with notice as follows: (a) if personally delivered, when received; (b) if sent by facsimile, with electronic confirmation of delivery, if sent during normal business hours on a Business Day, and if not sent during normal business hours on a Business Day, on the next subsequent Business Day; (c) if mailed certified mail, return receipt requested, on the day such notice is received, and if such day is not a Business Day, on the next subsequent Business Day, or (d) if sent by overnight courier, the next Business Day after placement into the custody of the overnight courier. All notices shall be addressed as follows: If to Buyer, to: Sendero Petroleum, LLC 0000 Xxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxxxxxxx, Chief Executive Officer Fax: 361‑888‑8353 with a copy (which shall not constitute Notice) to: Wood, Xxxxxx & Xxxxxx, PC 000 X. Xxxxx Xxxxxxxx, Xxxxx 0000 Xxxxxx Xxxxxxx, Xxxxx 00000 Attention: Xxxxxx X. Xxxxxx Fax: 361‑888‑8353 E-Mail: XXX@xxxxx.xxx If to Seller, to: SEP Holdings IV, LLC 0000 Xxxx Xx., Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xx. Xxxxxxx X. Ward, Chief Financial Officer Fax: (832) 308‑3720 E-Mail: Xxxxx.Xxxx@xxxxxxxxxxxxxx.xxx with a copy (which shall not constitute Notice) to: Xxxxxxx Xxxxx Xxxxxx LLP 000 Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxx Fax: (713) 220‑4285 E-Mail: xxxxxx@xxxxxxxxxxxx.xxx A Party may, by written notice so delivered to the other Parties, change its address for notice purposes hereunder.

  • ERISA Notices The Borrower shall deliver or cause to be delivered to the Administrative Agent, at the Borrower’s expense, the following information and notices as soon as reasonably possible, and in any event: (a) within fifteen (15) Business Days after the Borrower or any ERISA Affiliate knows or has reason to know that an ERISA Termination Event has occurred, a written statement of the chief financial officer of the Borrower describing such ERISA Termination Event and the action, if any, which the Borrower or any ERISA Affiliate has taken, is taking or proposes to take with respect thereto, and when known, any action taken or threatened by the IRS, DOL or PBGC with respect thereto; (b) within fifteen (15) Business Days after the Borrower or any ERISA Affiliate knows or has reason to know that a prohibited transaction (defined in Sections 406 of ERISA and Section 4975 of the Internal Revenue Code) has occurred, a statement of the chief financial officer of the Borrower describing such transaction and the action which the Borrower or any ERISA Affiliate has taken, is taking or proposes to take with respect thereto; (c) within fifteen (15) Business Days after the filing of the same with the DOL, IRS or PBGC, copies of each annual report (form 5500 series), including Schedule B thereto, filed with respect to each Plan; (d) within fifteen (15) Business Days after receipt by the Borrower or any ERISA Affiliate of each actuarial report for any Plan or Multiemployer Plan and each annual report for any Multiemployer Plan, copies of each such report; (e) within fifteen (15) Business Days after the filing of the same with the IRS, a copy of each funding waiver request filed with respect to any Plan and all communications received by the Borrower or any ERISA Affiliate with respect to such request; (f) within fifteen (15) Business Days after the occurrence of any material increase in the benefits of any existing Plan or Multiemployer Plan or the establishment of any new Plan or the commencement of contributions to any Plan or Multiemployer Plan to which the Borrower or any ERISA Affiliate was not previously contributing, notification of such increase, establishment or commencement; (g) within fifteen (15) Business Days after the Borrower or any ERISA Affiliate receives notice of the PBGC’s intention to terminate a Plan or to have a trustee appointed to administer a Plan, copies of each such notice; (h) within fifteen (15) Business Days after the Borrower or any of its Subsidiaries receives notice of any unfavorable determination letter from the IRS regarding the qualification of a Plan under Section 401(a) of the Internal Revenue Code, copies of each such letter; (i) within fifteen (15) Business Days after the Borrower or any ERISA Affiliate receives notice from a Multiemployer Plan regarding the imposition of withdrawal liability, copies of each such notice; (j) within fifteen (15) Business Days after the Borrower or any ERISA Affiliate fails to make a required installment or any other required payment under Section 412 of the Internal Revenue Code on or before the due date for such installment or payment, a notification of such failure; and (k) within fifteen (15) Business Days after the Borrower or any ERISA Affiliate knows or has reason to know (i) a Multiemployer Plan has been terminated, (ii) the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, or (iii) the PBGC has instituted or will institute proceedings under Section 4042 of ERISA to terminate a Multiemployer Plan, notification of such termination, intention to terminate, or institution of proceedings. For purposes of this Section 8.5, the Borrower and any ERISA Affiliate shall be deemed to know all facts known by the “Administrator” of any Plan of which the Borrower or any ERISA Affiliate is the plan sponsor.

  • A5 Notices Except as otherwise expressly provided within the Contract, no notice or other communication from one Party to the other shall have any validity under the Contract unless made in writing by or on behalf of the Party concerned.

  • Statutory Notices Notwithstanding anything to the contrary in this Section 15, any written notice, other than as specifically set forth in this Section 15, required by any statute or law now or hereafter in force is hereby waived by Tenant to the fullest extent available under law. Any notice given by City pursuant to Section 15.1 may be the notice required or permitted pursuant to Section 1161 et seq. of the California Code of Civil Procedure or successor statutes, and the provisions of this Lease will not require the giving of a notice in addition to the statutory notice to terminate this Lease and Tenant’s right to possession of the Premises. The periods specified in Section 15.1 within which Tenant is permitted to cure any default following notice from City will run concurrently with any cure period provided by applicable laws.

  • Public Notices The Parties agree that all notices to third parties and all other publicity concerning the transactions contemplated by this Agreement shall be jointly planned and coordinated and no Party shall act unilaterally in this regard without the prior approval of the others, such approval not to be unreasonably withheld.

  • Review Notices On receipt of a Review Notice from the Indenture Trustee according to Section 7.2 of the Indenture, the Asset Representations Reviewer will start a Review. The Asset Representations Reviewer will not be obligated to start a Review until a Review Notice is received.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

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