Compliance with ISRA. If Tenant’s operations at the Premises subject Tenant to the requirements of ISRA, then Tenant further agrees to implement and execute all of the provisions of this Section 11.5(b) in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, Tenant’s operations at the Premises subject Tenant to the requirements of ISRA, Tenant fails to obtain an unconditional Final Remediation Document (as defined in ISRA) from the New Jersey Department of Environmental Protection (“NJDEP”) or a Licensed Site Remediation Professional (as defined in ISRA), as the case may be, and evidence reasonably satisfactory to Landlord that all conditions to the effectiveness of such Final Remediation Document have been fully satisfied (including, for example, evidence that the document has been executed and delivered by all parties and, if applicable, filed with NJDEP), or if Tenant fails to otherwise comply with the provisions of ISRA prior to the Expiration Date, or if, with respect to any other Environmental Law, Tenant fails to fully comply with the applicable provisions of such other Environmental Law prior to the Expiration Date, in any of the foregoing cases, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental Law, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date. Without limiting Tenant’s obligations hereunder, if NJDEP commences an audit with respect to, or otherwise challenges or disapproves, any Final Remediation Document, Tenant shall take all actions required by NJDEP and Landlord to comply with the provisions of ISRA in connection therewith.
Compliance with ISRA. (a) Tenant agrees that it shall, at its sole cost and expense, fulfill, observe and comply with all of the requirements of the Industrial Site Recovery Act, N.J.
Compliance with ISRA. The Company agrees to use commercially reasonable efforts to achieve compliance with the New Jersey Industrial Site Recovery Act, 13:1K-6 et seq. and its implementing regulations, each as amended (“ISRA”) prior to Closing. The Company shall use commercially reasonable efforts to consult with Parent with respect to filings with the New Jersey Department of Environmental Protection in connection therewith.
Compliance with ISRA. Seller shall, prior to the Closing Date and at its cost and expense: (i) achieve Compliance with ISRA; or (ii) execute and submit to the NJDEP a Remediation Certification and, if required, a Remediation Funding Source (as such terms are defined under ISRA) in form and amount acceptable to the NJDEP or Seller’s LSRP permitting the consummation of the transaction contemplated by this Agreement and, from and after the Closing Date, take all actions required under applicable Environmental Laws in order to achieve Compliance with ISRA with respect to the Property in accordance with the terms and conditions of this Section 9.4.
Compliance with ISRA. (a) Securing a Remediation Agreement.
(i) With respect to each "industrial establishment" (as such term is defined under ISRA) owned or operated by Transferor, Transferor shall, prior to the Closing Date, obtain from the NJDEP and execute a Remediation Agreement ("RA") permitting the consummation of the transactions contemplated by this Agreement. Transferor and the Company shall be the ordered parties on the RA. Transferor shall prepare and file all documents required by the NJDEP to obtain such RA.
(ii) In connection with the Closing, Transferor shall obtain and post or execute any remediation funding source (as such term is defined under ISRA) required in connection with the RA obtained in connection with clause (i) above. From and after the Closing Date, the Company shall maintain such remediation funding source in full force and effect as required by ISRA.
Compliance with ISRA. Tenant further agrees to implement and execute all of the provisions of this section in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, with respect to ISRA, Tenant fails to obtain a no further action and covenant not to xxx letter from the New Jersey Department of Environmental Protection or to otherwise comply with the provisions of ISRA prior to the Termination Date, or if, with respect to any other Environmental Law, Tenant fails to fully comply with the applicable provisions of such other Environmental Law prior to the Termination Date, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental Law, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date.
Compliance with ISRA. Tenant further agrees to implement and execute all of the provisions of this section in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, with respect to ISRA, Tenant fails to obtain a no further action and covenant not to xxx letter from the New Jersey Department of Environmental Protection or to otherwise comply with the provisions of ISRA prior to the Termination Date, or if, with respect to any other Governmental Requirement, Tenant fails to fully comply with the applicable provisions of such other Governmental Requirement prior to the Termination Date, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 15 and shall continue to diligently pursue compliance with ISRA and/or such other Governmental Requirement. Upon Tenant’s full compliance with the provisions of ISRA or of such other Governmental Requirement, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date.
Compliance with ISRA. (a) The Company and its Subsidiaries shall be responsible, prior and subsequent to the Share Purchase Date, for compliance with the New Jersey Industrial Site Recovery Act, N.J.
Compliance with ISRA. (a) With respect to the New Jersey ISRA Property and the transactions contemplated by this Agreement, Parent shall submit or cause to be submitted to NJDEP (i) within five days after the execution of this Agreement, a General Information Notice (as such term is defined under ISRA), for each New Jersey ISRA Property, and (ii) prior to the Closing Date (A) a Remediation Certification (as such term is defined under ISRA) (“Remediation Certification”), for each New Jersey ISRA Property, regarding the consummation of the transactions contemplated by this Agreement and (B) as part of that Remediation Certification, evidence of the establishment by Purchaser of a remediation funding source (as such term is defined under ISRA) in an amount of the estimated cost of the remediation as certified by an LSRP, who is mutually agreed upon by Parent and Purchaser and engaged by Purchaser, or a minimum surrogate cost estimate as required by the NJDEP, which remediation funding source shall be in conformance in form and substance with the requirements of N.J.A.C. 7:26C-5. The type of remediation funding source, to be established in accordance with the requirements of N.J.A.C. 7:26C-5.2(f) and (g), shall be in the discretion of Purchaser. Purchaser shall execute all Remediation Certifications identifying Purchaser as the party agreeing to conduct remediation for each of the New Jersey ISRA Properties and the transactions contemplated by this Agreement. With respect to any subsequent transaction by or among Purchaser, Parent, Holdings or any of their respective Affiliates that will “close operations” or “transfer ownership or operations” of any of the New Jersey ISRA Property that is also Leased Real Property or Easement Real Property, the party undertaking such transaction shall timely submit or cause timely to be submitted to NJDEP the General Information Notice required by ISRA, and all other responsibilities for Compliance with ISRA in such cases shall be as provided in this Section 6.08.
(b) Following the Closing, Purchaser shall have complete responsibility for directing the remediation subject to Section 6.08(d) and (e), and shall assume all costs and Liabilities associated with, the performance of any Remediation at the New Jersey ISRA Property necessary to achieve Compliance with ISRA. Purchaser shall submit all filings and certifications and take all actions required under the Remediation Certifications and ISRA to achieve Compliance with ISRA. If any such filings o...
Compliance with ISRA. (a) In connection with the transactions regarding the Neptune Assets contemplated by this Agreement, Neptune shall either: (i) obtain from NJDEP a Letter of Non-Applicability (terms for which ISRA or regulations promulgated thereunder (including without limitation, N.J.A.C. 7:26B-1.1, et seq. and N.J.A.C. 7:26:E-1.1, et seq.) provide a definition shall have the same meaning unless otherwise designated in this Agreement) or an equivalent written determination by NJDEP that the transaction is exempt from the requirements of ISRA; or (ii) attain compliance with the requirements of ISRA by obtaining from NJDEP: (A) approval of a proposed Negative Declaration, as such term is defined at N.J.
