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 agrees to use its best efforts to obtain a no further action and covenant not to xxx letter from the New Jersey Department of Environmental Protection or a “Response Action Outcome” from a “Licensed Site Remediation Professional” or to otherwise comply with the provisions of ISRA prior to the Termination Date, or, with respect to any other obligation it has under this Lease under Environmental Law. In the event Tenant fails to fully comply with the applicable provisions of ISRA or such other Environmental Law prior to the Termination Date so as to prevent the landlord from reletting the premises despite Landlord’s reasonable efforts to do so, 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. Further to the preceding sentence, Landlord shall make reasonable efforts to relet the Premises during Tenant’s compliance with Environmental Law, and Tenant’s obligation to pay rent pursuant to Section 24.3 shall be offset by any rent or other payments received by landlord in reletting the Premises. 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. 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. 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) Securing a Remediation Agreement.
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.
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. (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) In addition to the provisions of Sections 8.10 and 8.11 above, the following provisions apply to Pfizer's ISRA obligations pursuant to subparagraph (vi) of the definition of Excluded Environmental Liabilities. Subject to the provisions of this Section 8.12, for each Facility subject to the requirements of ISRA, Pfizer shall be responsible, at its sole cost and expense, to comply with the requirements of ISRA and all orders, directives and requirements of the New Jersey Department of Environmental Protection ("NJDEP"). The limitations contained in Section 8.6 do not apply to, limit or affect in any way whatsoever Pfizer's ISRA obligations. For each ISRA subject Facility, Pfizer shall promptly establish and maintain a remediation funding source and amount of funding to the extent required by NJDEP and shall promptly remediate each ISRA subject Facility to the extent required to obtain from NJDEP a No Further Action letter/Covenant Not to Sue ("XFA/CNS"), whether conditional or unconditional, or the equivalent pursuant to ISRA.
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.
