CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE Sample Clauses

CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE. 1. If the operations or activities at the Airport or by Contractor or Contractor’s subcontractors, employees, agents, licensees, or other parties under Contractor's direction or control, are in alleged non-compliance with any applicable Environmental Law (as is reasonably determined by Owner or as is determined by any governmental agency with enforcement authority regarding such alleged non-compliance) or DFW Environmental Rule, or result in contamination or pollution at or under the Airport, and provided that the situation or condition in question does not, as determined by Owner in its reasonable discretion, require immediate action pursuant to applicable Environmental Laws and Section s.3., Owner agrees to notify Contractor in writing of the alleged non-compliance or contamination or pollution and shall require Contractor to take action to address such non-compliance within thirty
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CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE. If the Tenant fails to comply with any applicable Environmental Requirement, the City, in addition to its rights and remedies described elsewhere in this Agreement, at its election, may enter the facility and/or work area and take such measures as may be necessary to ensure compliance with the Environmental Requirements, all at the Tenant’s expense.
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CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE. In the event that TENANT is in alleged non-compliance with any applicable Environmental Laws (as is reasonably determined by the BOARD or any governmental agency with enforcement authority regarding such alleged non-compliance) and provided that the situation or condition in question does not, as determined by the BOARD in its reasonable discretion, either (i) require immediate action to prevent or mitigate contamination, harm to human health or the environment, or material impact to property value, or (ii) subject the BOARD, the Cities, or their respective officers, directors, councils, agents, or employees to on- going potential fines or other liability, then the BOARD agrees to notify TENANT in writing of the alleged non-compliance and shall require TENANT to address such non-compliance within thirty
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CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE. If the Airline fails to comply in all material respects with any applicable Environmental Requirement, the City, after providing Airline with reasonable notice under the circumstances and reasonable opportunity to correct such noncompliance, in addition to its rights and remedies described elsewhere in this Agreement, at its election, may enter the premises and take such measures as may be necessary to insure compliance with the Environmental Requirements, all at the Airline’s expense.
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CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE. 1. If the operations or activities of Contractor or Contractor’s subcontractors, employees, agents, licensees, or other parties under Contractor's direction or control, are in alleged non-compliance with any applicable Environmental Law (as is reasonably determined by Owner or as is determined by any governmental agency with enforcement authority regarding such alleged non-compliance) or DFW Environmental Rule, or result in contamination or pollution at or under the Airport, and provided that the situation or condition in question does not, as determined by Owner in its reasonable discretion, require immediate action pursuant to applicable Environmental Laws and Section s.3., Owner agrees to notify Contractor in writing of the alleged non-compliance or contamination or pollution and shall require Contractor to take action to address such non- compliance within thirty (30) days of Contractor's receipt of notice, unless compliance is required sooner by a governmental agency or applicable Environmental Law. Within that thirty (30) day period, or such shorter period as is required by applicable Environmental Law or governmental agency, Contractor shall have the opportunity to take whatever action is necessary or required by Environmental Laws or DFW Environmental Rule as a result of such non-compliance under this Section to correct such non-compliance, ensure that it is corrected, or provide Owner a binding commitment to do so within a reasonable time. Contractor shall also have the right during that thirty (30) day period to challenge any Owner determination of non-compliance. Contractor's obligations to Owner under this Section may be deferred, upon mutual written consent of the parties, until a final resolution of or ruling on such challenge has been issued, unless the time period for compliance with applicable Environmental Laws prohibits such a deferral. Should Contractor prevail in such a challenge, Contractor shall have no further obligation under this Section with respect to that particular alleged non-compliance.
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Related to CORRECTION OF ENVIRONMENTAL NON-COMPLIANCE

  • Compliance with Environmental Laws; Environmental Reports (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

  • Materials of Environmental Concern “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.

  • O.S.H.A. and Environmental Compliance (a) Each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations.

  • Compliance with Environmental Requirements; No Hazardous Materials Except in each case as set forth on Schedule 3.18:

  • 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.

  • Compliance with Environmental Requirements 50.1 The Contractor shall provide the goods and/or Services required under the Contract in accordance with applicable laws and the Authority’s environmental policy, which is to conserve energy, water and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • 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.

  • Compliance with Environmental Law To the knowledge of the Company, the Adviser and the Administrator, the Company, its subsidiaries and each controlled Portfolio Company (i) are in compliance with any and all applicable foreign, federal, state and local laws and regulations relating to the protection of human health and safety, the environment or hazardous or toxic substances or wastes, pollutants or contaminants (“Environmental Laws”); (ii) have received all permits, licenses or other approvals required of them under applicable Environmental Laws to conduct their respective businesses; and (iii) are in compliance with all terms and conditions of any such permit, license or approval, except where such noncompliance with Environmental Laws, failure to receive required permits, licenses or other approvals or failure to comply with the terms and conditions of such permits, licenses or approvals would not, individually or in the aggregate, have a Material Adverse Effect.

  • Compliance with Environmental Laws Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse Change (i) neither the Company nor any of its subsidiaries is in violation of any federal, state, local or foreign law or regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or wildlife, including without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum and petroleum products (collectively, “Materials of Environmental Concern”), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, “Environmental Laws”), which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the operation of the business of the Company or its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in violation of any Environmental Law; (ii) there is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iii) to the best of the Company’s knowledge, there are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that reasonably could result in a violation of any Environmental Law or form the basis of a potential Environmental Claim against the Company or any of its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

  • Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Environmental Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Environmental Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material.

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