Developer Remediation Procedure Sample Clauses

Developer Remediation Procedure. In the event the Parties determine that the contamination is an Army Retained Condition, the City shall work cooperatively with Developer to assist with obtaining Army closure of any Army Retained Conditions or reimbursement from the Army if Developer proceeds with Remediation. If the Parties determine that the contamination is not an Army Retained Condition or if Developer undertakes such Remediation, then Developer, at its sole costs and expense, shall be responsible for Remediation in accordance with the following procedures. 15.5.6.1 Developer shall remediate the affected area in accordance with the Environmental Remediation Requirements (including the ability to utilize risk management measures in accordance with the RAP/RMP). 15.5.6.2 Developer shall complete all Remediation activities pursuant to one or more work plans reviewed and approved by DTSC and/or RWQCB, if applicable in conformance with the Environmental Remediation Requirements. Prior to submitting the work plan(s) to DTSC and/or RWQCB, Developer shall provide a copy of such work plan(s) to City. City shall have five (5) Business Days following receipt of the work plan(s) to review the work plan(s) and, if required, provide such document(s) to Port pursuant to the City/Port ARMOA. City shall use its best efforts to obtain approval of the work plans(s) and/or any comments from Port, and to provide all approvals and/or comments to Developer within ten (10) Business Days following receipt of the work plan(s), or as soon thereafter as is reasonably possible. Once the scope of work is approved, Developer shall promptly implement the agreed Remediation and complete the Remediation obligations. The Parties shall act in good faith in making and responding to comments and attempt to promptly resolve any disputes that may arise regarding the work plan(s). If the Parties cannot reach agreement within such period, then either Party may pursue any remedies that it has available. City’s election not to provide comments shall not be deemed an endorsement or approval of the methods or activities proposed. 15.5.6.3 Developer shall provide City with copies of all correspondence (including all electronic correspondence), documents, notices, plans and reports, including all drafts, directed to or received from (a) Developer, (b) DTSC, (c) the RWQCB and/or (d) any other Regulatory Agency, relating to the Remediation of the EDC Property or any portion thereof. Developer shall provide such copies as soon as reas...