Effect of Attempted Remediation by Sellers Sample Clauses

Effect of Attempted Remediation by Sellers. An attempt by Sellers to Remediate a Surviving Environmental Defect shall be without prejudice to their rights under Section 6.3 with respect to Disputed Environmental Matters and shall not constitute an admission against interest or a waiver of Sellers’ right to dispute the existence, nature or value of, or cost to Remediate, the alleged Adverse Environmental Condition or the adequacy of any Notice of Environmental Conditions or any curative action. If Sellers Remediate a Surviving Environmental Defect in accordance with Environmental Laws and to the reasonable satisfaction of Purchaser prior to expiration of the Post-Closing Environmental Cure Period, then in connection with the delivery of the Final Settlement Statement, Sellers’ counsel will destroy, and will certify in writing to Sellers and Purchaser the destruction of, the applicable Assignment of the Excluded Assets covering such affected Assets, and Purchaser will pay to Sellers the amount by which the Base Purchase Price was reduced at the Closing as a result of said Surviving Environmental Defect. If Sellers fail to cure a Surviving Environmental Defect prior to the expiration of the Post-Closing Period, then Sellers’ counsel will release the Assignment of the Excluded Assets to Purchaser and such Assets permanently will be Excluded Assets and Retained Liabilities of Sellers.