Common use of Emergency Enforcement Clause in Contracts

Emergency Enforcement. If Ohio EPA determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, Ohio EPA may pursue its remedies under this section without prior notice to the Owner and Holder or without waiting for the period provided for cure to expire. Except as provided in the Section of this Covenant entitled “Ohio EPA’s Rights and Remedies,” each Party shall bear its own costs incurred in enforcing the terms of this Covenant, including, without limitation, costs and expenses of suit and attorney’s fees. Costs of environmental restoration necessitated by the Owner’s violation, or the Holder’s violation, of the terms of this Covenant shall be borne by the Owner or the Holder, respectively.

Emergency Enforcement. If Ohio EPA determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, Ohio EPA may pursue its remedies under this section without prior notice to the Owner and Holder or without waiting for the period provided for cure to expire. Except as provided in the Section of this Covenant entitled “Ohio EPA’s Rights and Remedies,” each Party shall bear its own costs incurred in enforcing the terms of this Covenant, including, without limitation, costs and expenses of suit and attorney’s fees. Costs of environmental restoration necessitated by the Owner’s violation, or the Holder’s violation, violation of the terms of this Covenant shall be borne by the Owner or the Holder, respectivelyOwner.