Environmental Agreements. There is no agreement or consent order to which the Company is a party relating to any environmental matter, and no such agreement or order is necessary for the continued compliance of any of the Assets or their respective uses or the Business with applicable Environmental Protection Laws concerning the generation, storage or disposal of Hazardous Materials.
Environmental Agreements. The role and effect of environmental agreements in environmental policies (Xxxxxx, Xxxxxxx Xxx, 1998), at 6.2 and Xxxxxx, who criticises voluntary agreements on cost-effectiveness grounds in comparison to “cap and trade” tradable permit systems. Xxxxxx, “Contract-based trading programs” Contemporary Economic Policy 22(4) 526 (2004). 168 Communication on Environmental Agreements, note 107 above, at 4 and Alberini and Segerson, note 166. 169 See generally, OECD, Competition Policy and the Environment (Paris, OECD, 1996). voluntary agreements, it can occur via those areas of Community competition law applicable to private undertakings - for example, Articles 81 and 82 EC. Second, and more broadly, environmental policy instruments can be relevant to competition analysis through raising barriers to entry into the market, which can in turn deter innovation. This may occur through traditional “command-and-control” regulation via, for example, environmental regulation requiring expensive pollution control equipment to be added to new or existing plants, or requiring waste from certain products to be collected and disposed of free of charge.170 Further, there may be a risk of environmental regulators being “captured” by incumbent firms, who may be able to manipulate regulatory outcomes so as to make new entry more difficult. In some cases, the barriers to entry created by environmental regulation may be so great that they indirectly lead to the creation or entrenchment of substantial market power on the market, which may in turn enable the abuse of market power to the detriment of consumers. For example, Member States may choose to grant only limited permits to operate on a market - such as a market for the recycling of waste - if they feel this is necessary due to the need to achieve a minimum scale of operation where costs of recycling are high. Undertakings granted such permits may as a result hold a position of dominance, which may in some cases be abused. For similar reasons, Member States may choose to grant exclusive rights to an undertaking performing a given environmental service, thus excluding all potential competitors. Economic instruments may also increase barriers to entry, by putting a price on pollution emitted, thus increasing overall running costs in an industry. This may occur, for example, where Member States tax environmentally-unfriendly activities. It may also occur when Member States operate tradable permit systems to control pollution. For ...
Environmental Agreements. The term "Environmental Agreements" shall mean, collectively, all of those agreements relating to environmental issues affecting the Property which are set forth on Exhibit Q attached hereto.
Environmental Agreements. 1 A Party shall adopt, maintain, and implement laws, reg- ulations, and all other measures to fulfill its obligations under the multilateral environmental agreements listed in Annex 18.2 (“covered agreements”).2 1 To establish a violation of Article 18.2 a Party must demonstrate that the other Party has failed to adopt, maintain, or implement laws, regu- lations, or other measures to fulfill an obligation under a covered agree- ment in a manner affecting trade or investment between the Parties.
Environmental Agreements. Environmental Agreements" means those certain agreements with third parties (including, .without limitation, Navy, MEW Companies and CANG) regarding environmental matters at the Premises, which agreements are listed in Exhibit E attached hereto.
Environmental Agreements. DelDOT may enter into agreements with State Agencies or private owners to satisfy environmental commitments needed for its projects. The agreements reside with the DelDOT Environmental Stewardship Section. These agreements may involve cultural areas, wetlands, and HAZMAT areas that need to be avoided. Normally these agreements call for avoidance of the resource, but there may be times when an Environmental Agreement allows for disturbance of the area. The areas of non- disturbance are shown on the Construction Plans as a Limit of Construction (LOC) line to alert the contractor that there can be no disturbance beyond the LOC. The Practitioner should review all Section 106 documents to understand which cultural areas must not be disturbed. The areas of avoidance will be documented in a Memorandum of Understanding (MOU) between DelDOT and the State Historic Preservation Officer. The LOC line must avoid cultural resources unless otherwise agreed to by the MOU. As part of the MOU, some archeological sites may have conservation easements recorded on the property. The conservation easements will be recorded in the respective County in which the archeological site resides. The Practitioner should review all permits issued by the Army Corps of Engineers or the Delaware Department of Natural Resources and Environmental Control. The permit for a project will have the areas of avoidance that must be documented by a wetland symbol on the Construction Plans and the Environmental Compliance plans. The LOC line must avoid wetlands unless the permit allows for disturbance. It is important to note areas that cannot be encroached upon to avoid penalties for noncompliance with the Environmental Agency permit. In some instances, Delaware Department of Transportation 2023 Right-of-Way Engineering Manual | 89 Chapter VIII AGREEMENTS conservation easements may be used to protect sensitive habitats. The conservation easements are recorded in the respective County in which the property resides. To view mapping of HAZMAT sites in Delaware, DNREC has a database to search for HAZMAT areas and property owner/DNREC agreements. This information would be used at the project scoping stage to initiate a Hazardous Materials (HAZMAT) Report for the project that is typically prepared through DelDOT’s Hazardous Materials Section. The Practitioner should review the Hazardous Materials (HAZMAT) Report for a project to determine if there are specific areas that must be avoided or remediated before...
Environmental Agreements. No Chindex Contributed Company has agreed to any covenant, warranty, undertaking, representation, indemnity or similar provision involving liability (actual or potential) relating to pollution or contamination of the environment or any other adverse condition relating to the environment.
Environmental Agreements. (a) Seller is subject to and benefits from a certain Agreement and Covenant Not to Xxx with the United States Environmental Protection Agency in the Matter of First Industrial Harrisburg, L.P. (Docket #III-95-48-DC) (the "EPA Agreement") recorded in the Office of Recorder of Deeds of Dauphin County, Pennsylvania (the "Recorder's Office"). Purchaser acknowledges receipt of a copy of the EPA Agreement before the date of this Agreement of Sale and acknowledges that, as Purchaser of the Property, Purchaser shall, after Closing, be subject to the EPA Agreement and further acknowledges that the Property is now and shall be, after Closing, under and subject to the EPA Agreement, including, without limitation, the rights of the United States set forth in Section VII of the EPA Agreement (Access). Purchaser shall comply with the terms of the EPA Agreement relative to the period from and after Closing. In accordance with EPA Agreement, Purchaser shall execute an Agreement and Certification of Successor in Interest or Assign (as defined in the EPA Agreement) acknowledging Purchaser "s obligation to be bound by the obligations of the EPA Agreement.
Environmental Agreements neither the Corporation nor the Vendor nor any Affiliate of the Vendor is a party to any agreement, consent order or other document under which the Corporation could have any liability with respect to environmental matters and neither the Corporation nor the Vendor nor any Affiliate of the Vendor has at any time given any written undertakings with respect to remedying any breach of, or liability under, Environmental Laws or Environmental Permits with respect to the Business, the Assets or the Property Interests that have not been duly performed in all material respects;
Environmental Agreements. Buyer acknowledges that Freescale Semiconductor, Inc. (“Freescale”) and Seller are parties to the Declaration. Seller also is a party to that certain Environmental Indemnification Agreement entered into between Motorola, Inc. (“Motorola”) and Seller effective July 31, 1999 (the “Motorola Indemnity Agreement”) and to that certain Environmental Indemnification Agreement between Seller and Freescale dated May 24, 2004 (the “Freescale Indemnity Agreement”). The Declaration, the Motorola Indemnity Agreement and the Freescale Indemnity Agreement are referred to collectively herein as the “Environmental Agreements.” The Environmental Agreements set forth certain rights, obligations and liabilities of the parties thereto with respect to the environmental condition of the Parcel and impose certain restrictions, limitations and conditions on the transfer of the Parcel and other land. Within fifteen (15) days following the Effective Date, Buyer shall provide to Freescale all information required pursuant to Section 6.3 of the Declaration in connection with the requirements of Section 6.2(a) and Section 6.2(c) of the Declaration. Buyer simultaneously shall provide Seller with copies of all correspondence, notices, documents and other written information provided to Freescale in connection with Buyer’s obligations under this Section. If Buyer fails to perform its obligations under this Section 11, or if Freescale disapproves sale of the Property to Buyer pursuant to Section 6.2(a) of the Declaration, this Agreement and the Escrow automatically shall terminate, the Xxxxxxx Money shall be remitted to Buyer, and neither Seller nor Buyer shall have any further obligations to one another under this Agreement, except for those obligations which expressly survive cancellation or termination of this Agreement. Seller shall reasonably cooperate with Buyer in Buyer’s efforts to perform its obligations under this Section 11, so long as such cooperation can be provided at no cost to Seller.
