Environmental Assessment and Remediation. GBB may cause to be ---------------------------------------- prepared at GBB's sole cost and expense within 45 days of the date of this Agreement one or more phase I environmental investigations with respect to the Real Property set forth on the BCS Real Property List. In the event any such phase I environmental investigation report, or any such report which BCS or BBC has already obtained on any of the Real Property set forth on BCS's Real Property List, discloses facts which, in the sole discretion of GBB, warrant further investigation, GBB shall provide written notice to BCS, and BCS shall be required to cause to be completed within 60 days of such written notice, at the sole cost and expense of GBB, a phase II environmental investigation and report with respect to such property. The consultant engaged by BCS to conduct such investigation and provide such report shall be reasonably acceptable to GBB. GBB shall have 10 days from the receipt of such investigation report to reasonably object thereto, which objection shall be by written notice. In the event of any such objection, GBB shall engage an environmental consultant reasonably satisfactory to BCS who shall provide an estimate of the cost of taking any remedial action recommended or suggested in such phase II environmental investigation report, or which is required by law, or which is determined to be prudent by GBB, in its sole discretion, and, unless the estimated cost of such Remediation is in excess of $100,000 or is not reasonably determinable by such consultant (and written notice thereof provided by BCS to GBB) BCS shall immediately commence such Remediation, all at the sole cost and expense of BCS. In the event such environmental consultant determines that the estimated cost of such remediation is in excess of $100,000 or is not reasonably determinable, GBB shall have the right to terminate the Agreement pursuant to Section 13.1.9 hereof before the expiration of 21 days from the date of such written notice. GBB agrees to keep confidential and not to disclose any nonpublic information obtained in the course of such environmental investigation relating to environmental contamination or suspected contamination of any property on the BCS Real Property List, except as required by law.
Environmental Assessment and Remediation. Prior to expiration or earlier termination of this Agreement, Purchaser shall, at Purchaser’s sole cost and expense, obtain the services of a qualified, independent third party environmental contractor to complete an environmental assessment of the Property. Purchaser shall promptly remediate, at its sole cost and expense, any environmental contamination identified in the environmental assessment that was not earlier identified in a study undertaken as set forth in Subparagraph 15.F. of this Agreement. No onsite remediation shall be allowed on the Property. In the event of any court action or administrative proceeding, in addition to all other applicable presumptions, it shall be a rebuttable presumption that any environmental contamination of the Property not earlier identified in a study undertaken as set forth in Subparagraph 15.F. of this Agreement: (i) has been brought upon, kept, used, or released in or about the Property by Purchaser, its employees, agents, representatives, contractors, subcontractors or invitees; (ii) has resulted from acts or omissions of Purchaser, its employees, agents, representatives, contractors, subcontractors or invitees; and (iii) has occurred during the Term of this Agreement. Purchaser has the burden of rebutting these presumptions by clear and convincing evidence.
Environmental Assessment and Remediation. County may require Lessee to actively perform and complete an environmental assessment and remediation that may be required as the result of any release or discharge of Materials as referenced above. Such activities will be performed at Xxxxxx's sole expense, despite the acceptance of any site into any government funded cleanup program that might not require immediate assessment or remediation based on a site ranking or scoring within that program. If County requires environmental assessment or remediation of any such site, then upon County's demand and at Xxxxxx's sole expense, Lessee shall immediately contain, remove, xxxxx, and remediate the site to the Aviation Department's and County's satisfaction. Lessee shall assess and remediate any impacted property in accordance with timetables acceptable to County and within Applicable Laws so as to achieve a timely remediation of the site that does not impede any County development or other County plans.
Environmental Assessment and Remediation. County may require Concessionaire to actively perform and complete an environmental assessment and remediation that may be required as the result of any release or discharge of Materials as referenced above. Such activities will be performed at Concessionaire's sole expense, despite the acceptance of any site into any government funded cleanup program that might not require immediate assessment or remediation based on a site ranking or scoring within that program. If County requires environmental assessment or remediation of any such site, then, upon County's demand and at Concessionaire's sole expense, Concessionaire shall immediately contain, remove, xxxxx, and remediate the site to the Aviation Department's and County's satisfaction. Concessionaire shall assess and remediate any impacted property in accordance with timetables acceptable to County and within Applicable Laws so as to achieve a timely remediation of the site that does not impede any County development or other County plans.
Environmental Assessment and Remediation. Notwithstanding any other provision of this agreement, Tenant shall be solely responsible for and agrees to indemnify, defend and hold harmless Landlord, its employees, agents, officers, directors, heirs and assigns, from and against any and all fines, suits and claims, demands, penalties, liabilities, costs or expenses, losses, settlements, remedial actions requirements and enforcement actions, administrative proceedings and any other actions of whatever kind or nature, including attorneys' fees and costs (and costs and fees on appeal), fees of environmental consultants and laboratory fees, known or unknown, contingent or otherwise, arising out of or in any way related to the discovery, remediation, or disposal of such Tenant Contamination, including any personal injury (including wrongful death) or property damage (real or personal) arising therefrom. Landlord agrees to indemnify, defend and hold harmless Tenant, its employees, agents, officers, directors, heirs and assigns, from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, remedial action requirements and enforcement actions, administrative proceeds and all other actions of whatever kind or nature, including attorneys' fees and costs (and costs and fees on appeal), fees of environmental consultants and laboratory fees, known or unknown, continent or otherwise, arising out of or in any way related to the discovery, remediation, or disposal of contamination on or about the Demised Premises or the Property other than Tenant Contamination, including any personal injury (including wrongful death) or property damage (real or personal) arising therefrom. This paragraph shall survive termination or expiration of this Lease.
Environmental Assessment and Remediation. CFAC may cause to be prepared at CFAC's sole cost and expense one or more phase I environmental investigations with respect to any property on the Mission Real Property List. In the event any such phase I environmental investigation report, or any similar report submitted to CFAC pursuant to Section 4.12(c) of this Agreement, or any information from a Governmental Entity discloses facts which, in the sole discretion of CFAC, warrant further investigation, CFAC shall provide written notice to Mission, and Mission shall use commercially reasonable efforts to cause to be completed within 60 days of such written notice, at the sole cost and expense of CFAC, a phase II environmental investigation and report with respect to such property. The consultant engaged by Mission to conduct such investigation and provide such report shall be an environmental consultant satisfactory to CFAC, who shall provide an estimate of the cost of taking any remedial action recommended or suggested in such phase II environmental investigation report, or which is required by law, or which is determined to be prudent by CFAC in its sole discretion. Mission shall either: (i) immediately commence such remediation and complete such remediation promptly thereafter; (ii) sell or otherwise transfer subject property in its entirety to an unaffiliated third party without recourse to Mission, its successors or assigns and subject to an agreement which CFAC must approve; or (iii) refrain from taking any action with respect to the subject property. In the event Mission refrains from taking any action with respect to the subject property, CFAC shall have the right to terminate this Agreement pursuant to Section 13.1(i). If Mission elects to remediate, the cost of any remediation, including the cost, if any, of any estimates, shall be borne by Mission (subject to applicable rights of remibursement from third parties.) CFAC shall have the right, notwithstanding any other provision of this Agreement, to extend the Closing until such remediation can be fully accomplished; provided, that in no event shall the Closing be extended beyond May 31, 1999 unless otherwise agreed to by the parties hereto. CFAC agrees to keep confidential, other than with respect to Mission, and not to disclose any nonpublic information obtained in the course of such environmental investigation relating to environmental contamination or suspected contamination of any property on the Mission Real Property List, except as requir...
Environmental Assessment and Remediation. GBB may cause to be prepared ---------------------------------------- at GBB's sole cost and expense within 45 days of the date of this Agreement one or more phase I environmental investigations with respect to the Real Property set forth on the SJNB Real Property List. In the event any such phase I environmental investigation report, or any such report which SJNB or the SJNB Subsidiaries has already obtained on any of the Real Property set forth on SJNB's Real Property List, discloses facts which, in the sole discretion of GBB, warrant further investigation, GBB shall provide written notice to SJNB, and SJNB shall be required to cause to be completed within 60 days of such written notice, at the sole cost and expense of GBB, GBB agrees to keep confidential and not to disclose any nonpublic information obtained in the course of such environmental investigation relating to environmental contamination or suspected contamination of any property on the SJNB Real Property List, except as required by law.
Environmental Assessment and Remediation. Notwithstanding any other provision of this agreement, Tenant shall be solely responsible for and agrees to indemnify, defend and hold harmless Landlord, its employees, agents, officers, directors, heirs and assigns, from and against any and all fines, suits and claims, demands, penalties, liabilities, costs or expenses, losses, settlements, remedial actions requirements and enforcement actions, administrative proceedings and any other actions of whatever kind or nature, including attorneys’ fees and costs (and costs and fees on appeal), fees of environmental consultants and laboratory fees, known or unknown, contingent or otherwise, arising out of or in any way related to the discovery, remediation, or disposal of any Contamination as heretofor defined in Section 11.02, on or about the Demised Premises or the Property except as is caused by Landlord or its employees, agents, officers and directors, heirs and assigns, including any personal injury (including wrongful death) or property damage (real or personal) arising therefrom. Landlord agrees to indemnify, defend and hold harmless Tenant, its employees, agents, officers, directors, heirs and assigns, from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, remedial action requirements and enforcement actions, administrative proceeds and all other actions of whatever kind or nature, including attorneys’ fees and costs (and costs and fees on appeal), fees of environmental consultants and laboratory fees, known or unknown, continent or otherwise, arising out of or in any way related to the discovery, remediation, or disposal of any Contamination on or about the Demised Premises or the Property, caused by Landlord, its employees, agents, officers, directors, heirs and/or assigns, including any personal injury (including wrongful death) or property damage (real or personal) arising therefrom. This paragraph shall survive termination or expiration of this Lease.
Environmental Assessment and Remediation. At the expiration or termination of this Lease the Landlord may require the Tenant furnish to the Landlord an environmental assessment report on the parcel conducted in accordance with the laws codes and regulations in effect at that time. The cost of the environmental assessment will be the responsibility of the Landlord. The costs of remediation, if any is required by law, shall be the responsibility the Tenant.
Environmental Assessment and Remediation. 43 ARTICLE IX
