Environmental Assessment Reports. Deliver to Agent promptly upon receipt copies of all semi-annual reports prepared by Borrowers’ environmental consultants (including, without limitation, the Environmental Consultant) regarding an environmental assessment (including, liabilities and status of remediation of existing conditions) with respect to Borrowers’ Real Property; provided, that upon Agent’s request, Borrowers shall deliver to Agent promptly upon receipt any and all material reports, audits and reviews prepared by a third party requested by Agent.
Environmental Assessment Reports. The Grantor agrees, upon reasonable request of the Beneficiary, in the event Beneficiary has reason to believe that a change in the environmental condition of the Mortgaged Property has occurred, to provide the Beneficiary (at the Grantor’s expense) with a current environmental assessment report of the Mortgaged Property within a reasonable time after such request. Such assessment report shall be in a form satisfactory to the Beneficiary and from an environmental engineer or consultant reasonably satisfactory to the Beneficiary.
Environmental Assessment Reports. 22 4.23 Response to Environmental Complaint.................................. 23 4.24 Indemnification...................................................... 23 4.25 [Intentionally Deleted].............................................. 23 4.26
Environmental Assessment Reports. The Grantor agrees, upon reasonable request of the Beneficiary after an Event of Default has occurred and is continuing or if Beneficiary reasonably suspects that there exists a violation of any Environmental Law that could possibly result in a Material Adverse Effect or a release of Hazardous Materials that is not otherwise incompliance with any and all Environmental Laws with respect to the Mortgaged Property, to provide the Beneficiary (at the Grantor's expense) with a current environmental assessment report of the Mortgaged Property within a reasonable time after such request. Such assessment report shall focus on such suspected violation or release only, be in a form satisfactory to the Beneficiary and from an environmental engineer or consultant reasonably satisfactory to the Beneficiary. The results of any such assessment report shall be deemed confidential Information (as defined in Section 10.08 of the Credit Agreement) and shall be subject to the confidentiality provisions set forth in Section 10.08 of the Credit Agreement.
Environmental Assessment Reports. Environmental Assessment Reports for the Leased Premises.
Environmental Assessment Reports. (a) Seller has provided to Purchaser copies of all environmental assessment reports relating to the Branches in Seller's possession and has identified certain Hazardous Substances related to the Branches on Schedule 3.13. Purchaser shall purchase or lease the Branch Real Estate subject to any Hazardous Substances identified in Schedule 3.13, shall have no recourse against Seller or to avoid any of its obligations under this Agreement due to, and shall be deemed to have waived any objection to, the existence or presence of such Hazardous Substance. Notwithstanding the foregoing, Seller shall use its best efforts to obtain a certificate from the City of Wichita that it did not contribute to the groundwater contamination in the Xxxxxxx and Xxxxxx groundwater contamination area.
(b) Seller shall provide Purchaser and Purchaser's environmental consultants with access to each of the Branches, the Branch Real Estate and to all pertinent information, records or documents within Seller's or its Affiliates' possession, custody or control, at times reasonably satisfactory to Seller, in order that Purchaser's consultants may prepare an environmental assessment report for Purchaser regarding each of the Branches and Branch Real Estate, of a scope reasonably satisfactory to Purchaser. Purchaser shall be responsible for paying the costs associated with the environmental assessment reports. At Seller's request, Purchaser shall provide Seller with copies of any environmental assessment report and Purchaser and Seller shall hold information contained in such reports in confidence in accordance with Section 5.2.
(c) Purchaser shall provide notice to Seller within five (5) business days after receipt of any environmental assessment report, and in any event within 60 days after the date hereof, if any of Purchaser's environmental assessment report reveals or indicates the existence or presence of any Hazardous Substances not identified in Schedule 3.13 on, under, or within or affecting any Branch or Branch Real Estate to be transferred hereunder. If Purchaser fails to notify Seller, Purchaser shall be deemed to have waived any objection to the existence or presence of such Hazardous Substance. In the event Purchaser properly notifies Seller of the existence or presence of such Hazardous Substance not identified in Schedule 3.13, Seller shall have the option to (i) treat such Branch as an Excluded Branch pursuant to Section 8.1 hereto (giving effect to appropriate adjustments t...
Environmental Assessment Reports. The Agent shall have received satisfactory environmental assessment reports from independent third party environmental engineers in form and substance satisfactory to the Agent, covering the Real Property located in each of Tulsa, Oklahoma and Edmonton, Canada.
Environmental Assessment Reports. 65 7.28 Schedules.................................................................................. 66 7.29 Financing.................................................................................. 66 7.30 Other Agreements Related to the Excluded Businesses........................................ 66 7.31
Environmental Assessment Reports. (a) The Seller and the Purchaser shall cause to be prepared a Phase I environmental site assessment report (each, a "Phase I Report"), undertaken in accordance with the standards known as ASTM E 1527-00 Standard Practices for Environmental Site Assessments - Phase I Environmental Site Assessment Process, certified to both the Seller and the Purchaser, with respect to each parcel of Real Property, to determine whether any Recognized Environmental Conditions (as defined in the ASTM Standards) exist there. The Seller and the Purchaser shall bear the costs and expenses associated with such Phase I Reports equally. A copy of each Phase I Report shall be delivered to the Seller and the Purchaser promptly after the date upon which such Phase I Report is completed (each such date, a "Phase I Completion Date"). Prior to the date that is five (5) Business Days prior to the Closing Date, the Seller shall indicate to the Purchaser whether it shall retain its interest in any parcel of Owned Real Property so as to facilitate Remediation thereof; provided, however, that in the event that the Seller exercises its right pursuant to this sentence to retain its interest in the Owned Real Property in question, the parties shall promptly enter into a Seller Real Property Lease.
(b) Prior to the date that is six (6) Business Days after each Phase I Completion Date, where any Recognized Environmental Condition is identified due to the actual or conjectured presence of environmental contamination at an Owned Real Property in question, or at a Leased Real Property where the Recognized Environmental Condition is identified as potentially arising out of the Seller's actions, the Seller shall initiate a Phase II environmental site assessment in respect of each such Recognized Environmental Condition; provided, however, that upon request by the Seller, the Purchaser may waive the requirement that the Seller undertake a Phase II environmental site assessment with respect to any particular Recognized Environmental Condition. A copy of a report of each Phase II environmental site assessment and any additional environmental site assessment necessary to delineate the Recognized Environmental Condition in question (each site assessment or other such reports, a "Phase II Report") shall promptly be delivered to the Seller and the Purchaser as it is completed. With respect to either Owned Real Property or Leased Real Property, where the Recognized Environmental Condition is identified solely d...
Environmental Assessment Reports. Buyer shall have received an environmental site assessment report with respect to Seller’s Facilities, which report shall be acceptable in form and substance to Buyer in its sole discretion.
