Environmental Baseline Sample Clauses

Environmental Baseline. (a) The Government Parties have treated the characterization of the site conditions and the environmental liabilities included in the Company Report as a preliminary baseline environmental assessment of the Mine (the “Environmental Assessment”). The analysis in the Company Report did not consider economic redevelopment of the [Mine] mining and processing facilities such as is contemplated by this Agreement. [Consulting Company] has been engaged to conduct a further characterization of site conditions that shall also form part of the Environmental Assessment, provided a report of this characterization is completed and delivered to [Mine] at least three (3) Months prior to the Project Notice Date.
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Environmental Baseline. Buyer acknowledges that the Facility, the Seller Retained Option Property and Seller Retained Wetlands Property, have been used for refining, terminaling, storing, and blending of petroleum hydrocarbons and for other industrial purposes. Buyer understands that Environmental Conditions are or may be present on or under the Facility, the Seller Retained Option Property and Seller Retained Wetlands Property, or in or under other real property and natural features in the vicinity of the Facility, the Seller Retained Option Property and Seller Retained Wetlands Property.
Environmental Baseline. The County has estimated that due to development pressures and increased population growth, the County’s water quality will most likely decline over time if no new measures or controls are developed for the watershed -- resulting in either non-attainment of EWH standards or the need to reclassify the EFLMR to a lower use class. The current water quality standards are based on the requirements for EWH, resulting in the EFLMR being designated as a State Resource Water. Thus, the baseline this Project will use to measure SEP will be an estimated future degraded water quality condition that will most likely happen given current control measures and reasonably anticipated future regulations. Since the Project team members will be working together as part of Phase I implementation to identify the best approaches to predict future water quality, a clearer picture of the environmental baseline should emerge during this initial Project phase.
Environmental Baseline. It refers to the physical, chemical and biological aspects and oceanographic conditions of the receiving body, which includes an inventory of Environmental Liabilities, and is part of the Environmental Impact Study to be approved by the Competent Government Authority.
Environmental Baseline. Prior to Closing, the Buyer and Seller shall mutually establish the baseline environmental conditions of the Facilities (“Environmental Baseline”) in the following manner:
Environmental Baseline. Lessee acknowledges that the Property has been used for terminalling, used oil recycling and blending, and other industrial purposes. Lessee understands that Hazardous Substances may have spilled, leaked, seeped, entered, or otherwise may have been released onto or into the soil, groundwater or surface water, that the facility has been subject to various NDEP "stop orders", all of which, to Landowner’s actual knowledge, have been cured, and that Hazardous Substances may still be present on or under the property or in or under other real property and natural features in the vicinity of the Bango Used Oil Recycling Facility.

Related to Environmental Baseline

  • Environmental Site Assessments Upon request by Landlord during the Term of this Lease, prior to the exercise of any renewal Term and/or prior to vacating the Premises, Tenant will obtain and submit to Landlord an environmental site assessment from an environmental consulting company reasonably acceptable to Landlord.

  • Environmental Compliance The Borrower and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrower has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Environmental Site Assessment Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

  • Environmental Audits There are no environmental audits, evaluations, assessments, studies or tests relating to the Corporation except for ongoing assessments conducted by or on behalf of the Corporation in the ordinary course.

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other xxxxx or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test xxxxx or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.

  • Environmental Assessments Foreclose on or take a deed or title to any commercial real estate without first conducting a Phase I environmental assessment of the property or foreclose on any commercial real estate if such environmental assessment indicates the presence of a Hazardous Substance in amounts which, if such foreclosure were to occur, would be material.

  • Environmental Report Lender shall have received an Environmental Report (not more than six months old) with respect to the Property that discloses no material environmental contingencies with respect to the Property.

  • O.S.H.A. and Environmental Compliance (a) Each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations.

  • Environmental Studies Promptly conduct and complete, at Borrower’s expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or used by Borrower.

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