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Environmental Condition of the Site Sample Clauses

Environmental Condition of the Site. The environmental condition of the Site and Improvements shall be reasonably acceptable to Developer and Developer shall not have elected to terminate this Agreement pursuant to Section 2.3.3.
Environmental Condition of the SiteBased on the disclosure of the City as described in (a) above, and the Developer’s investigation of the Site, it is acknowledged by the parties that the List of Environmental Condition Documents disclose that: (i) the Xxxxxxxx Landfill was formerly used for disposal of primarily construction debris and demolition wastes, (ii) the Sparks Landfill was formerly used for the disposal of primarily solid waste, (iii) the Xxxxx Mud Pit was formerly used for the disposal of oil well drilling fluid and other liquid wastes, and (iv) Landfill Gases, including methane, associated with the Xxxxxxxx Landfill and the Sparks Landfill are presently being mitigated using Landfill Gas collection systems.
Environmental Condition of the Site. Except as set forth in the Environmental Audit described in Section 6.1(vi) or any other environmental report delivered to the Participants (whether or not addressed to the Participants) before the Document Closing Date, (i) Lessee has not received any written notice of, or written inquiry from any Governmental Authority regarding, any Environmental Claim or any violation or non-compliance with Environmental Laws with regard to the Site; (ii) Lessee has not stored, released or transported any Hazardous Substances on the Leased Property or the Site in violation of Environmental Laws; (iii) the Site does not contain any Hazardous Substance at, on or under the Site in amounts or concentrations that constitute a violation of Environmental Laws; and (iv) Lessee has or will have obtained all Governmental Actions which are required of it under all Environmental Laws with regard to the Site.
Environmental Condition of the Site. Except as set forth in the Environmental Audit described in Section 6.1(vi) of the Participation Agreement or as could not reasonably be expected to result in a Material Adverse Effect: (i) neither the Parent Guarantor nor the Lessee has received any written notice of, or written inquiry from any Governmental Authority regarding, any Environmental Claim or any violation or non-compliance with Environmental Laws with regard to the Site; (ii) neither the Parent Guarantor nor the Lessee has stored, released or transported any Hazardous Substances on the Leased Property or the Site in violation of Environmental Laws; (iii) the Site does not contain any Hazardous Substance at, on or under the Site in amounts or concentrations that constitute a violation of Environmental Laws; and (iv) Parent Guarantor or Lessee has obtained all Governmental Approvals relating to the Site which are required of it under all Environmental Laws.
Environmental Condition of the Site. Authority has delivered to Developer any and all Environmental Reports relating to the Site and the Improvements in the Authority’s possession. A list of the Environmental Reports delivered to Developer and Environmental Reports to be prepared, copies of which shall be delivered to Developer promptly upon receipt and approval thereof by Authority, is set forth in Attachment No. 15, which is attached hereto and incorporated herein. Except as disclosed in the Environmental Reports delivered to Developer, Authority represents to Developer that it is not aware of, to its Best Knowledge, and it has not received any additional or unrelated notice or communication from any governmental agency having jurisdiction over the Site or Improvements, notifying it of the presence of Hazardous Materials in, on, or under the Site or Improvements, or any portion thereof. At all times relevant to this Agreement or the Ground Lease, Developer agrees to provide Authority with any additional supplemental or updated documents relating to the physical and/or environmental condition of the Site and Improvements, including those relating to the soils and groundwater, which are received by Developer.
Environmental Condition of the Site. (A) Phase I Environmental Assessments. Each party acknowledges that it has reviewed (i) the Phase I Environmental Site Assessment, City of Tacoma Central Wastewater Treatment Plant (Brown and Caldwell, dated April, 2004), (ii) the Geotechnical Data Report, Central Wastewater Treatment Plant Upgrade and Expansion Phase III, Tacoma Washington, (Xxxxxxx & Xxxxxx, Inc., April 2004) and (iii) the CTP Asbestos and Lead-Based Paint Survey (BHC, October 2003) prepared on behalf of the City and that, based thereon, neither party requires any further environmental review of the Site for purposes of this Design-Build Contract prior to the commencement of construction; provided that the foregoing shall not be deemed to limit or Central Treatment Plant Upgrade and Expansion Project
Environmental Condition of the Site. The environmental condition of the Site shall be reasonably acceptable to Authority, as determined by the Executive Director in her reasonable discretion and based in part on the Health Risk Assessment which shall have been conducted for the Site as set forth in Section 207.1. In addition, the RAP and the Supplemental RAP shall have been approved by OCHCA, RWQCB, and/or the Department of Toxic Substances
Environmental Condition of the SiteBased on the disclosure of the Agency as described in (a) above, and the Developer’s heretofore investigation of the Site, it is acknowledged by the parties that the List of Environmental Condition Documents disclose that:‌ (i) the Xxxxxxxx Landfill was formerly used for disposal of primarily construction debris and demolition wastes, (ii) the Sparks Landfill was formerly used for the disposal of primarily solid waste, (iii) the Xxxxx Mud Pit was formerly used for the disposal of oil well drilling fluid and other liquid wastes, and (iv) Landfill Gases, including methane, associated with the Xxxxxxxx Landfill and the Sparks Landfill are presently being mitigated using two Landfill Gas collection systems, which systems currently contain several maintenance deficiencies.
Environmental Condition of the SiteThe Company shall, without limitation, indemnify Issuer with respect to any and all claims, damage, losses or liabilities relating to any environmental matters, including any pre-Closing or post-Closing contamination discovered on, under, at or migrating from the Site; provided that if a court of competent jurisdiction determines that any of the provisions of such indemnity violate O.C.G.A. § 13-8-2 and are applicable to this Agreement, the indemnity contained in this Section shall not extend to any indemnification which is prohibited by O.C.G.A. § 13-8-2. Said indemnity shall survive the Closing and the expiration or termination of the Bond Lease (defined below)..
Environmental Condition of the Site