Environmental Condition of the Site. The environmental condition of the Site 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 Site. Based 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. Based 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. Subject to the satisfaction of the conditions set forth in Section 205.2(g), the Developer shall be deemed to have approved the Environmental Condition of 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:
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,
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 Section 3.5 Central Treatment Plant Upgrade and Expansion Project Design-Build Contract Article III- Ownership of the Project; Use and Condition of the Site and the Central Treatment Plant otherwise affect the scope of the City’s obligations with respect to Pre-Existing Environmental Conditions, as expressly set forth in this Design-Build Contract.
Environmental Condition of the Site. Based 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:
Environmental Condition of the Site. Except as set forth in the Environmental Audit described in Section 6.1(vi),
Environmental Condition of the Site. The 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)..
