Environmental Contingency Sample Clauses
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Environmental Contingency. Buyer intends to conduct additional environmental assessment of the Property to determine the extent, if any, of environmental contamination on the Property. Buyer shall only conduct additional environmental assessment in accordance with a supplemental written investigation plan prepared by Buyer (the “Supplemental Testing Plan”) and approved in writing by Seller (such Supplemental Testing Plan to be submitted to Seller for approval no later than thirty (30) days after the Agreement Date); provided, that any approval of any testing plan shall not be deemed an endorsement, warranty or representation by Seller of the suitability or completeness of Buyer’s investigation plan; and, provided further, that that any Report(s), including any additional Phase II environmental assessment, shall be of a scope necessary to characterize the environmental conditions of the entire Property. The initial approved Phase II testing plan is attached hereto as Exhibit G. Neither Buyer nor its consultants shall submit any data, sampling results, or reports to the Washington Department of Ecology or any other party prior to Closing without Seller’s prior written consent. If Buyer determines (in Buyer's sole and absolute discretion) that Buyer is satisfied with its environmental assessment, then Buyer shall, prior to expiration of the Contingency Period, deliver a Notice to Seller waiving the contingency under this subsection 4.01(c). If Buyer fails to deliver to Seller such Notice of satisfaction prior to expiration of the Contingency Period, then the contingency under this subsection 4.01(c) shall be conclusively deemed not satisfied, this Agreement shall automatically terminate and the ▇▇▇▇▇▇▇ Money Note shall be promptly returned to Buyer and neither Buyer or nor Seller shall have any further obligation under this Agreement; provided further, if (i) Buyer fails to timely deliver a Notice of satisfaction of the contingency under this subsection and (ii) Seller has refused to approve the Supplemental Testing Plan timely submitted in writing to Seller for approval, the Contract Fee shall also promptly be returned to Buyer.
Environmental Contingency. No later than five (5) business days after the Buyer has waived its Due Diligence Contingency, Seller shall apply to enroll the Property in the Washington State Department of Ecology (“DOE”) Voluntary Cleanup Program (“VCP”). Within five (5) business days after Seller provides Buyer with written notice from the DOE that the Property has been accepted in the VCP, Buyer shall contract, at Buyer’s sole cost and expense, with an environmental consultant for the design of an Independent Remedial Action Plan (“IRAP”) for submission to DOE under the VCP. Buyer shall be solely responsible for all costs associated with DOE’s services under the VCP. No later than ten (10) days after Seller provides Buyer with DOE’s written opinion under the VCP providing either (i) that upon completion of the proposed IRAP, no further remedial action will likely be necessary at the Property (“Likely NFA Letter”), or (ii) that the proposed IRAP does not meet the substantive requirements of the Washington State Model Toxics Control Act (“Likely FA Letter”), Buyer shall provide Seller with written notice that it is waiving the environmental contingency under this Paragraph. If Buyer fails to provide Seller with the written notice of waiver within the ten
Environmental Contingency. (a) Environmental Review. Seller (i) has provided Purchaser with the reports listed in Rider 3, attached hereto, (ii) will make available to Purchaser the other final reports and communications with third-parties in Seller's files relating to Environmental Conditions (defined herein) on and adjacent to the Premises, promptly after execution of this Agreement by all parties hereto, at the property management office located at the Premises, upon prior notice to Seller, and (iii) encourages Purchaser to review the same. Purchaser may review and inspect the Premises with regard to any and all information contained on Rider 3, pursuant to the terms of Section 0. In the event Purchaser desires to do any testing at the Premises, Purchaser shall give Seller prior written notice and a reasonable opportunity to approve or disapprove such testing before Purchaser enters the Premises, which approval shall not be unreasonably withheld. On or before the Contingency Expiration Date, Purchaser shall provide written notice to Seller of any specific Environmental Conditions it determines are unsatisfactory ("Purchaser's Environmental Objections"). Failure to provide Purchaser's Environmental Objections on or before the Contingency Expiration Date shall constitute a waiver of the Environmental Contingency.
Environmental Contingency. If during the course of Purchaser’s due diligence of the Property pursuant to this Article III, Purchaser discovers the presence of hazardous materials on or released from the Property in any quantity or concentration exceeding the limits allowed by applicable law, Purchaser shall have the right to give notice to Seller, accompanied by a copy or copies of the Third-Party Report(s) disclosing and confirming the presence of such hazardous materials, stating that Purchaser is terminating this Contract due to the presence of such hazardous materials on or adversely affecting the Property. Any such notice and accompanying Third-Party Report must be given no later than 5:00 p.m. Pacific Time on or before the date of expiration of the Feasibility Period, and if so given, this Contract shall terminate and the Deposit, including the Non-Refundable Portion, shall be returned to Purchaser.
Environmental Contingency. Within thirty (30) days from the date Purchaser 's attorney receives a fully executed copy of this contract Purchaser may, at Purchaser 's expense, conduct inquiries, inspections, soil tests, borings, and studies as Purchaser may desire. Both parties shall comply with all environmental laws, rules and regulations relating to such environmental testing, including, without limitation any reporting requirements. Purchaser shall be responsible for and shall reimburse Seller for any loss or damage to property caused by Purchaser's entry, including, without limitation, mechanic's liens or claims that may be filed or asserted against the Premises or other property of Seller by contractors, subcontractors or materialmen performing such work for Purchaser; provided, however, Purchaser shall not be liable for any contamination discovered during such testing. In the event that Purchaser's initial environmental inspection requires additional physical data, then the period of this environmental contingency shall be extended for a reasonable time not to exceed an additional thirty (30) days upon Purchaser's request. The initial 30 day period referred to in this section as same may be extended is hereinafter referred to as the Environmental Contingency Period. In the event that the environmental testing conducted by Purchaser reveals that the soil or groundwater is contaminated, or otherwise in violation of any environmental law promulgated by the United States of America, the State of New York or any other municipal authority, then Purchaser may cancel this Contract within the Environmental Contingency Period, unless Seller agrees to remediate such contamination at its sole cost and expense and in accordance with all applicable environmental laws, rules and regulations. Attached is a "No Further Action" letter dated February 24, 2014 from the County of Suffolk, Department of Health Services.
Environmental Contingency. The delivery by Seller within ninety (90) days after the Execution Date or as soon afterwards as received from the state of New Jersey, of a reasonably satisfactory letter of nonapplicability or negative declaration (as appropriate) regarding the premises pursuant to the Industrial Site Recovery Act (N.J.
Environmental Contingency. Section 1 of the Second Amendment provides in part that, in the event Buyer fails to waive its environmental contingency in writing prior to 4:00 pm Hawaii time on August 31, 2009, then the Purchase Agreement shall terminate automatically and Buyer shall receive its deposit. Buyer and Seller hereby amend the Purchase Agreement to provide that Buyer shall have until 4:00 pm Hawaii time on September 30, 2009 to remove its environmental contingency. In the event that Buyer shall not remove such contingency in writing on or before 4:00 pm Hawaii time on September 30, 2009, then the Purchase Agreement shall terminate automatically and buyer shall receive its deposit..
Environmental Contingency. This Purchase Agreement is subject to satisfaction or waiver by Buyer the following contingency, and if the following contingency are not satisfied or waived, in writing, by Buyer by the Closing Date, this Purchase Agreement may be terminated by Buyer, in which event all ▇▇▇▇▇▇▇ Money shall be refunded to the Buyer, and Buyer and Seller agree to sign a cancellation of the Purchase Agreement.
a. Buyer obtaining at Buyer’s expense, any environmental reports or assessments desired by Buyer and assurances acceptable to Buyer from all applicable governmental authorities that the Property is acceptable to Buyer in their sole discretion. Seller grants Buyer and Buyer’s agents permission of access to the Property for testing, and inspection purposes.
Environmental Contingency. Buyer shall be entitled at its option and at its sole expense to conduct an environmental investigation of the Premises for the purposes of verifying the absence of hazardous waste on the Premises at levels above those allowed under applicable state and Federal law. If Buyer's inspection of the Premises reveals levels of hazardous waste above those allowed, it shall so notify the Seller or Seller's attorney in writing on or before five (5) business days from May 1, 2002 (the "Environmental Contingency Date"), whereupon (subject to the terms of Section 11C hereof) this Agreement shall terminate, all deposit monies shall be refunded to Buyer, and this Agreement shall be of no further force or effect and Seller and Buyer shall be discharged of all liability, each to the other, hereunder. Seller agrees to cooperate with Buyer in providing access to the Premises for such investigation, and Seller shall at Buyer's request execute and deliver to Buyer such evidence of Buyer's authorization to conduct such investigation as Buyer reasonably deems necessary. If Seller or Seller's attorney does not receive such written notice on or before the Environmental Contingency Date, this contingency shall be deemed to be fulfilled and this Agreement shall remain in full force and effect.