Common use of Environmental Deductibles Clause in Contracts

Environmental Deductibles. Notwithstanding anything to the contrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed $50,000 (“Individual Environmental Defect Threshold”); and (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1) the Remediation Amounts of all such Environmental Defects that exceed the Individual Environmental Defect Threshold (excluding any Environmental Defects cured by Seller), plus (2) the Title Defect Amounts of all such Title Defects that exceed the Individual Title Defect Threshold (excluding any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) the Defect Deductible, after which point Buyer shall be entitled to adjustments to the Purchase Price or other remedies only with respect to such Environmental Defects in excess of the Defect Deductible.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Range Resources Corp)

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Environmental Deductibles. Notwithstanding anything to the contrarycontrary in this Agreement, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed ​ ​ twenty-five thousand dollars ($50,000 25,000) (the “Individual Environmental Defect Threshold”); and (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the amount of the sum of (1) the aggregate Remediation Amounts of all such Environmental Defects asserted against Seller that exceed the Individual Environmental Defect Threshold (but excluding any Environmental Defects cured by Seller), plus (2) the Title Defect Amounts of all such Title Defects that exceed the Individual Title Defect Threshold (excluding any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) two percent (2%) of the Purchase Price (the “Environmental Defect Deductible”), after which point Buyer shall be entitled to adjustments to the Purchase Price or other applicable remedies available hereunder, but only with respect to the amount by which the aggregate amount of such Remediation Amounts exceeds the Environmental Defects in excess of the Defect Deductible.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Evolution Petroleum Corp), Purchase and Sale Agreement (Evolution Petroleum Corp)

Environmental Deductibles. Notwithstanding anything to the contrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller the Sellers for any individual Environmental Defect Condition for which the Remediation Amount does not exceed $50,000 1,000,000 (“Individual Environmental Defect Threshold”); and (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller the Sellers for any Environmental Defect Condition for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1) the Remediation Amounts of all such Environmental Defects Conditions that exceed the Individual Environmental Defect Threshold (Threshold, in the aggregate, excluding any Environmental Defects Conditions cured by Seller)the Sellers, plus (2) the Title Defect Amounts of all such Title Defects that Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold (excluding and any Title Defects cured by Seller)the Sellers, minus (3) all Title Benefit Amounts, exceeds (B) exceeds the Defect Aggregate Deductible, after which point Buyer shall be entitled to adjustments to the Purchase Price or other remedies only with respect to such Environmental Defects Conditions in excess of the Defect such Aggregate Deductible.

Appears in 2 contracts

Samples: Contribution and Sale Agreement (Eagle Rock Energy Partners L P), Contribution and Sale Agreement (Eagle Rock Energy Partners L P)

Environmental Deductibles. Notwithstanding anything to the contrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed $50,000 200,000 (“Individual Environmental Defect Threshold”); and (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1) the Remediation Amounts of all such Environmental Defects environmental defects that exceed the Individual Environmental Defect Threshold (Threshold, in the aggregate, excluding any Environmental Defects environmental defects cured by Seller), plus (2) the Title Defect Amounts of all such Title Defects that Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold (excluding and any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) exceeds the Defect Aggregate Deductible, after which point Buyer shall be entitled to adjustments to the Purchase Price or other remedies only with respect to such Environmental Defects environmental defects in excess of the Defect such Aggregate Deductible.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Houston Exploration Co)

Environmental Deductibles. Notwithstanding anything to the contrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller Sellers for (i) any individual Environmental Defect for which the Remediation Amount does not exceed $50,000 (“Individual Environmental Defect Threshold”); and , or (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold Threshold, unless the sum of (A) the sum of (1) the aggregate Remediation Amounts of all such Environmental Defects that exceed the Individual Environmental Defect Threshold (excluding any Remediation Amounts attributable to Environmental Defects cured by SellerSellers), plus (2B) the aggregate Title Defect Amounts of all such Title Defects that exceed the Individual Title Defect Threshold (excluding any Title Defect Amounts attributable to Title Defects cured by SellerSellers), minus (3) all Title Benefit Amounts, exceeds (B) the Defect Aggregate Deductible, after which point Buyer shall only be entitled to adjustments to the Purchase Price or other remedies only with respect to such Environmental Defects in excess of the Aggregate Deductible. Notwithstanding anything to the contrary in this Article 4, the aggregate Remediation Amounts attributable to the effects of all Environmental Defects upon any single Environmental Defect DeductibleProperty shall not exceed the Allocated Value of such Environmental Defect Property.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Endeavour International Corp)

Environmental Deductibles. Notwithstanding anything to the contrarycontrary in this Article V, (ia) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed $50,000 per individual Well, Well Location or other portion of the Assets affected by such Environmental Defect (“Individual Environmental Defect Threshold”); and (iib) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1i) the Remediation Amounts of all such Environmental Defects that exceed the Individual Environmental Defect Threshold (Threshold, in the aggregate, excluding any Environmental Defects cured by Seller), plus (2ii) the Title Defect Amounts sum of all such Title Defects that exceed the Individual Title Defect Threshold (excluding any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) the Defect Adjustments for all Defective Interests exceeds the Aggregate Deductible, after which point Buyer shall be entitled to adjustments to the Purchase Price or other remedies only with respect to such aggregate Environmental Defects and Defect Adjustments in excess of the Aggregate Defect Deductible.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Plains Exploration & Production Co)

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Environmental Deductibles. Notwithstanding anything to the contrary, : (i) in no event shall will there be any adjustments to the Purchase Price Closing Cash Amount or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed $50,000 100,000 (“Individual Environmental Defect Threshold”); and (ii) in no event shall will there be any adjustments to the Purchase Price Closing Cash Amount or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1) the aggregate Remediation Amounts of all such Environmental Defects that exceed the Individual Environmental Defect Threshold (Threshold, but excluding any Remediation Amounts attributable to any Environmental Defects cured by Seller), plus Seller prior to the expiration of the Cure Period exceeds $1,000,000 (2) the Title Defect Amounts of all such Title Defects that exceed the Individual Title Defect Threshold (excluding any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) the “Environmental Defect Deductible”), after which point Buyer shall will be entitled to adjustments remedies for such Environmental Defect only to the Purchase Price or other remedies only extent that the Remediation Amounts with respect to such Environmental Defects thereto are in excess of the Environmental Defect Deductible.

Appears in 1 contract

Samples: Acquisition Agreement (Swift Energy Co)

Environmental Deductibles. Notwithstanding anything to the contrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed $50,000 500,000 (“Individual Environmental Defect Threshold”); and (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1) the Remediation Amounts of all such Environmental Defects environmental defects that exceed the Individual Environmental Defect Threshold (Threshold, in the aggregate, excluding any Environmental Defects environmental defects cured by Seller), plus (2) the Title Defect Amounts of all such Title Defects that Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold (excluding and any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) exceeds the Defect Aggregate Deductible, after which point Buyer shall be entitled to adjustments to the Purchase Price or other remedies only with respect to such Environmental Defects environmental defects in excess of the Defect such Aggregate Deductible.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Houston Exploration Co)

Environmental Deductibles. Notwithstanding anything to the contrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect for which the Remediation Amount does not exceed Two Hundred Thousand Dollars ($50,000 200,000.00) (“Individual Environmental Defect Threshold”); and (ii) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any Environmental Defect for which the Remediation Amount exceeds the Individual Environmental Defect Threshold unless (A) the sum of (1) the Remediation Amounts of all such Environmental Defects that exceed the Individual Environmental Defect Threshold (Threshold, in the aggregate, excluding any Environmental Defects cured by Seller), plus (2) the Title Defect Amounts of all such Title Defects that Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold (excluding and any Title Defects cured by Seller), minus (3) all Title Benefit Amounts, exceeds (B) exceeds the Defect Aggregate Deductible, after which point Buyer shall be entitled to adjustments to the Purchase Price or other remedies only with respect to such Environmental Defects in excess of the Defect such Aggregate Deductible.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Black Elk Energy Finance Corp.)

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