Common use of Environmental Deductibles Clause in Contracts

Environmental Deductibles. Notwithstanding anything to the contrary 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 ($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) 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 Defect Deductible.

Appears in 2 contracts

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

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Environmental Deductibles. Notwithstanding anything to the contrary in this Agreementcontrary, (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 55 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 such Environmental Defects in excess of the amount by which the aggregate amount of such Remediation Amounts exceeds the Environmental Defect Deductible.

Appears in 2 contracts

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

Environmental Deductibles. Notwithstanding anything to the contrary in this Agreementcontrary, (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 ​ ​ twenty-five thousand dollars $1,000,000 ($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 the Sellers for any Environmental Defect Condition 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 Conditions that exceed the Individual Environmental Defect Threshold (but Threshold, in the aggregate, excluding any Environmental Conditions cured by the Sellers, plus (2) the Title Defect Amounts of all Title Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold and any Title Defects cured by Seller) exceeds the Sellers, (B) two percent (2%) of exceeds the Purchase Price (the “Environmental Defect Aggregate 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 such Environmental Conditions in excess of such Remediation Amounts exceeds the Environmental Defect 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 in this Agreementcontrary, (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 $500,000 ($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 environmental defects that exceed the Individual Environmental Threshold, in the aggregate, excluding any environmental defects cured by Seller, plus (2) the Title Defect Amounts of all Title Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold (but excluding and any Environmental Title Defects cured by Seller) exceeds , (B) two percent (2%) of exceeds the Purchase Price (the “Environmental Defect Aggregate 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 such environmental defects in excess of such Remediation Amounts exceeds the Environmental Defect Aggregate Deductible.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Houston Exploration Co)

Environmental Deductibles. Notwithstanding anything to the contrary in this Agreementcontrary, (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 ​ ​ twenty-five thousand dollars $50,000 ($25,000) (the “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 (A) the amount of the sum of (1A) the aggregate Remediation Amounts of all such Environmental Defects asserted against Seller that exceed the Individual Environmental Defect Threshold (but excluding any Remediation Amounts attributable to Environmental Defects cured by Seller) exceeds Sellers), plus (B) two percent the aggregate Title Defect Amounts of all Title Defects that exceed the Individual Title Defect Threshold (2%) of excluding any Title Defect Amounts attributable to Title Defects cured by Sellers), exceeds the Purchase Price (the “Environmental Defect Aggregate Deductible”), after which point Buyer shall only be entitled to adjustments to the Purchase Price or other applicable remedies available hereunder, but only with respect to such Environmental Defects in excess of the amount by which Aggregate Deductible. Notwithstanding anything to the contrary in this Article 4, the aggregate amount Remediation Amounts attributable to the effects of all Environmental Defects upon any single Environmental Defect Property shall not exceed the Allocated Value of such Remediation Amounts exceeds the Environmental Defect DeductibleProperty.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Endeavour International Corp)

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Environmental Deductibles. Notwithstanding anything to the contrary in this Agreementcontrary, (i) in no event shall there be any adjustments to the Purchase Price or other remedies provided by Seller for any individual Environmental Defect Condition 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 Condition 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 Conditions that exceed the Individual Environmental Defect Threshold (but Threshold, in the aggregate, excluding any Environmental Defects cured Conditions Remediated by Seller) , exceeds (B) two percent (2%) of the Purchase Price (the “Environmental Defect Condition 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 portion of the aggregate amount Remediation Amounts in excess of such Environmental Condition Deductible; provided that the entire Remediation Amounts exceeds Amount and not just the portion in excess of the Individual Environmental Threshold shall be counted toward determining whether the Environmental Defect DeductibleCondition Deductible has been met.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carrizo Oil & Gas Inc)

Environmental Deductibles. Notwithstanding anything to the contrary in this AgreementArticle 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 ​ ​ twenty-five thousand dollars $50,000 per individual Well, Well Location or other portion of the Assets affected by such Environmental Defect ($25,000) (the “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 amount of the sum of (1i) the aggregate Remediation Amounts of all such Environmental Defects asserted against Seller that exceed the Individual Environmental Defect Threshold (but Threshold, in the aggregate, excluding any Environmental Defects cured by Seller, plus (ii) exceeds (B) two percent (2%) the sum of the Purchase Price (Defect Adjustments for all Defective Interests exceeds the “Environmental Defect Aggregate 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 aggregate Environmental Defects and Defect Adjustments in excess of the amount by which the aggregate amount of such Remediation Amounts exceeds the Environmental Aggregate Defect Deductible.

Appears in 1 contract

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

Environmental Deductibles. Notwithstanding anything to the contrary in this Agreementcontrary, (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 $200,000 ($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 environmental defects that exceed the Individual Environmental Threshold, in the aggregate, excluding any environmental defects cured by Seller, plus (2) the Title Defect Amounts of all Title Defects, in the aggregate, excluding any individual Title Defect for which the Title Defect Amount does not exceed the Individual Title Defect Threshold (but excluding and any Environmental Title Defects cured by Seller) exceeds , (B) two percent (2%) of exceeds the Purchase Price (the “Environmental Defect Aggregate 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 such environmental defects in excess of such Remediation Amounts exceeds the Environmental Defect Aggregate Deductible.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Houston Exploration Co)

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