Environmental Limitations. Notwithstanding any provision to the contrary in this Agreement, with respect to any Losses arising from Pre-Closing Environmental Liabilities or with respect to breaches of the representations and warranties contained in Section 4.11 (Environmental Matters): (a) Seller shall have satisfied its obligations with respect to any remedial action to the extent such remedial action is conducted to standards applicable to industrial properties, including the use of risk-based cleanup standards, natural attenuation, and deed restrictions so long as such use is not prohibited by the Governmental Entity overseeing such remedial action and (b) Seller shall not be required to indemnify any Purchaser Indemnitees for any such Losses (i) except to the extent such Losses are required to comply with Environmental Law in force and in effect on the Closing Date; (ii) to the extent Purchaser Indemnitees exacerbate any such Losses after the Closing Date (excluding exacerbation arising from post-Closing activities by Purchaser Indemnitees that conform to pre-Closing activities by Seller in connection with the Business as a result of which any representation or warranty in Section 4.11 was inaccurate, until such time as Purchaser Indemnitees know such activities caused such representation or warranty to be inaccurate); (iii) that result or arise from any exposure or alleged exposure to any Hazardous Materials emitted or discharged in connection with the operations of the Business or the Transferred Real Property prior to the Closing Date in compliance with Environmental Laws or applicable Environmental Permits; (iv) resulting or arising from any investigation, removal or remediation of any presence or Release of Hazardous Materials except to the extent such presence or Release existed at concentrations in soil, groundwater or other environmental media on the Closing Date such that the failure to remove or remediate such presence or Release, if known on the Closing Date, would have constituted a violation of or non-compliance with Environmental Law in force and in effect on the Closing Date; and (v) to the extent such Losses arise or result from any exposure or alleged exposure to, or any maintenance, repair, removal or disposal of, asbestos or asbestos-containing materials, other than any maintenance, repair, removal or disposal of asbestos or asbestos-containing materials required as of the Closing Date under any Environmental Law in force and effect on the Closing Date.
Environmental Limitations. Do not proceed with installation of joint sealants when ambient and substrate temperature conditions are outside limits permitted by joint sealant manufacturer or are below 40 deg F (4.4 deg C). PART 2 - PRODUCTS
Environmental Limitations. Do not proceed with glazing when ambient and substrate temperature conditions are outside limits permitted by glazing material manufacturers and when glazing channel substrates are wet from rain, frost, condensation, or other causes.
1. Do not install glazing sealants when ambient and substrate temperature conditions are outside limits permitted by sealant manufacturer or below 40 deg F.
Environmental Limitations. Notwithstanding any provision to the contrary in this Agreement, with respect to any Losses arising from Retained Environmental Liabilities, Pre-Closing Environmental Liabilities or with respect to breaches of the representations and warranties contained in Section 3.11 (Environmental Matters): (x) Transferor shall have satisfied its obligations with respect to any remedial action to the extent such remedial action is conducted to standards applicable to industrial properties, including the use of risk-based cleanup standards, natural attenuation, and deed restrictions so long as such use is not prohibited by the Governmental Authority overseeing such remedial action and (y) Transferor shall not be required to indemnify any Issuer Indemnitees for any such Losses (i) except to the extent such Losses are required to comply with Environmental Law in force and in effect on the Closing Date; (ii) to the extent Issuer Indemnitees exacerbate any such Losses after the Closing Date (excluding exacerbation arising from post-Closing activities by Issuer Indemnitees that conform to pre-Closing activities by Transferor in connection with the Transferred Business as a result of which any representation or warranty in Section 3.11 was inaccurate, until such time as Issuer Indemnitees know such activities caused such representation or warranty to be inaccurate); and (iii) resulting or arising from any investigation, removal or remediation of any presence or Release of Hazardous Materials except to the extent such presence or Release existed at concentrations in soil, groundwater or other environmental media on the Closing Date such that the failure to remove or remediate such presence or Release, if known on the Closing Date, would have constituted a violation of or non-compliance with Environmental Law in force and in effect on the Closing Date.
Environmental Limitations. The PSI Indemnified Parties shall not be entitled to indemnification otherwise available under Section 7.1 with respect to any Losses to the extent such Losses arise as a result of or in connection with any post-Closing disclosure or reporting to any Governmental Body or other third party unless such disclosure or reporting is required by Environmental Law (including, as necessary, to obtain Permits required by Environmental Law), or required by binding Order issued by any Governmental Body or as may otherwise be agreed in writing by Seller Representative.
Environmental Limitations. Buyer Parties shall not be entitled to recover under this Article IX for any Loss (and no such Loss shall be aggregated for purposes of this Article IX) to the extent caused or triggered by (i) any “Phase II” investigation, sampling or other invasive testing of environmental media, any remedial or investigatory action or any disclosure or reporting to any Governmental Authority or other Person, in each case by Buyer and that is not required by Environmental Laws or Licenses issued under Environmental Laws, mandated by a Governmental Authority, necessary in response to developments occurring after the Closing which indicate a potential material threat to human health or the environment, conducted in connection with defending against or otherwise responding to a Third Party Claim, or required to comply with any lease requirements pertaining to any Leased Real Property; (ii) any changes in Law or (iii) any change in operations at or use of a properties of the Buyer or the Company Group, in the case of each of clauses (i), (ii), and (iii), that occurs after the Closing.
Environmental Limitations. Do not proceed with installation of joint sealants under following conditions:
Environmental Limitations. (A) CAP The liability of the Vendor under the Environmental Indemnity shall not in any event exceed in aggregate (i) the purchase price payable hereunder for the Sale Shares as set out in clause 3.1 (subject to adjustment as therein referred to) plus the amount of the Indebtedness less (ii) all sums paid by the Vendor under this Agreement by reason of any breach by the Vendor of its obligations contained herein or of the Warranties or under the indemnities in any of the schedules hereto.
Environmental Limitations. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. CLIENT understands that INSPECTOR will NOT be testing for mold. CLIENT understands that INSPECTOR will NOT test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, lead water pipes, lead solder, urea, formaldehyde, molds, soil contamination, polluted water, waterborne hazards, toxic or flammable materials, pest infestation and other environmental hazards or violations.
Environmental Limitations. Do not apply asphalt materials if subgrade is wet or excessively damp, if rain is imminent or expected before time required for adequate cure, or if the following conditions are not met:
1. Prime Coat: Minimum surface temperature of 60 deg. F
2. Tack Coat: Minimum surface temperature of 60 deg. F
3. Asphalt Base Course: Minimum surface temperature of 40 deg. F and rising at time of placement.
4. Asphalt Surface Course: Minimum surface temperature of 60 deg. F at time of placement.
