Environmental Remediation Work Sample Clauses

Environmental Remediation Work. At the City’s sole cost and expense, the City shall engage and retain such additional qualified and experienced engineers, consultants and contractors (which shall be reasonably acceptable to Developer) as are necessary to remove and dispose of off-site, in strict accordance with Environmental Laws, any asbestos-containing materials, lead-based paint, and/or other Hazardous Materials located on the Property (collectively, the “City Environmental Work Plan”). The City Environmental Work Plan shall also include but not be limited to the supplemental investigation and/or remediation (to case closure or functional equivalent) of any additional Hazardous Materials discovered or disclosed in the course of the City’s performance of the City Environmental Work Plan, if any.
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Environmental Remediation Work. As further described in Section 2.7 below, Purchaser and Seller intend to enter into an Environmental Remediation Agreement in a form mutually acceptable to Purchaser and Seller (the “Remediation Agreement”), pursuant to which Seller shall, from and after the Effective Date and continuing beyond the Closing, perform certain environmental remediation and monitoring activities (the “Remediation Work”) with respect to certain Hazardous Substances (defined in Section 5.1(f)) on and beneath the Real Property, all as more particularly described in the Remediation Agreement.
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Environmental Remediation Work. During the Trust Period, the Purchaser and its authorized representatives shall be authorized to perform certain remediation work on the tailings dam of the Stock Mill Complex as required by the MNDM to satisfy work orders set out in Schedule "C" attached hereto, provided that the Purchaser acknowledges and agrees that it shall not be entitled to be indemnified by the Vendor for any costs it incurs pursuant to this section 6.1(c).
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Environmental Remediation Work. As further described in Section 2.8 below, prior to the expiration of the Inspection Period, Purchaser and Seller intend to enter into an Environmental Remediation Agreement in a form mutually acceptable to Purchaser and Seller (the “Remediation Agreement”), pursuant to which Seller shall, from and after the execution of the Remediation Agreement and continuing beyond the Closing, perform certain remediation and groundwater monitoring activities (the “Remediation Work”) with respect to certain Hazardous Substances (defined in Section 5.1(f)) on and beneath the Real Property, all to be more particularly described in the Remediation Agreement. Notwithstanding any provision of this Agreement to the contrary, Purchaser’s obligation to proceed to Closing is conditioned upon Seller having: (i) installed structural fill to all areas excavated as part of the Remediation Work to current grade in a manner reasonably acceptable to Purchaser, (ii) completed at least one (1) round of groundwater sampling indicating the absence of any Hazardous Substances on or beneath the Real Property in excess of any applicable cleanup levels, and (iii) obtained Purchaser’s written approval of the proposed locations of any groundwater monitoring xxxxx to be installed within the Real Property as part of the Remediation Work and Seller’s plan for installing the same and such approval shall not be unreasonably withheld (the “Remediation Contingency”). Seller shall use commercially reasonable efforts to satisfy the Remediation Contingency as soon as reasonably practicable after the Effective Date, but not later than May 1, 2018. If Seller fails to satisfy the Remediation Contingency by May 1, 2018, Purchaser may terminate this Agreement by delivering written notice to Seller and Escrow Agent not later than May 10, 2018, in which case Escrow Agent shall immediately return the Xxxxxxx Money to Purchaser and neither party will have any further obligation to the other, except for those that expressly survive the termination of this Agreement.
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Environmental Remediation Work. (a) Reference is made to that certain Site Investigation Report dated May 2010 and prepared by the PMK Group, Inc., a business unit of Xxxxxxxx Services Group (“BSG- PMK”), setting forth the Phase II environmental assessment findings for the Property (the “Phase and certain environmental conditions on the Property (the “Environmental Conditions”). (b) As soon as practicable after the Effective Date of this Amendment, Seller shall deliver to Purchaser a plan setting forth what (if anything) Seller is willing to do with respect to remediation any of the Environmental Conditions (“Seller's Environmental Plan”). For the avoidance of doubt, Seller's Environmental Plan may state that Seller has elected not to perform any remediation work with respect to Environmental Conditions at the current time. Within three (3) business days after Purchaser's receipt of Seller's Environmental Plan, Purchaser may either (i) provide written notification to Seller that Seller's Environmental Plan is acceptable (“Purchaser's Acceptance Notice”), or (ii) propose in writing an alternative plan for remediation of the Environmental Conditions (“Alternative Environmental Plan”). Purchaser's failure to deliver written notice to Seller pursuant to subsections (i) or (ii) of the immediately preceding sentence shall be deemed an acceptance by Purchaser of Seller's Environmental Plan. (c) If Purchaser delivers a Purchaser's Acceptance Notice to Seller or is deemed to have accepted Seller’s Environmental Plan pursuant to the terms of Section 3(b) of this Amendment or if Seller delivers a Seller’s Acceptance Notice pursuant to the terms of Section 3(d) of this Amendment, it is expressly agreed that Purchaser shall have no right to terminate the Agreement except (i) as set forth in Section 8.2 of the Agreement, or (ii) in the event Seller fails to complete by the Closing Date any work designated to be completed on or prior to the Closing Date in Seller's Environmental Plan (or if applicable, the Alternative Environmental Plan). (d) If Purchaser delivers an Alternative Environmental Plan to Seller pursuant to the terms of Section 3(b) of this Amendment, then within three (3) business days after Seller's receipt of an Alternative Environmental Plan, Seller may either (i) provide written notification to Purchaser that the Alternative Environmental Plan is acceptable (“Seller's Acceptance Notice”), or (ii) terminate this Agreement by written notice to Purchaser, in which event, to the extent the...
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Related to Environmental Remediation Work

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material. (b) Borrower will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Change. (c) If there is any conflict between this Section 6.10 and any environmental indemnity agreement which is a Financing Document, the environmental indemnity agreement shall govern and control.

  • Environmental Review (a) Buyer shall have the right to conduct or cause a consultant (“Buyer’s Environmental Consultant”) to conduct an environmental review of the Assets and Seller’s records pertaining to the Assets (as set forth in Section 3.01) prior to the expiration of the Examination Period (“Buyer’s Environmental Review”). The cost and expense of Buyer’s Environmental Review, if any, shall be borne solely by Buyer. The scope of work comprising Buyer’s Environmental Review shall not include any intrusive test or procedure without the prior written consent of Seller. Buyer shall (and shall cause Buyer’s Environmental Consultant to): (i) consult with Seller before conducting any work comprising Buyer’s Environmental Review, (ii) perform all such work in a safe and workmanlike manner and so as to not unreasonably interfere with Seller’s operations and (iii) comply with all applicable laws, rules, and regulations. Seller shall use commercially reasonable efforts to obtain any Third Party consents and otherwise cooperate with Buyer in conducting Buyer’s Environmental Review and any activities related thereto. Seller shall have the right to have a representative or representatives accompany Buyer and Buyer’s Environmental Consultant at all times during Buyer’s Environmental Review. With respect to any samples taken in connection with Buyer’s Environmental Review, Buyer shall take split samples, providing one of each such sample, properly labeled and identified, to Seller. The Parties shall execute a “common undertaking” letter regarding the confidentiality for the Environmental Review where appropriate. Buyer hereby agrees to release, defend, indemnify and hold harmless Seller from and against all claims, losses, damages, costs, expenses, causes of action and judgments of any kind or character (INCLUDING THOSE RESULTING FROM SELLER’S SOLE, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY) to the extent arising out of Buyer’s Environmental Review. Buyer hereby covenants and agrees that it will have at least $2,000,000 of general liability insurance to cover its indemnification hereunder prior to the commencement of the Environmental Review. (b) Unless otherwise required by applicable law, Buyer shall (and shall cause Buyer’s Environmental Consultant to) treat confidentially any matters revealed by Buyer’s Environmental Review and any reports or data generated from such review (the “Environmental Information”), and Buyer shall not (and shall cause Buyer’s Environmental Consultant to not) disclose any Environmental Information to any Governmental Authority or other Third Party without the prior written consent of Seller unless otherwise required by law. Unless otherwise required by law, prior to the Closing, Buyer may use the Environmental Information only in connection with the transactions contemplated by this Agreement. If Buyer, Buyer’s Environmental Consultant, or any Third Party to whom Buyer has provided any Environmental Information become legally compelled to disclose any of the Environmental Information, Buyer shall, as soon as reasonably practicable, provide Seller with good faith notice prior to any such disclosure so as to allow Seller to attempt to file any protective order, or seek any other remedy, as it deems appropriate under the circumstances. If this Agreement is terminated prior to the Closing, Buyer shall deliver the Environmental Information to Seller, which Environmental Information shall become the sole property of Seller. Buyer shall provide two (2) copies of the Environmental Information to Seller without charge. (c) Buyer acknowledges that the Assets have been used for exploration, development, and production of oil and gas and that there may be petroleum, produced water, wastes, or other substances or materials located in, on or under or associated with the Assets. Equipment and sites included in the Assets may contain asbestos, hazardous substances, or naturally occurring radioactive material (“NORM”). NORM may affix or attach itself to the inside of wxxxx, materials, and equipment as scale, or in other forms. The wxxxx, materials, and equipment located on the Assets may contain NORM and other wastes or hazardous substances. NORM containing material and/or other wastes or hazardous substances may have come in contact with various environmental media, including without limitation, water, soils or sediment. Special procedures may be required for the assessment, remediation, removal, transportation, or disposal of environmental media, wastes, asbestos, hazardous substances and NORM from the Assets.

  • Environmental Audits There are no environmental audits, evaluations, assessments, studies or tests relating to the Corporation except for ongoing assessments conducted by or on behalf of the Corporation in the ordinary course.

  • Remediation The Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.

  • Lessee Remediation Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.

  • Environmental Audit If required by the Administrative Agent, reports and other information in form, scope and substance satisfactory to the Administrative Agent and prepared by environmental consultants satisfactory to the Administrative Agent, concerning any environmental hazards or liabilities to which any Credit Party may be subject with respect to such Additional Mortgaged Property; and

  • Environmental Requirements C7.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental policy, which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • Environmental Release The Borrower agrees that upon the occurrence of an Environmental Release at or on any of the Properties it will act immediately to investigate the extent of, and to take appropriate remedial action to eliminate, such Environmental Release, whether or not ordered or otherwise directed to do so by any Environmental Authority.

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