Environmental Responsibilities. 5.1 In the administration of this PROJECT, the LPA shall be responsible for conducting any required public involvement events, for preparing all required documents, reports and other supporting materials needed for addressing applicable environmental assessment, for clearance responsibilities for the PROJECT pursuant to the National Environmental Policy Act and related regulations, including the requirements of the National Historic Preservation Act; and for securing all necessary permits.
5.2 If the LPA does not have the qualified staff to perform any or all of the respective environmental responsibilities, the LPA shall hire an ODOT Pre-Qualified Consultant through a QBS process. The pre-qualified list is available on the ODOT web page at xxx.xxx.xxxxx.xx.
Environmental Responsibilities. (a) The Sellers have ordered Phase II Environmental Assessments to be performed by Antea Group for each piece of the Real Property with respect to which a Phase I Environmental Assessment recommended that such Phase II Environmental Assessments should be performed. The cost of such assessments shall be paid by the parties in the manner set forth in Section 10.01 of the Disclosure Schedule. The parties hereto acknowledge that, due to the passage of time, certain portions of the Phase I Environmental Assessments for the Real Property will not meet the American Society for Testing and Materials Standard 1527-05 for timeliness as of the Closing Date. Accordingly, the Sellers have caused, or not more than 180 days prior to the Closing Date will cause, Antea Group (or, if Antea Group is unable or unwilling to take such assignment, another environmental consulting firm to be mutually agreed upon by the parties hereto) to prepare updates to such Phase I Environmental Assessments, or any portion thereof, to the extent necessary to ensure that such Phase I Environmental Assessments will be updated to meet the American Society for Testing and Materials Standard 1527-05. If Antea Group (or such other environmental consulting firm) is unable to complete such updates to such Phase I Environmental Assessments by the Closing, the parties hereto will cause such updates to be completed as soon as reasonably practicable after the Closing. The cost of such update shall be paid by the parties in the same manner as the cost of the Phase I Environmental Assessments as reflected in Section 10.01 of the Disclosure Schedule.
(b) As soon as reasonably practicable following the date hereof, the Sellers shall at their expense determine whether applicable Environmental Law requires that any REC or the Environmental Activity associated with such REC be reported to a Governmental Authority with jurisdiction over the matter (an “Agency Notification”). If an Agency Notification of a REC or Environmental Activity is required (i) prior to the Closing, the Sellers shall make such Agency Notification and promptly provide a copy of such Agency Notification to the Buyer, or (ii) after the Closing, the Buyer shall make such Agency Notification and promptly provide a copy of such Agency Notification to the Sellers. After such Agency Notification is made, the Sellers shall perform, or cause to be performed, the appropriate Environmental Activity and the Sellers shall obtain the written concurrence ...
Environmental Responsibilities. A. In the administration of this PROJECT, the Permitee shall be responsible for conducting any required public involvement activities, for preparing all required documents, reports and other supporting materials needed for addressing applicable environmental assessment, for clearance responsibilities for the PROJECT pursuant to the National Environmental Policy Act and related regulations, including the requirements of the National Historic Preservation Act.
B. If the LPA does not have the qualified staff to perform any or all of the respective environmental responsibilities, the LPA shall hire a consultant in accordance with Section 5.
C. ODOT shall be responsible for the review of all environmental documents and reports, and shall complete all needed coordination activities with State and Federal regulatory agencies toward securing environmental clearance.
D. Whichever party obtains the Project’s environmental clearance or permits shall be responsible for assuring compliance with all commitments made as part of such clearance or permit requirements during the construction of the PROJECT.
E. The LPA shall require its consultant to prepare a final environmental document pursuant to the requirements of the National Environmental Policy Act.
F. The LPA shall require its consultant to execute a copy of a disclosure statement specifying that the consultant has no financial or other interest in the outcome of the PROJECT.
G. The LPA shall provide a letter indicating the proposed Best Management Practices (BMPs) to be utilized for post construction storm water management in accordance with the Ohio EPA National Pollutant Discharge Elimination System (NPDES)
Environmental Responsibilities a. The Contractor is responsible for ensuring that all maintenance, fuelling, flight activities and other activities in relation to the Services do not cause environmental damage to property, facilities or the natural environment.
b. In relation to the Services and as required by a Member the Contractor must take reasonable steps to prevent the transfer of environmental contaminants such as soil, seeds, algae, fungi or other plant material on aircraft, vehicles, footwear, clothing or other equipment. To ensure this, the Contractor must create, maintain and implement hygiene protocols acceptable to that Member.
c. In relation to the Services and as required by a Member, the Contractor must conform with that Member’s environmental and hygiene protocols, including decontamination of the Aircraft , MFU and other equipment. In relation to the Services, the Contractor is responsible for cleaning and rehabilitating areas adversely affected by Contractor activities and will use solvents and cleaning agents that are consistent with safety, health and environmental best practices. Wherever practical and possible, biodegradable cleaning agents must be used.
d. In relation to the Services, the Contractor is responsible for containing, handling and clean up of fuel, oil, Fire Retardant and Fire Suppressant contamination on airport ramps, storage, mixing and loading sites, parking areas, landing areas, etc., when caused by Contractor Aircraft, equipment or Personnel.
e. Oil, solvents, parts, engines, etc. used in relation to the Services must be stored and used in a manner consistent with acceptable safety, health and environmental legislation and best practices.
f. In relation to the Services, the Contractor must immediately report any spill of fuel, hazardous chemicals, regulated waste, or hazardous substances to the appropriate reporting authority, NAFC and the Member.
g. The Contractor is responsible for Aircraft wash down, including provision of appropriate infrastructure and equipment and containment and treatment of run-off.
h. The Contractor acknowledges community efforts to reduce energy usage and consumption of water and warrants that to the maximum extent practical they will observe any local restrictions on the use of water that may be in place. The Contractor will take all reasonable steps to conserve water and energy.
i. The Contractor will take all reasonable steps to minimise environmental damage or nuisance caused by Aircraft noise.
Environmental Responsibilities. Concessionaire shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, or accessed by Concessionaire in any manner whatsoever, that was caused by Concessionaire or any of Concessionaire's Parties, or caused by any trespasser on the Premises at any time that Concessionaire was in possession of the Premises. Concessionaire shall, at Concessionaire's sole expense, and upon County's demand or demand of any County agencies or any local, state, or federal regulatory agency, immediately contain, remove, xxxxx, and remediate any Recognized Environmental Conditions and Materials released, discharged, or disposed of on the Premises by Concessionaire, Concessionaire's Parties, or Concessionaire's actions, or upon any other Airport property occupied, utilized, or accessed by Concessionaire or Concessionaire's Parties, in any manner whatsoever. If Concessionaire does not take action immediately to have such Recognized Environmental Conditions and Materials contained, removed, abated and remediated, County or any of its agencies may, upon reasonable notice to Concessionaire (which notice must be written unless an emergency condition exists, as determined by County, at its sole discretion), undertake the containment, removal, abatement, or remediation of the Recognized Environmental Conditions and Materials; however, any such action by County or any of its agencies will not release Concessionaire from its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either Concessionaire or County to contain, remove, xxxxx, or remediate Recognized Environmental Conditions, or a release, discharge, or disposal, whether such action is taken voluntarily or not, is an admission of liability as to the source of, or the person who caused, the Recognized Environmental Conditions or a release, discharge, or disposal. Concessionaire shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within the Applicable Laws. County may pursue damages and any and all other available remedies from Concessionaire if Concessionaire does not comply with any of its obligations.
Environmental Responsibilities. (a) If an ESA conducted by Purchaser (or any ESA conducted by Sellers) prior to the Closing reveals releases of petroleum at the Locations which are required to be reported to the FDEP, and which have not been previously reported to FDEP, then Purchaser shall advise Sellers, as applicable, and Sellers and Company shall promptly, but in all cases prior to Closing, report the same to FDEP. Company shall thereafter undertake Remedial Measures (as described below) for such releases to the extent required by Law at the Locations consistent with a commercial use standard. The Parties acknowledge that the Company is currently undertaking Remedial Measures as set forth on Schedule 5.20. Subject to the last sentence of this Section 8.7(a), Sellers agree to be financially responsible for the cost of any Remedial Measures to the extent such Remedial Measures are not covered by insurance or do not qualify for reimbursement from trust funds from the State of Florida or other applicable governmental agency, if such Remedial Measures are specifically listed on Schedule 5.20 or are related to releases identified in the ESA prior to Closing. Purchaser must request payment for actual costs of the Remedial Measures incurred by Purchaser or Company by giving written notice under the Environmental Escrow Agreement or otherwise to Seller Representative as follows: (i) on or before December 31, 2014, for those Locations listed as “Inactive” on Schedule 5.20, or (ii) on or before December 31, 2015, for those Locations listed as “Active” on Schedule 5.20 or identified in the ESA prior to Closing. Otherwise, subject to Section 8.7(g), Sellers’ financial responsibility under this Section 8.7 shall terminate. (For purposes of clarity, Sellers shall have no obligation with respect to Remedial Measures at the Locations for any releases of petroleum that are first discovered after the Closing.) “Remedial Measures” shall consist of the lowest cost activities reasonably required by applicable Law and by FDEP or other applicable governmental agency to investigate, assess, remediate and/or monitor such releases to achieve a commercial use standard consistent with all applicable Law and regulatory requirements, including but not limited to the use of monitored natural attenuation and the implementation of institutional and engineering controls. “Remedial Measures” do not include activities that exceed what is required by Law, FDEP or other applicable governmental agencies for the existing us...
Environmental Responsibilities. (a) The Parties acknowledge that Seller is currently undertaking Property Remedial Measures as set forth on Schedule 8.5(a); provided that Schedule 8.5(a) may be amended prior to the Closing Date in accordance with Section 7.4. Purchaser understands that Seller shall have no obligation to perform any environmental remediation except for the Property Remedial Measures set forth on Schedule 8.5(a), as may be amended pursuant to Section 7.4. Notwithstanding the foregoing, if an ESA or any Environmental Compliance Testing conducted by Purchaser (or any ESA or Environmental Compliance Testing conducted by Seller) prior to the Closing reveals a release of petroleum or Hazardous Substances at any of the Properties which is required to be reported to the Applicable State Environmental Agencies, and which have not been previously reported to Applicable State Environmental Agencies, then Purchaser shall advise Seller and Seller shall promptly, but in all cases prior to Closing, report the same to Applicable State Environmental Agencies. Seller shall thereafter, and through Closing, use commercially reasonable efforts to seek funds, if any, which may be available from applicable local, state or federal agencies in Minnesota or Wisconsin to offset the cost of any required Property Remedial Measures. Seller agrees to be financially responsible for the cost of any Property Remedial Measures to the extent such Property Remedial Measures are not covered by insurance or do not qualify for reimbursement from trust funds from such States or other applicable governmental agency, if such Property Remedial Measures are specifically listed on Schedule 8.5(a), as may be amended pursuant to Section 7.4. “Property Remedial Measures” shall consist of the lowest cost activities reasonably required by applicable Law and by Applicable State Environmental Agencies or other applicable governmental agency to (a) clean up, remove, treat or in any other way address any contaminant or Hazardous Substances in the indoor/outdoor environment; (b) contain, mitigate or otherwise prevent the release or the threat of release or minimize the further release of any contaminant or Hazardous Substances so that it does not migrate or endanger or threaten to endanger public health or welfare of the indoor or outdoor environment; (c) perform pre-remedial studies and investigations and post-remedial monitoring and care required under the Environmental Laws; or (d) recover response or remedial costs or to s...
Environmental Responsibilities. (a) As used in this Agreement, "Environmental Condition" means any adverse condition relating to surface water, ground water, drinking water supply, land, surface and subsurface strata or the ambient air, and includes, without limitation, air, land and water pollutants, noise, vibration, light, and odors, which may result in a claim of liability under the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), or the Resource Conservation and Recovery Act ("RCRA"), or any claim of violation of the Clean Air Act, the Clean Water Act, the Toxic Substance Control Act ("TSCA"), or any claim of liability or of violation under any federal statute hereafter enacted dealing with the protection of the environment or with the health and safety of employees or members of the general public, or under any rule, regulation, permit or plan under any of the foregoing, or under any law, rule or regulation now or hereafter promulgated by the Commonwealth of Virginia, or any political subdivision thereof, relating to such matters (collectively, "Environmental Laws").
(b) VRA shall, at all times during the term of this Agreement, comply with all Environmental Laws applicable to the Leased Property and shall not cause any Environmental Condition on or about the Leased Property.
(c) The Local Government shall, at all times during the term of this Agreement, comply with all Environmental Laws applicable to the Leased Property and shall not, in the use and occupancy of the Improvements, cause any Environmental Condition on or about the Leased Property.
Environmental Responsibilities. (a) To the best of Sellers’ knowledge, Sellers have provided or will provide to Purchaser within ten (10) business days after the Effective Date: (i) all material environmental compliance records for the Locations; (ii) a true and complete copy of each environmental report or environmental data compilation that refers or relates to any of the Locations (the “Environmental Reports”); and (iii) all copies of any material correspondence to or from Sellers and the TDEC, the Federal Environmental Protection Agency, any other local, state or federal environmental agency or any third party that refers or relates to the environmental condition of any of the Locations, to the extent such documents are in any Seller’s, or any Seller’s contractors’ or consultants’, possession or control. For compliance and other such records not in any Seller’s control, Sellers shall (i) use reasonable, good faith efforts to secure copies of any applicable records in the possession or control of contractors and consultants any Seller has used for such purposes within the past five (5) years; and (ii) cooperate with Purchaser and authorize the release of any applicable records in the possession or control of contractors and consultants any Seller has used for such purposes at any time prior to the past five (5) years. In addition, at Closing, Sellers shall deliver compliance records for the time period between the initial delivery addressed above and the Closing. Collectively, all of the materials addressed in the Section 8.7(a) shall hereinafter be referred to as the “Environmental Disclosures.”
(b) Sellers covenant and represent that except as detailed in the Environmental Disclosures and except as specified on Schedule 8.7(b), (i) to Sellers’ Knowledge, the Locations are not contaminated by Hazardous Substances (as hereinafter defined) and are in compliance with all Environmental Laws (as hereinafter defined); (ii) to Sellers’ Knowledge, all past and present activities conducted on the Locations have complied in all material respects with all Environmental Laws; (iii) Sellers have not used, handled, stored, generated, produced, manufactured, treated, released, disposed of or arranged for disposal of any Hazardous Substances in, at, under, on or in connection with the Locations in violation of Environmental Laws; (iv) Sellers have no Knowledge of any previous owner or tenant of the Locations using, handling, storing, generating, producing, manufacturing, treating, releasing, disposi...
Environmental Responsibilities. Environmental Responsibilities under this Permit shall be subject to all terms contained in Exhibit “12” (Environmental Responsibilities).
