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.
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.
Environmental Responsibilities. (a) The Sellers have ordered, or as soon as reasonably practicable following the date hereof the Sellers will order, Phase II Environmental Assessments to be performed by Antea Group (“Antea”) 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. If, 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, then, not more than 180 days prior to the Closing Date the Sellers will cause Antea (or, if Antea 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 (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.
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.
Environmental Responsibilities. Lessee 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 Lessee in any manner whatsoever, that was caused by Lessee or any of Lessee's Parties, or caused by any trespasser on the Premises at any time that Lessee was in possession of the Premises. Lessee shall, at Lessee's sole expense, and upon County's demand or demand of 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 Lessee, Lessee's Parties or Lessee's actions or upon any other Airport property occupied, utilized or accessed by Lessee or Lessee's Parties, in any manner whatsoever. If Lessee 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 Lessee (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 at Lessee's sole cost and expense; however, any such action by County or any of its agencies will not release Lessee from its obligations under this or any other provision of this Agreement or as imposed by law. Lessee shall pay all costs incurred by County within fifteen (15) Days of written demand by County. No action taken by either Lessee 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. Lessee shall contain, remove, xxxxx, and remediate any impacted property as aforesaid, in accordance with timetables acceptable to County and within Applicable Laws.
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) 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").
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.”
Environmental Responsibilities. Environmental Responsibilities under this Permit shall be subject to all terms contained in Exhibit “12” (Environmental Responsibilities).
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.
