Environmental Review Sample Clauses
The Environmental Review clause establishes the requirement for assessing the environmental impact of a project, property, or activity before proceeding. Typically, this involves conducting studies or obtaining reports to identify potential environmental risks, such as contamination or regulatory non-compliance, and may require the responsible party to address any identified issues. Its core function is to ensure that environmental considerations are evaluated and managed proactively, thereby reducing legal and financial risks associated with environmental liabilities.
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Environmental Review. Not later than thirty (30) days prior to the date of any acquisition by Borrower of Mineral Interests or related assets, other than an acquisition of additional interests in Mineral Interests in which Borrower previously held an interest, Borrower shall deliver to Administrative Agent a report in form, scope and detail acceptable to Administrative Agent from environmental engineering firms acceptable to Administrative Agent, which report or reports shall set forth the results of a Phase I environmental review of such Mineral Interests and related assets.
Environmental Review. From the date of this Agreement through the Notification Date Buyer may conduct an environmental assessment of the Assets, subject to the following:
(a) Buyer shall have the right to conduct on-site inspections, including, but not limited to, Phase I testing (but not Phase II testing) (as those terms are defined by the American Society for Testing and Materials) environmental assessments of the Assets, including, but not limited to, sampling and analysis of soil, air, surface water, groundwater and waste materials, prior to the end of the Notification Date (“Buyer’s Environmental Review”) and Seller shall provide to Buyer a copy of any environmental review Seller has in its possession subject to the same terms of confidentiality subsequently set forth herein;
(i) The cost and expense of Buyer’s Environmental Review shall be borne solely by Buyer;
(ii) All inspections must be coordinated through a designated representative of Seller who may accompany Buyer during the course of Buyer’s inspection of the Assets;
(iii) Buyer shall give Seller notice not less than 48 hours before any visits by Buyer and/or its consultant to the Assets, and Buyer shall seek and obtain Seller’s prior consent (which shall not be unreasonably withheld) before either Buyer or Buyer’s consultant enters the Assets;
(iv) Buyer shall provide Seller a copy of any Phase I reports affecting the Assets promptly after Buyer’s receipt of the same;
(v) Buyer and/or its consultant shall perform all such work in a safe and workmanlike manner, shall not unreasonably interfere with Seller’s operations, and shall comply with all Laws of applicable Governmental Authorities;
(vi) Seller shall use commercially reasonable efforts to obtain any third party consents that are required in order to perform any work comprising Buyer’s Environmental Review; and
(vii) Buyer hereby agrees to release and defend, indemnify, and hold harmless Seller and Seller’s Representatives from and against all Claims made by (or attributable to the acts or omissions of) Buyer or Buyer’s Representatives (INCLUDING THOSE RESULTING FROM THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE (BUT NOT WILLFUL MISCONDUCT), STRICT LIABILITY OR OTHER LEGAL FAULT OF SELLER OR ANY OF SELLER’S REPRESENTATIVES) arising out of or relating to Buyer’s Environmental Review. The release and indemnity provisions of this Section 4.09 shall survive termination or Closing of this Agreement notwithstanding anything to the contrary provided for in this Agreemen...
Environmental Review. Buyer, through its authorized representatives, must have completed a review (including, without limitation, all testing, inspections and other procedures, review of existing files of, and discussions with, governmental agencies and officials having jurisdiction over Company) of the Land and the environmental and land use practices, procedures, operations and activities of Company; the results of which review, without limiting the generality of the foregoing, reflects compliance with all Applicable Laws governing the Land and the operations of Company, discloses no actual or probable violations, compliance problems, required capital expenditures or other substantive environmental, land use or real estate related concerns and are otherwise satisfactory in all respects to Buyer in its sole discretion.
Environmental Review. In accordance with 24 CFR 576.57, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, activities related to historic districts and/or properties, floodplain management and wetland protection, noise, wild and scenic rivers, air quality, farmlands protection, environmental justice, airports, site contamination, and hazardous facilities. There shall not be any costs incurred or funds obligated until such time as an Environmental Review (ER) is completed for each project (generally one per project). The ER shall be completed by the City. The Subrecipient also agrees to comply with the following regulations insofar as they apply to the use of ESG funds:
a. Clean Air Act, 42 U.S.C., 1857, et seq.;
b. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under;
c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50, as amended;
d. National Environmental Policy Act of 1969; and
e. HUD Environmental Review Procedures (24 CFR 58). Subrecipient should note that completion of the ER is the City’s responsibility. Nothing in this section or in any other part of this Agreement should be construed as relieving the City of this responsibility or placing this responsibility on the Subrecipient.
Environmental Review. Similar to the planning phase, this phase of work gathers information from other sources resulting in a definition of the project for the purposes of reviewing the environmental effects of the work. Firms participating in environmental review would likely not have a conflict in participating in subsequent phases.
Environmental Review. The Grantee may not carry out activities with respect to demolition, disposition, acquisition, development, and/or any off-site replacement public housing until HUD has approved a request for release of funds in accordance with 24 CFR part 58 or has completed an environmental review on each affected site in accordance with 24 CFR part 50. The costs of environmental reviews are eligible expenses in accordance with an approved HOPE VI Budget (as provided in Article VII(C)(2)(e)).
Environmental Review. This project is subject to environmental review under the National Environmental Policy Act (NEPA) and State Environmental Quality Review Act (SEQRA). Corporation environmental clearance must be secured prior to any choice limiting action, as defined by HUD, including but not limited to, site acquisition, tree or brush clearing, soil preparations, demolition, asbestos abatement, or any construction activities. Clearance will not be issued until:
(i) the Corporation has completed a county-wide Tier 1 environmental review;
(ii) the Subrecipient has certified on the HUD Request for Release of Funds prepared by the Corporation that it will comply with any conditions to address issues in the environmental review;
(iii) a Request for Release of Funds has been approved by HUD;
(iv) the Subrecipient has completed the template site-specific Tier 2 documentation and submitted to the Corporation for approval; and
(v) the Corporation issues a site-specific clearance letter stating that the federally required review per the National Environmental Policy Review Act (NEPA), as applicable, is complete, for that specific site.
(vi) As this program allows for reimbursements per [insert provision that allows reimbursement in this program] the reimbursement costs will not be released until a Tier 2 demonstrating compliance with reimbursement requirements is approved by the Corporation. The Subrecipient shall cooperate and provide any analysis or information reasonably requested by the Corporation to conduct the Environmental Review for the proposed project. The Subrecipient is required to comply and cooperate with the Corporation in meeting all terms and conditions under this Agreement including to obtain the ‘Authority to Use Grant Funds’ and submit the first request for funds to Corporation within180 days of the date of the effective date of this Agreement. Upon completion of the Environmental Review, the Corporation may: (i) upon HUD’s issuance of the Authority to Use Grant Funds for a proposed project, initiate the proposed project; (ii) approve an alternative or modified project identified through the Environmental Review Process and, notwithstanding anything to the contrary contained in the Agreement, unilaterally adjust the Grant Funds amount accordingly; or (iii) cancel the project and, notwithstanding anything to the contrary contained in the Agreement, unilaterally reduce the Grant Funds by an amount equal to the amount otherwise allocated to construction or other i...
Environmental Review. The Project must meet the requirements of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 2100 et seq.)and implementing regulations.
Environmental Review. The recommended action does not constitute a “Project” as defined by the California Environmental Quality Act (CEQA)
Environmental Review. The City will perform all necessary investigations of site contamination and secure all necessary local, state, or federal permits required for the construction of the Project and will not proceed with the Project until any required environmental review and remediation of site contamination is completed or a plan for remediation is approved by appropriate regulatory agencies.