Environmental Site Assessment. Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.
Environmental Site Assessment. Lender shall have the right, at any time and from time to time, to undertake an environmental site assessment on the Property, including any testing that Lender may determine, in its sole discretion, is necessary or desirable to ascertain the environmental condition of the Property and the compliance of the Property with Requirements of Environmental Laws. Borrower shall cooperate fully with Lender and its consultants performing such assessments and tests. If Lender undertakes such assessments because Lender reasonably believes contamination has occurred, or if the assessment reveals contamination not previously known to Lender, the expense of such assessment shall be paid by the Borrower. Otherwise, any such assessment shall be at Lender's expense.
Environmental Site Assessment. Within _______ (__) days from the Effective Date, Optionee shall, at its cost, complete an environmental site assessment (the “Environmental Assessment”) of the Easement Property, indicating to the satisfaction of Optionee that the Easement Property does not contain, either on its surface or in its subsurface or underlying water table, any Hazardous Substances (defined in Section 12). The Environmental Assessment may include a historical review of the use of the Easement Property, review of all regulatory agency permits and compliance and enforcement files and records, soil tests, the acquisition of core samples and water table samples by drilling conducted on the Easement Property, and such other reviews, tests and studies as Optionee may deem appropriate. All reviews, tests and studies will be conducted by agents selected by Optionee and performed as Optionee directs, subject to the approval of Owner, which must not be unreasonably withheld, and the provisions of Section 10.
Environmental Site Assessment. Within _______ (__) days from the Effective Date, Optionee shall, at its cost, complete an environmental site assessment (the “Environmental Assessment”) of the Property, indicating to the satisfaction of Optionee that the Property does not contain, either on its surface or in its subsurface or underlying water table, any Hazardous Substances (defined in Section 12). The Environmental Assessment may include a historical review of the use of the Property, review of all regulatory agency permits and compliance and enforcement files and records, soil tests, the acquisition of core samples and water table samples by drilling conducted on the Property, and such other reviews, tests and studies as Optionee may deem appropriate. All reviews, tests and studies will be conducted by agents selected by Optionee and performed as Optionee directs, subject to the approval of Owner, which must not be unreasonably withheld, and the provisions of Section 10.
Environmental Site Assessment. Buyer, prior to the exercise of the option and at its sole cost and expense, may conduct an environmental site assessment of the Property to determine the existence and extent, if any, of any Hazardous Materials on the Property. Further investigations, testing, monitoring or environmental site assessments are required by DSL to determine the existence or extent of Hazardous Materials on the Property, Buyer, at its sole option may elect to extend the Option Expiration Date to conduct such procedures at the Buyer's sole cost and expense. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 5).
Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental reviews have been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the Project activities funded by this Grant and that any environmental issues have been or will be properly and adequately addressed. Issuance of this Xxxxx neither implies any City responsibility for contamination, if any, at the Project site nor imposes any obligation on the City to participate in any pollution cleanup of the Project site if such cleanup is undertaken or required.
Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company with at least ten (10) business days notice prior to conducting any such environmental site assessment and to permit the Company and/or an independent environmental consultant retained by the Company to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.
Environmental Site Assessment. Within sixty (60) days of the execution of this Agreement, Buyer may engage an environmental consulting firm that is reasonably acceptable to the Xxxxxx Entities for the purpose of obtaining a Phase I Environmental Assessment for each of the parcels of the Real Property (the “Environmental Assessment”). In the event the Environmental Assessment describes any recognized environmental conditions (the “Identified Environmental Conditions”) or indicates any potential that such conditions may exist that could reasonably be expected to result in a liability of Buyer, then Buyer may conduct or have conducted at its expense additional testing solely to confirm or negate the existence of the Identified Environmental Conditions. If any such Environmental Assessment or additional testing reflects the existence of the Identified Environmental Conditions, the Xxxxxx Entities shall cause such conditions to be remedied prior to Closing such that no Identified Environmental Conditions exist; provided, however, that if remediation cannot be accomplished prior to the scheduled Closing Date, but can be accomplished within 120 days of such date, the Xxxxxx Entities may postpone the Closing in order to accomplish such remediation for the number of days up to 120 necessary to accomplish such remediation; provided further, that the Xxxxxx Entities shall not be obligated to expend in the aggregate in excess of One Million Dollars ($1,000,000) (the “Remediation Cap”) to effect such remediation prior to Closing. In the event that the aggregate amount of the remediation cost with respect to the Identified Environmental Conditions exceeds the Remediation Cap (any such specifically identified excess amount, the “Remediation Overage”), the Xxxxxx Entities may elect not to take such remedial action. In such event, Buyer may require the Xxxxxx Entities to proceed to Closing, in which event Buyer shall receive a reduction in the Purchase Price at Closing equal to One Million Dollars ($1,000,000), and in exchange for such reduction, the Xxxxxx Entities thereafter shall be relieved of any liability to Buyer with respect to the Remediation Overage (whether pursuant to this Agreement or otherwise). Alternatively, if the Xxxxxx Entities elect not to take such remedial action, Buyer may terminate this Agreement by notice to the Xxxxxx Entities given within ninety (90) days after the date of this Agreement (provided that in any event Buyer shall have twenty (20) days after notification by the Xx...
Environmental Site Assessment. 15 -i- 3 TABLE OF CONTENTS (continued)
Environmental Site Assessment. 6.15.1 Within sixty (60) days of the execution of this Agreement, Buyer may obtain Phase I Environmental Assessments at Buyer's expense for any or all of the parcels of the Owned or Leased Real Property set forth on Schedule 6.15 (the "Environmental Assessments"). In the event any Environmental Assessment discloses any conditions contrary to any representations and warranties (determined without regard to any Knowledge qualifier therein) or any potential that such conditions may exist, the Buyer may conduct or have conducted at its expense additional testing to confirm or negate the existence of any such conditions. If any such Environmental Assessment or additional testing reflects the existence of any such conditions at any Owned Real Property or, to the extent caused by any of the Assets, at any of the Leased Real Property, and if, and only if, the cost of remediation, when aggregated with costs or remediation as to the Kansas City Stations, exceeds One Hundred Thousand Dollars ($100,000.00), in the aggregate for all parcels of the Real Property to be conveyed by Sellers hereunder and the Kansas City Sellers pursuant to the Kansas City Agreement shall cause the conditions to be remedied as quickly as possible (and in all events prior to Closing for any Radio Group for which such property is used in the operation of any Station in such Radio Group) such that no conditions contrary to the representations and warranties (determined with regard to any knowledge qualifier contained therein) of this Agreement exist; provided, however, that Sellers shall not be obligated to expend in the aggregate for all parcels of the Real Property of Stations and the Kansas City Stations in excess of Three Million Dollars ($3,000,000.00) to effect such remediation for all Real Property to be conveyed hereunder and under the Kansas City Agreement. In the event that such remedial action(s) does cost in the aggregate in excess of Three Million Dollars ($3,000,000.00), Sellers may elect not to take such remedial action. In such event, Buyer may require Sellers to proceed to the Closing of the Stations or of one or more Radio Groups, as the case may be, and at any such Closing, the purchase price for any of the Stations acquired at such Closing shall be reduced by the estimated cost of remediation for that portion of the Owned Real Property to be acquired at such Closing, not to exceed in the aggregate for all Closings the Unexpended Remediation Amount. Alternatively, Buyer may ...
