Environmental Site Assessment and Review Sample Clauses

Environmental Site Assessment and Review. Lessor represents that to the best of Lessor’s actual knowledge, there are no environmental concerns or hazards on or at the Premises. Notwithstanding, Lessor will purchase a Phase 1 environmental site assessment of the Premises Formatted: Font: Bold (the “ESA”) from a licensed engineer in Washington County, Utah. It is a condition precedent of this lease Lease that the Lessee approveapproves the engineer selected by Xxxxxx and the scope proposed by the engineer. The ESA must be generated in conformance with the standards published by the American Society for Testing and Materials, and further, must be consistent with the standards stated in federal statutes and regulations. Lessor will provide the completed ESA to Lessee within 90 days of the date of this Agreement. The Lessee has 30 days from the date of actual receipt of the ESA to review it and, if desired, cancel this Agreement in accordance with this Paragraph. The Lessee may cancel this Agreement by providing written notice to the Lessor at the address provided below. Cancellation may be made only if the ESA identifies what the Lessee deems to be a potential environmental concern or additional expense associated with the use of the land Premises as a parking lot. Notice of any cancellation under this paragraph is deemed effective on the date of mailing.
AutoNDA by SimpleDocs
Environmental Site Assessment and Review. Lessor represents that to the best of Lessor’s actual knowledge, there are no environmental concerns or hazards on or at the Premises.

Related to Environmental Site Assessment and Review

  • 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.

  • Environmental Permit the use, handling, generation, storage, treatment, Release or disposal of Hazardous Materials at any property owned or leased by it or any of its Subsidiaries, except in compliance in all material respects with Environmental Laws.

Time is Money Join Law Insider Premium to draft better contracts faster.