Environmental Site Assessments. Upon request by Landlord during the Term of this Lease, prior to the exercise of any renewal Term and/or prior to vacating the Premises, Tenant will obtain and submit to Landlord an environmental site assessment from an environmental consulting company reasonably acceptable to Landlord.
Environmental Site Assessments. As promptly as practicable after the execution of this Agreement, ATS may at its own cost and expense obtain, and deliver to Diablo full and complete copies of, Phase I environmental site assessment reports (the "Environmental Reports") on any or all of those certain parcels of real property described on Section 5.8 of the Diablo Disclosure Schedule. Site assessments shall be conducted by such consultants and professionals as ATS and Diablo shall mutually agree (collectively, the "Environmental Company"), shall be arranged at times mutually convenient to the parties, and shall be conducted in a manner which does not interfere with or inconvenience in any material manner any of the landlords or tenants at any of Diablo's sites. Each of Diablo and ATS shall be entitled to have representatives present at the time such site assessments are conducted, and to have copies of all correspondence with the Environmental Company:
(a) On or before fifteen (15) business days after ATS' receipt of the last of the Environmental Reports, ATS shall give to Diablo written notice ("ATS' Environmental Notice") of ATS' disapproval of any matters shown in the Environmental Reports. ATS' failure to give ATS' Environmental Notice within such fifteen (15) business days shall be deemed to constitute ATS' approval of all matters disclosed by the Environmental Reports;
(b) If ATS disapproves any environmental matters pursuant to ATS' Environmental Notice, Diablo shall deliver written notice ("Diablo's Environmental Notice") to ATS within ten (10) business days after Diablo's receipt of ATS' Environmental Notice, stating whether Diablo agrees to eliminate and remedy such matter prior to the Closing or, if such elimination or remedy is not feasible prior to the Closing, to effect such elimination and remedy thereafter and to indemnify and hold harmless ATS with respect to such remedy. If Diablo fails to timely deliver Diablo's Environmental Notice, or if Diablo delivers Diablo's Environmental Notice but states therein that Diablo is unwilling or unable to eliminate and remedy such environmental matters, ATS and Diablo shall negotiate in good faith in an attempt to resolve such matters (the "Disapproved Environmental Sites") from the Diablo Assets, a reduction of the Purchase Price or an indemnification (and escrow) from Diablo (not subject to the limitations as to time or amount specified in Article 8). If within twenty (20) business days of the commencement of such negotiations (or suc...
Environmental Site Assessments. Purchaser has delivered to Sellers true and complete copies of all transaction screens (to the extent any transaction screens were performed) and Phase I environmental site assessment reports (as such terms are commonly understood in the industry) that were ordered by Purchaser with respect to the Purchased Assets. Sellers acknowledge that they are not entitled to rely on such reports (since the consultants did not prepare them for the benefit of Sellers).
Environmental Site Assessments. Prior to the execution of this ------------------------------ Agreement, ATS has, at its sole cost and expense, delivered or caused to be delivered to Meridian a Phase I environmental assessment report dated as of a recent date issued by Aquaterra Environmental Services Corp.(the "Environmental Company") with respect to those Meridian Assets comprised of the parcels of real property described in Section 5.8 of the Meridian Disclosure Schedule (the "Environmental Real Property"). Such reports, as same may be amended or supplemented from time to time to reflect additional environmental matters, are referred to herein as the "Environmental Reports". Section 5.8 of the Meridian Disclosure Schedule sets forth a description of those matters, if any, shown in the Environmental Reports as to which ATS has objected and which Meridian has agreed to remedy prior to or, with the written approval of ATS, subsequent to the Closing Date (the "Disapproved Environmental Matters" which term shall include any matters added thereto pursuant to the provisions of the last sentence of this Section). All matters disclosed by the Environmental Reports (as of the date hereof) which are not reflected on Section 5.8 of the Meridian Disclosure Schedule have heretofore been approved by ATS. If, at any time following the date hereof, Meridian or the Environmental Company notifies ATS of any additional matter affecting the environmental status of the Environmental Real Property, the parties shall negotiate in good faith in an effort to resolve such matters and, in the event that are not able to reach such agreement within thirty (30) days of the date ATS has received written notification thereof, either party may terminate this Agreement with the effect set forth in Section 7.2.
Environmental Site Assessments. Within forty-five (45) days after the execution of this Agreement, Buyer, at its sole expense, may conduct "Level I" environmental site assessments for any of the Real Property, provided that such audits shall not include any intrusive soil or ground water testing. The results and findings of such audits shall be satisfactory to Buyer in its sole discretion.
Environmental Site Assessments. The Administrative Agent shall have received environmental site assessments from a hydrogeologist, environmental engineer, qualified consultant or other expert and in form and substance reasonably satisfactory to the Administrative Agent, covering all Real Estate and all other real property in respect of which the Borrower or any of its Subsidiaries may have material liability, whether contingent or otherwise, for dumping or disposal of Hazardous Substances and which are in the possession of the Borrower.
Environmental Site Assessments. As promptly as practicable after the execution of this Agreement, ATS may at its own cost and expense obtain, and deliver to Gearon full and complete copies of, Phase I environmental site assessment reports (the "Environmental Reports") on any or all of those certain parcels of real property described on Section 7.9 of the Gearon Disclosure Schedule. Site assessments shall be conducted by such consultants and professionals as ATS and Gearon shall mutually agree and shall be arranged at times mutually convenient to the parties. Each of Gearon and ATS shall be entitled to have representatives present at the time such site assessments are conducted, and to have copies of all correspondence with the Environmental Company.
Environmental Site Assessments. Buyers shall have received Phase I Environmental Site Assessments with respect to the Real Property and if recommended by the environmental engineering firm, a Phase II and additional reports (collectively, the “Environmental Surveys”), prepared by an environmental engineering firm selected by Buyers, and the scope, findings and conclusions of such report shall be reasonably acceptable to Buyers. The Environmental Survey Costs shall be borne equally by Sellers and Buyers. The Environmental Surveys shall be considered Tests for purposes of Section 6.9(c) hereof.
Environmental Site Assessments. 9.18 Acquisition.................................................
Environmental Site Assessments. In cooperation with the Seller and Real Estate Seller, and if requested by the Purchaser, the Purchaser shall have obtained on the Owned Real Property, the Leased Real Property and the Facilities, updates of the existing Phase I Environmental Site Assessment(s), the results of which are acceptable to the Purchaser in its sole, but reasonable, discretion.
