Environmental Study. Within 45 days following the date of this Agreement, at the option of BT Financial, BT Financial shall cause a Phase I environmental assessment ("Phase I assessment") of each of HNBP's owned branch offices to be completed, at its sole cost and expense. If BT Financial should determine pursuant to the results of such Phase I assessment that (i) there has been any storage, discharge, disposal, release, or emission of any Hazardous Substance in, on, or from any Owned Real Property and (ii) BT Financial reasonably believes that it could become responsible for the remediation of such storage, discharge, disposal, release, or emission or become liable for monetary damages resulting therefrom, then BT Financial shall inform Huntington and HNBP in writing with specificity within fifteen days of BT Financial's receipt of the Phase I assessment. Upon receipt of such notice, if the costs to remedy the defects specified in such notice are reasonably expected to be less than $50,000 in the aggregate, HNBP shall take all necessary actions to correct the defects specified in the notice. Upon completion of such corrective action to the satisfaction of BT Financial, or HNBP's proving to BT Financial that BT Financial would not be responsible for remediation or be liable for monetary damages (unless, in BT Financial's reasonable opinion, the results of the Phase I assessment would materially adversely affect the marketability of said property), BT Financial shall remove any objection it may have with respect to that certain parcel of Owned Real Property and proceed promptly toward Closing. If the costs to remedy the specific defects set forth in such notice are reasonably expected to exceed $50,000 in the aggregate, then HNBP may, but shall not be required to, take all necessary actions to correct the defects specified in the notice, and if HNBP corrects such defect to the satisfaction of BT Financial, BT Financial shall remove any objection it may have with respect to that certain parcel of Owned Real Property and proceed promptly toward Closing, and, if HNBP elects not to correct such defect or if HNBP fails to correct such defect, BT Financial, in its sole discretion, may terminate this Agreement.
Environmental Study. (a) Purchaser may, at Purchaser’s election and expense and subject to any requirement in the applicable Branch Lease for the property owner’s approval or consent thereto, which consent Seller shall use its reasonable best efforts to obtain, and following the provision of prior notice to Seller of the date and time of any such inspections and examinations, within thirty (30) calendar days from the effective date of this Agreement, undertake and complete a non-invasive assessment of environmental matters respecting the Leased Real Property, including an evaluation of the existence of any and all environmental conditions and any and all violations of Environmental Laws, as is commonly referred to as a “Phase I Environmental Assessment” and/or a “Preliminary Assessment” (as such term is defined in the TRSR) (an “Environmental Study”), as Purchaser deems necessary or appropriate. Such Environmental Study shall be conducted in a manner and at times so as to not unreasonably disrupt Seller’s business operations of the Branches. Notwithstanding the foregoing, Purchaser shall not conduct any invasive environmental testing, such as a “Phase II Environmental Site Assessment” or a “Site Investigation” (as such term is defined in the TRSR) at any of the Leased Real Property (an “Invasive Investigation”) without the prior written consent of Seller (which consent will not unreasonably be withheld or delayed). Purchaser shall coordinate the performance of such work with Seller or Seller’s consultants, as applicable. In the event Seller consents to Purchaser’s performance of an Invasive Investigation, this time period shall be subject to reasonable extensions, not to exceed forty-five (45) calendar days following the expiration of the initial thirty (30) calendar day period. Purchaser shall maintain liability insurance and shall indemnify Seller for any and all Losses incurred by Seller or any of its Affiliates resulting from Purchaser’s and/or its agents’ performance of any Environmental Study or Invasive Investigation at the Leased Real Property. In the event such Environmental Study or Invasive Investigation causes any damage to any of the Branches, Purchaser shall repair such damage, using workmen reasonably acceptable to Seller, to substantially the same condition such Branch was in prior to the performance of such Environmental Study or Invasive Investigation.
Environmental Study. The environmental study contemplated by Section 4.12 has been completed to the satisfaction of the Buyer and the Buyer has agreed to proceed with the Closing.
Environmental Study. (a) Purchaser may, at Purchaser’s election and expense and subject to any landlord’s approval or consent as may be required and prior notice to Seller of the date and time of any such inspections and examinations, within thirty (30) calendar days from the date of this Agreement, undertake and complete an environmental study for the existence of any and all environmental conditions and any and all violations of environmental laws, as is commonly referred to as a Phase I environmental study (“Environmental Study”) with respect to the Real Property, as Purchaser deems necessary or appropriate. Such Environmental Studies shall be conducted in a manner and at times so as to not unreasonably disrupt Seller’s business operations of the Branches. Purchaser shall maintain liability insurance and shall indemnify Seller for any and all Losses incurred by Seller, any of its Affiliates and/or third parties while Purchaser and its agents are performing any Environmental Study. In the event of any damage to any of the Branches, Seller shall be entitled to require Purchaser to engage workmen reasonably acceptable to Seller to restore any such damage to the same condition as the Branches were in prior to the inspection.
Environmental Study. (a) Purchaser may, at Purchaser’s election and expense and subject to any landlord’s approval or consent as may be required and prior notice to Seller of the date and time of any such inspections and examinations, within thirty (30) calendar days from the date of this Agreement, undertake and complete an environmental study for the existence of any and all environmental conditions and any and all violations of environmental laws, as is commonly referred to as a Phase I environmental study (“Environmental Study”) with respect to the Real Property, as Purchaser deems necessary or appropriate. Such Environmental Studies shall be conducted in a manner and at times so as to not unreasonably disrupt Seller’s business operations of the Branches. Notwithstanding the foregoing, Purchaser shall not conduct any invasive testing or Phase II Environmental Site Assessment on any facilities subject to the Branch Lease without the prior written consent of Seller (which consent will not unreasonably be withheld or delayed), and coordinating the scope of such work with Seller or Seller’s consultants, as applicable. If reasonably necessary for proper conduct and completion of on-site sampling for a Phase II Environmental Site Assessment, or Baseline Environmental Assessment as defined under the laws of the State of New York this time period shall be subject to reasonable extensions, not to exceed thirty (30) calendar days following the expiration of the initial thirty (30) calendar day period. Purchaser shall maintain liability insurance and shall indemnify Seller for any and all Losses incurred by Seller, any of its Affiliates and/or third parties while Purchaser and its agents are performing any Environmental Study. In the event of any damage to any of the Branches, Seller shall be entitled to require Purchaser to engage workmen reasonably acceptable to Seller to restore any such damage to the same condition as the Branches were in prior to the inspection.
Environmental Study. Within forty-five (45) days after the execution of this Agreement, CBS shall obtain, at its expense, and present to Gaylxxx, x Phase I environmental report (the "Phase I Report") from a licensed environmental engineer or firm (which shall be reasonably acceptable to Gaylxxx) xxth respect to the Station's real property. If the Phase I Report discloses conditions which require, in the opinion of the environmental engineer or firm performing the assessment, further sampling or investigation, Gaylxxx xxx the Limited Partnership shall grant CBS and its agents reasonable access to the Station's real property, and CBS shall cause such sampling or investigation to be performed at its expense and shall present the results and recommendations of the engineer or firm to Gaylxxx (xxe "Phase II Report"). Gaylxxx xxxll be responsible for the prompt correction or remediation of any environmental, health or safety violations or conditions disclosed in the Phase I Report or the Phase II Report, to the extent required by applicable law or any relevant Governmental Entity, it being understood that the remediation may continue following the Closing. The studies contemplated by this Section 5.8 and the remediation efforts in response thereto shall not hinder or delay the Closing of the transactions contemplated by this Agreement.
Environmental Study. (a) Purchaser may, at Purchaser’s election and expense and subject to any landlord’s approval or consent as may be required and prior notice to Seller of the date and time of any such inspections and examinations, within thirty (30) calendar days from the date of this Agreement, undertake and complete an environmental study for the existence of any and all environmental conditions and any and all violations of environmental laws, as is commonly referred to as a Phase I environmental study (“Environmental Study”) with respect to the Real Property, as Purchaser deems necessary or appropriate. Such Environmental Studies shall be conducted in a manner and at times so as to not unreasonably disrupt Seller’s business operations of the Branches. Notwithstanding the foregoing, Purchaser shall not conduct any invasive testing or Phase II Environmental Site Assessment on any Owned Real Property without the prior written consent of Seller (which consent will not unreasonably be withheld or delayed), and coordinating the scope of such work with Seller or Seller’s consultants, as applicable. If reasonably necessary for proper conduct and completion of on-site sampling for a Phase II Environmental Site Assessment, or Baseline Environmental Assessment as defined under the laws of the State of Florida, this time period shall be subject to reasonable extensions, not to exceed thirty (30) calendar days following the expiration of the initial thirty (30) calendar day period. Purchaser shall maintain liability insurance and shall indemnify Seller for any and all Losses incurred by Seller, any of its Affiliates and/or third parties while Purchaser and its agents are performing any Environmental Study. In the event of any damage to the Branches, Seller shall be entitled to require Purchaser to engage workmen reasonably acceptable to Seller to restore any such damage to the same condition as the Branches were in prior to the inspection.
Environmental Study. A NES report will be prepared with the results from the GPA field data that will document all plant and wildlife species and plant communities occurring on the BSA, and the site’s potential to support any federally or State listed species. The results of the delineation of jurisdictional waters, prepared under separate cover, will be incorporated into the NES report and the delineation report will be included as an appendix to the NES. The report will include a detailed map of the plant communities occurring on-site, and their respective acreages. The report will include a brief analysis of anticipated impacts to jurisdictional waters, recommendations for further studies that may be needed prior to development, and suggested mitigation measures, if necessary. The report will be sufficient to allow Caltrans to make the appropriate impact/mitigation determinations under CEQA. Deliverable: Draft/Final NES
Environmental Study. 29 (i) Stock Options ...................................... 29 Section 5.3 Other Conditions .............................. 29 Section 5.4
Environmental Study. Chelxxx xxxll have received an environmental study from an environmental consulting firm approved by Chelxxx xxxating to Kevlxx'x Xxxilities that, in Chelxxx'x xxxsonable judgment, indicates that there are no significant risks associated with Hazardous Materials or violations of any Environmental Laws at Kevlxx'x Xxxilities. (i)
