Environmental Testing. When an environmental concern exists that requires testing/sampling, to the extent possible, such testing will be performed and signed off jointly. Where testing is performed by a third party, the findings and any resulting action plans will be shared with the Joint Health & Safety Committee.
Environmental Testing. Seller shall provide Purchaser copies of each of the Phase I Site Assessments prepared for the Facilities by EMG (the "Existing Site Assessments"), each of which are dated August 22, 1997. Purchaser may, at its option and expense, have the Existing Site Assessments addressed and certified to Purchaser, in which event Seller agrees to cooperate with Purchaser in obtaining such recertifications. In the event Purchaser desires further testing, Seller hereby grants to Purchaser and its agents the right to enter upon the Premises at any reasonable time or times after the Effective Date to conduct, at Purchaser's sole cost and expense, such further inspections, investigations, and tests as are necessary to complete Purchaser's own Preliminary Environmental Site Assessment ("PESA") at each Facility. If any such PESA shall indicate that any Hazardous Material may be located at the Premises, Seller hereby grants to Purchaser and its agents the right to conduct such additional inspections, investigations and tests of the Premises, including, without limitation, test borings, to determine whether, in fact, any Hazardous Material is located at the Premises. In connection with the conduct of such PESA's and any further testing warranted thereby (collectively, the "Environmental Testing"), Purchaser agrees, at Purchaser's sole cost and expense, to repair any damage to the Premises resulting from such Environmental Testing. Purchaser shall hold confidential the information in the Existing Site Assessments and results of the Environmental Testing in the event Purchaser does not close the transaction contemplated by this Agreement; provided, however, that in the event any Hazardous Material is discovered at the Premises and Purchaser is required by law to disclose such finding to governmental authorities, Purchaser shall have the right to disclose such finding to such authorities without liability to Purchaser; provided, further, that Purchaser shall disclose such findings to Seller prior to disclosure of such findings to any governmental authorities.
Environmental Testing. When an environmental concern exists that requires testing/sampling, to the extent possible, such testing will be performed and signed off jointly. Training of the Joint Health & Safety Committee members for testing will be provided. Where testing is performed by a third party, the findings and any resulting action plans will be shared with the Joint Health & Safety Committee. The JHSC worker member will be in attendance.
Environmental Testing. Seller shall permit and assist Buyer in the performance of any environmental surveys, sampling and assessments of the Real Property and of the soil from the Real Property it deems appropriate for the purpose of identifying the presence on or in the Real Property of any Hazardous Substance in violation of any Environmental Law. Buyer shall pay all costs associated with such surveys, sampling and assessments.
Environmental Testing. (a) Prior to the Closing, Investor shall have the right, but not the obligation, to elect to conduct, at its expense (subject to the reimbursement provisions of Section 12.02), reasonable environmental testing of the Real Property. If Investor elects to have any Real Property so tested, Sellers shall, and shall cause the Company to, provide access to such Real Property and such personnel as may be reasonably requested by Investor or its appointed environmental engineering firm as may be deemed necessary by Investor or such firm in the furtherance of such testing. Investor will promptly share any formal written reports (e.g., Phase I Environmental Assessment Reports) of any such testing with Sellers’ Representative and the Company. If as a result of such environmental testing, Investor’s environmental engineering firm recommends any further Remedial Work, then the Company shall promptly undertake any and all such Remedial Work at Sellers’ sole cost and expense, subject to the Concession and Remediation Limit.
(b) The Sellers shall indemnify, defend and hold harmless the Investor’s Indemnitees from any and all Losses resulting from or attributable to: (i) the presence of the environmental conditions giving rise to the Remedial Work, (ii) the Remedial Work, and (iii) the Remediation Costs. Notwithstanding anything to the contrary contained in this Agreement, in the event that any matter giving rise to indemnification pursuant to this Section 6.09 is also subject to indemnification pursuant to the terms of Section 10.02, then the indemnification set forth in this Section 6.09 shall prevail and the Investor’s Indemnitees shall be entitled to the indemnification set forth in this Section 6.09 without regard to any limitations set forth in Article X. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 6.09 shall survive the Closing.
Environmental Testing. (a) Until the expiration of Seller’s obligation to conduct Seller Remediation Activities, or until the Company provides notice of a Company Assumption pursuant to Section 4.01(a) (but only to the extent necessary to conduct the Corrective Action that is subject to the Company Assumption), the Company shall not directly or indirectly, initiate or conduct Environmental Testing of the Assets. Notwithstanding the preceding sentence, the Company may conduct Environmental Testing of the Assets in the event (i) such Environmental Testing is performed in the ordinary course of business of the Company such as geophysical studies of building foundations or in connection with construction, remodeling or demolition and rebuild work on Assets, (ii) the Company or its Affiliates are ordered or directed to conduct such Environmental Testing by any Governmental Authority having jurisdiction thereof, (iii) such Environmental Testing is conducted as a result of and reasonably necessary to respond to a Release that occurs after the Closing, (iv) there is reasonable evidence that such Environmental Testing is required by applicable Environmental Laws then in effect and interpreted, or (v) such Environmental Testing is conducted as a result of any written Claim by a Person other than a Buyer Indemnified Party. For the avoidance of doubt, the Company may at any time(s) conduct non-intrusive investigations of Environmental Conditions of the Assets, including Phase I environmental site assessments.
(b) Prior to engaging in any Environmental Testing, the Company shall provide Seller with reasonable advance written notice so that Seller may, at its own expense, observe such activities and obtain any split samples it may desire. The Company shall provide Seller with copies of all written, non-privileged reports prepared by third parties related to Environmental Testing. In the event that exigent circumstances (such as responding to a Release) do not allow for reasonable advance written notice of Environmental Testing, the Company will make a good faith attempt to orally advise Seller of such Environmental Testing and shall, within a reasonable time thereafter, provide written notice to Seller describing the Environmental Testing that was conducted.
Environmental Testing. The City shall have access to the Premises upon reasonable notice to conduct environmental inspections. In addition, Concessionaire shall permit the City access to the Premises at any time upon reasonable notice for the purpose of conducting environmental testing at the City’s expense, provided the City makes reasonable efforts not to interfere with Concessionaire’s Permitted Use of the Premises. Concessionaire shall not conduct or permit others to conduct environmental testing on the Premises without first obtaining the Superintendent’s written consent. Concessionaire shall promptly inform DPR of the existence of any environmental study, evaluation, investigation or results of any environmental testing conducted on the Premises whenever the same becomes known to Concessionaire, and Concessionaire shall provide a copy of each of the same to DPR immediately following Concessionaire’s receipt of the same.
Environmental Testing. (a) Subject to the conditions set forth herein, Sellers have the right to conduct environmental testing, at their own expense, at any of the Real Property by providing written notice to the Buyer within ninety (90) days after the Closing Date. The Buyer and the Company agree to provide access to said Real Property to Sellers and Sellers' consultants and contractors, and to reasonably cooperate with Sellers and Sellers' consultants, with respect to said environmental testing, including, but not limited to, providing all relevant information to Sellers and their consultants and contractors relating to any potential obstructions that may interfere with environmental testing or cause property damage or personal injury.
(b) If Sellers determine that they desire to conduct environmental testing as set forth above, Sellers shall provide written notice to Buyer at least five business days prior to the date Sellers desire to conduct such environmental testing. Sellers' written notice shall include a copy of the proposed sampling plan with respect to each property at which they proposed to conduct testing. The sampling plan shall include, at a minimum, a reasonable approximation of where samples will be collected; the environmental media to be sampled; and the analyses which Sellers proposed to perform on said samples.
(c) Prior to being allowed access to the Real Property, Sellers' consultants or contractors shall provide to Buyer copies of insurance certificates demonstrating that said consultants or contractors have appropriate insurance (in amounts consistent with customary industry standards) to insure against property damage or personal injury claims that may result from the performance of the environmental testing.
(d) Sellers agree that they shall be responsible for ensuring that after the completion of environmental testing, their consultants or contractors shall restore the Real Property to its prior condition, including, but not limited to, taking all steps required to properly abandon any monitoring xxxxx that have been installed in connection with the environmental testing.
(e) Sellers agree that they shall promptly provide Buyer with copies of any sampling results and related reports with respect to the environmental testing conducted pursuant to this provision. Sellers also agree that if, as a result of the environmental testing, reporting to a Governmental Authority is required, Sellers shall notify Buyer prior to reporting its findings to said Gover...
Environmental Testing. A process by which the design or change to a design of a civil aeronautical product is evaluated for compliance with applicable standards and procedures concerning noise, fuel venting or exhaust emissions.
Environmental Testing. Buyer agrees to provide to Seller for Seller’s prior approval the scope of any proposed Testing with respect to Hazardous Materials (as hereinafter defined) (any such testing, the “Environmental Testing”). Seller’s approval of the proposed scope of any Environmental Testing shall not be unreasonably withheld or delayed. If Buyer takes any samples from the Property in connection with any Environmental Testing, Seller shall be permitted to take split samples, and Buyer shall provide to Seller a portion of any sample being tested to allow Seller, if Seller so chooses, to perform its own testing. Notwithstanding the foregoing, Buyer shall not be required to seek approval or consent for a Phase I environmental report.
