Environmental Work. The Project Sponsor will acquire the appropriate clearances and permits through the design process. The Project Sponsor can follow their own adopted environmental process, or follow the Recommended Environmental Guidance / Mountainland & Utah County Programmed Projects document (including designating with the Program Manager the type of environmental work to be completed), or any other stricter environmental process under local or federal law. The Project Sponsor must follow any National Environmental Policy Act (NEPA) requirements required (Endangered Species Act, Clean Water Act, etc.), and any other local or government agency requirements for the Approved Project.
Environmental Work. If Hazardous Materials contamination unrelated to Owner’s utility facilities is discovered on the Project Site by the Constructing Party, the Constructing Party shall promptly notify the other Party of such Hazardous Materials contamination and, if Owner is the Constructing Party, Owner shall cease all construction of Relocation at the location in question until such time as Environmental Work at that location has been completed. Owner shall not be responsible to conduct or pay the costs of Environmental Work, except as specifically prescribed in this Article 7(d). The previous paragraph notwithstanding, the Responsible Party is responsible for the cost of, and the Constructing Party shall perform, any Environmental Work necessitated by the removal of intact Owner Utility materials that happen to contain or constitute Hazardous Materials. In addition, to the extent that any Environmental Work is required to remediate Hazardous Materials contamination caused by (A) the construction, operation, or maintenance of Owner’s Utility in its existing location and/or (B) negligent or willful acts or omissions of Owner or its Contractors in constructing the Relocation (“Excluded Environmental Work”), Owner shall be responsible for the costs of all such Excluded Environmental Work and may be required to undertake such Excluded Environmental Work. CDOT shall extend the deadline for completion of Relocations effected by Hazardous Materials contamination while Environmental Work and/or any Excluded Environmental Work described in Article 7(d)(iii)(A) is undertaken. Owner shall make reasonable efforts to redistribute its Relocation crews to other Relocation sites while unable to perform at any contaminated location. Credits If CDOT seeks Depreciation Value credit pursuant to 23 C.F.R. 645 for a Utility Relocation for which CDOT is the Responsible Party, Owner shall furnish evidence of the period of actual length of service and total life expectancy of the Utility as well as evidence of the original cost to install the Utility. Based upon the submitted evidence, the Cost of Relocation shown on any Work Order shall reflect the Depreciation Value credit due. Owner shall furnish CDOT with evidence of any Salvage Value received for a Utility Relocation for which CDOT is the Responsible Party, as required by 23 C.F.R. 645. Based upon the submitted evidence, the Cost of Relocation shown on the Work Order shall reflect the Salvage Value credit due. Where CDOT is also the Construc...
Environmental Work. The School District’s Office of Environmental Management & Services (“OEMS”) developed the Scope of Work (“SOW”) for remediation services where applicable. Work shall involve removal and proper disposal of asbestos materials prior to any removal, repair and/or construction of piping, insulation, and/or any miscellaneous equipment and materials. Environmental scope of work shall also include abatement required for other work described hereinafter. The MEP Engineer shall fully comply with the OEMS SOW for the Project.
Environmental Work. The Developer shall be responsible for performing the work of any investigation and remediation which may be required by applicable law on the Site in order to develop the Project, except with respect to those conditions and Hazardous Substances excepted from the Developer's indemnification obligations including, without limitation, those referenced in the last sentence of the paragraph above entitled Indemnity. The determination as to whether any such remediation is needed, and as to the scope and methodology thereof, shall be made by mutual agreement of the governmental agency with responsibility for monitoring such remediation and the Developer. The Developer shall notify the Agency promptly upon discovery of any actionable levels of Hazardous Substances, and upon any release thereof, and shall consult with the Agency in order to establish the extent of remediation to be undertaken and the procedures by which remediation thereof shall take place. The Developer shall comply with, and shall cause its agents and contractors to comply with, all laws regarding the use, removal, storage, transportation, disposal and remediation of Hazardous Substances. The investigation and remediation work shall be carried out in accordance with all applicable laws and such other procedures and processes as may be described in this Agreement. The foregoing provision of this paragraph shall be interpreted and applied consistent with and in compliance with the procedures of and policies of the FORA PLL under which the Agency or the Developer is a named insured with respect to the Site or other portion or Phase thereof.
Environmental Work. As part of the permits and approvals that may be required for construction, the Lessee agrees that it shall pursue all work required to obtain and comply with approvals under the following environmental requirements. The Lessee shall obtain and comply with a determination under the National Environmental Policy Act of 1969 (NEPA) as further described at Exhibit I attached hereto and incorporated herein. The Lessee shall also comply with the requirements of a determination that the Authority shall obtain under the National Historic Preservation Act (NHPA), as further described at Exhibit I. The Lessee shall also obtain approval for construction from the Federal Aviation Administration under 14 C.F.R. Part 77.9, Form 7460-1.
Environmental Work. Borrower shall use commercially reasonable efforts to obtain and deliver to Lender within twelve (12) months after the date hereof, a no further remediation letter or similar letter from the Ohio Bureau of Underground Storage Tank Regulations (BUSTR) or other state governmental or environmental agency or authority having jurisdiction over the Property in form and substance reasonably acceptable to Lender (a “No Further Action Letter”) with respect to groundwater contamination in the area at the Property which formerly contained underground storage tanks and was operated as a Firestone automobile service center (the “Environmental Work”), and in the event Borrower is unable to obtain a No Further Action Letter within such twelve (12) month period Borrower shall (i) deliver to Lender within five (5) Business Days following the expiration of such twelve (12) month period evidence reasonably satisfactory to Lender that Borrower has performed and completed any actions necessary or required to obtain a No Further Action Letter and that the delay in receiving such No Further Action Letter is due to delays in the issuance of such No Further Action Letter by the Ohio Bureau of Underground Storage Tank Regulations (BUSTR) or other state governmental or environmental agency or authority having jurisdiction over the Property and (ii) continue to use commercially reasonable efforts following the expiration of such twelve (12) month period to obtain and deliver to Lender the No Further Action Letter. Any remediation work performed at the Property in connection with the Environmental Work shall be performed by contractors, and under the supervision of a licensed consulting engineer, which shall not be an Affiliate of Borrower, each approved in advance by Lender in Lender’s reasonable discretion, and shall be conducted in accordance and compliance with all Environmental Laws.
Environmental Work. As used herein, “Environmental Work” means investigation, monitoring, active remediation, passive remediation, vapor mitigation and risk assessment or other response required under applicable Environmental Laws, as directed by the Maryland Department of the Environment or as otherwise required to obtain a Governmental Closure Document and/or comply with the terms of any such Governmental Closure Document. As used herein, “Environmental Work” also expressly includes any financial assurance requirements required to be posted with any Agency after Closing with respect to the aforesaid remediation to be conducted by Buyer. Buyer acknowledges and agrees that Seller currently has a $60,000 Letter of Credit posted with the Maryland Department of the Environment for such financial assurance, and Buyer shall replace the Seller’s Letter of Credit with alternate financial assurance as of the Closing Date and shall cause the aforesaid Letter of Credit to be duly returned to Seller for cancellation at Closing or as soon as possible thereafter. In the event that a Letter of Credit for an amount exceeding $60,000 shall be required by the Maryland Department of the Environment prior to Closing, then Buyer shall pay for the first five hundred dollars ($500.00) of the aggregate costs and fees that Buyer incurs in obtaining the new Letter of Credit, and any costs and fees exceeding $500 shall be paid by Seller as a credit against the Purchase Price, up to a maximum credit of $500, whereupon all remaining fees and costs shall be paid by the Buyer.
Environmental Work. Oxxxx shall be solely responsible (a) to fund any costs to contain, remove, remediate and monitor all environmental contamination with respect to the Property and (b) at Oxxxx’ sole cost, to manage the process, hire the contractors and coordinate with the various governmental or quasi-governmental agencies having jurisdiction thereof until such time as such agencies issue final written determinations that no further action is required and the Property is fully compliant with all applicable environmental laws (the “Environmental Work”).2 Oxxxx shall diligently pursue the obligations described in the preceding sentence. Oxxxx shall indemnify and hold the Company and the other Parties harmless from and against any and all claims, costs, and liabilities relating to such contamination and/or the Environmental Work. Oxxxx shall promptly (within five (5) calendar days after delivery of notice from Manager) reimburse the Company if and to the extent that the Company incurs any costs or expenses with respect to the Environmental Work. Such obligation of Oxxxx shall continue and survive whether or not Oxxxx is a member of the Company and shall not constitute any Capital Contribution by Oxxxx or affect the Capital Accounts of the Members in any way. If Oxxxx defaults in such obligation, then Nanook may, at its election in its sole and absolute discretion, loan such defaulted amount to the Company, which loan shall be repaid with interest at the rate of nine percent (9%) per annum calculated on a cumulative (but not compounded) basis, but no more than the maximum rate allowed by law and which loan shall have priority of expenses set forth in Section 4.1(a)(i) and/or Section 4.1(b)(i).
Environmental Work. The Developer shall be responsible for performing the work of any investigation and remediation which may be required by applicable law on the Site in order to develop the Development. The determination as to whether any such remediation is needed, and as to the scope and methodology thereof, shall be made by mutual agreement of governmental agency with responsibility for monitoring such remediation and the Agency and the Developer. The Developer shall notify the Agency promptly upon discovery of any actionable levels of Hazardous Materials, and upon any release thereof, and shall consult with the Agency in order to establish the extent of remediation to be undertaken and the procedures by which remediation thereof shall take place. The Developer shall comply with, and shall cause its agents and contractors to comply with, all laws regarding the use, removal, storage, transportation, disposal and remediation of Hazardous Materials. The investigation and remediation work shall be carried out in accordance with all applicable laws (including Hazardous Materials Laws) and such other procedures and processes as may be described in this Agreement. The foregoing provision of subsection 9.8.4 shall be interpreted and applied consistent with and in compliance with the procedures of and policies of environmental liability insurance under which the Agency or the Developer is a named insured with respect to the Site or other portion or Phase thereof.
Environmental Work. 6 Environmental, Health and Safety Liabilities...................................5 ERISA..........................................................................6
