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. 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. 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. Tenant specifically acknowledges that the Property and Premises will be required to have various environmental remediation activities completed. Xxxxxx agrees that as consideration for Landlord to enter into this Lease, that Tenant will be solely responsible for completing or causing to be completed any and all required remediation activities and to submit the necessary reports to the Illinois Environmental Protection Agency (the “IEPA) in order for Landlord to obtain a no further remediation ( the “NFR”) letter for the Property for industrial/commercial land use. Prior to the Effective Date, Xxxxxx completed a Phase I Environmental Study and a Phase II Environmental Study (the “Environmental Studies”) of the Property, which included identification of a recognized environmental condition that requires further environmental activities and services (the “Environmental Work”) as outlined in the proposal received by the Tenant from Environmental Services, Inc. dated August 8, 2022. Xxxxxx agrees to authorize and take responsibility for the Environmental Work, which shall include any and all actions necessary for Landlord to obtain the NFR. Tenant will be responsible for any and all costs associated with the Environmental Work needed for Landlord to obtain the NFR. If Tenant fails to complete or cause to be completed the Environmental Work needed for Landlord to obtain the NFR, then Tenant shall be liable for any loss or cost resulting from said failure, and Landlord shall have the right to complete or cause to be completed such Environmental Work needed to obtain the NFR on Tenant’s behalf and at Tenant’s sole expense, the cost of which, plus a fifteen percent (15%) administrative fee, shall be deemed Additional Rent and shall be payable upon Landlord’s demand. This Section 17.29.8 shall not be deemed to be a waiver of any of Landlord’s rights and remedies under any other Section of this Lease. Landlord intends and agrees to assign its rights as Purchaser under Section 5 of the Second Amendment to the Purchase Agreement to Tenant, which allows for the use of the Holdback Funds held in Escrow under the Holdback Escrow Agreement defined therein.
Environmental Work i) 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).
ii) 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.
iii) 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 Design Build Contractors in constructing the Relocation (“Excluded Environmental Work”), Design Build Contractor shall be responsible for the costs of all such Excluded Environmental Work and may be required to undertake such Excluded Environmental Work.
iv) 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.
Environmental Work. (a) The Company currently is performing, or may be obligated to perform, work in respect of each of the environmental matters identified on Schedule 6.2 attached hereto (the "Environmental Work"). Subject to the terms of the Environmental Escrow Agreement, from and after the Closing, Buyer shall control and perform the balance of the Environmental Work, provided that all Environmental Work shall be performed on a basis consistent with the Company's past practices; provided, however, that Buyer shall provide periodic updates to the Representative regarding all Environmental Work performed by Buyer from and after the Closing no less frequently than once per calendar quarter. Costs and expenses in respect of any Environmental Work shall be paid out of the Environmental Escrow Amount upon the joint written instructions of Buyer and the Representative following the certification by the Company to the Representative in reasonable detail (together with such supporting documentation as the Representative may reasonably request) specifying such costs and expenses, pursuant to the terms and conditions set forth in the Environmental Escrow Agreement, it being understood that (i) to the extent such costs and expenses exceed the amount of funds in the Environmental Escrow Account, then Buyer shall be responsible for any such excess costs and expenses and (ii) if any funds remain available in the Environmental Escrow Account after completion of the Environmental Work and payment therefor in full, such remaining funds shall be released from the Environmental Escrow Account and disbursed in accordance with the instructions of the
Environmental Work. 26 Estimate.........................................................8
Environmental Work. 58 6.3 Redemption of the Notes; Indenture Indebtedness Satisfaction and Discharge................................................... 59 6.4
Environmental Work. 6 Environmental, Health and Safety Liabilities...................................5 ERISA..........................................................................6
Environmental Work. A copy of the existing "Phase I" environmental assessment and/or Property Condition Report of the Project, if any, in Seller's possession; and
