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. Seller will on or before September 30, 2005, complete the ESA and the Phase II ESA described in Section 7.8.
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. In connection with Tenant’s work pursuant to Schedule 20.3 to the Side Letter, Landlord currently holds funds in escrow (in the amount set forth in Schedule 20.3 of the Side Letter as of the Commencement Date). Such funds shall be disbursed to Tenant by Landlord to reimburse Tenant for costs and expenses incurred in order to perform such work, in each case within five Business Days following receipt from Tenant of a request therefor, accompanied by (1) an itemized list of all costs to be paid with the proceeds of such disbursement and (2) a certification from Tenant that all such costs have been paid by Tenant or will be paid with the proceeds of such disbursement, and that all amounts previously received by Tenant from such funds held by Landlord have been applied by Tenant toward the costs for which they were requested. Upon Tenant’s completion of such work and payment of all costs and expenses in respect thereof, any amounts then remaining in escrow with Landlord shall promptly be remitted to Tenant.
Environmental Work. 6 Environmental, Health and Safety Liabilities...................................5 ERISA..........................................................................6
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. (a) Within thirty (30) calendar days from the date hereof, the Purchaser shall have the right, at its sole cost and expense, to engage AquaTerra Services Corp. (the "Consultant") to conduct a Phase I Environmental Assessment, as such term is commonly understood, with respect to the Owned Real Property and the Leased Real Property, except that the rights granted to the Purchaser with respect to the Leased Real Property shall be subject to any required consent of the landlord of such Leased Real Property and provided, in each case, such inspections and interviews shall be conducted only (i) during regular business hours upon reasonable notice to the Seller, (ii) in a manner which will not unduly interfere with the operation of the Business and/or the use of, access to or egress from the Owned Real Property and the Leased Real Property, and (iii) without damage to any property of the Seller or any property of any lessor of Leased Real Property.
Environmental Work. 26 Estimate.........................................................8
