Exit Environmental Assessment Sample Clauses

Exit Environmental Assessment. Two (2) years before the termination date of this Agreement, or if the Agreement is terminated earlier under the provisions of the Agreement, then within one hundred eighty (180) Days after that termination, Concessionaire and County shall conduct an inspection of the Premises and Concessionaire shall cause to be performed an exit environmental assessment of the Premises ("Exit Environmental Assessment") at Concessionaire's sole expense which may include, but is not limited to, soil and water sampling and analysis consistent with a Phase II Environmental Assessment. Concessionaire must develop the scope of the work for the Exit Environmental Assessment with the Aviation Department. If the Exit Environmental Assessment or inspections indicate that further actions should be conducted, then County may have such further actions conducted by Concessionaire at Concessionaire's sole expense to County's satisfaction. Nothing herein will limit County's right of entry onto the Premises under other provisions of this article or of this Agreement, or under its regulatory powers. County shall have the right to split any soil or water samples obtained by Concessionaire and Concessionaire shall have the right to split any soil or water samples obtained by County. 14.17.1 If County performs the inspections or the Exit Environmental Assessment due to Concessionaire's denial or failure to perform as required in this provision, then Concessionaire will reimburse County for the cost of such Exit Environmental Assessment and inspections, plus any administrative costs, within fifteen (15) Days following written demand for same, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. 14.17.2 If an Exit Environmental Assessment discloses Recognized Environmental Conditions or Materials on the Premises caused by Concessionaire or Concessionaire's Parties beyond those levels established in the Initial Environmental Assessment's baseline and the Agreement naturally expires or is terminated, and Concessionaire has not completed the environmental remediation, then Concessionaire shall revert to a holdover tenant until completion and will be subject to double rent.
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Exit Environmental Assessment. The "Exit Environmental Assessment" is a document based on environmental site assessments, examinations, inspections, tests, inquiries and surveys necessary to identify contamination and the presence of hazardous substances or other Materials in, on or under the surface of the Premises. A general outline of the Environmental Assessment is provided in Exhibit C. The actual scope of services proposed by the Lessee must be approved by the Aviation Department prior to implementation. The Aviation Department and any applicable County agencies shall be given five (5) days advance written notice of commencing the work scope activities of any Exit Environmental Assessment. The parties acknowledge that Lessee must obtain an Exit Environmental Assessment of the Current Parcel as set forth below, and if Lessee accepts the Development Parcel pursuant to the requirements of Section 3, above, than Lessee must obtain an Exit Environmental Assessment of the Development Parcel, as provided below:

Related to Exit Environmental Assessment

  • Environmental Audit If required by the Administrative Agent, reports and other information in form, scope and substance satisfactory to the Administrative Agent and prepared by environmental consultants satisfactory to the Administrative Agent, concerning any environmental hazards or liabilities to which any Credit Party may be subject with respect to such Additional Mortgaged Property; and

  • Environmental Compliance (a) No Loan Party or Restricted Subsidiary (i) has failed to comply in all material respects with applicable Environmental Law or to obtain, maintain or comply with any Environmental Permit, (ii) has become subject to any Environmental Liability, (iii) has received notice of any claim with respect to any material Environmental Liability or (iv) has a Responsible Officer with knowledge of any basis for any material Environmental Liability, except, in each case, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (i) None of the properties currently or formerly owned or operated by any Loan Party or Restricted Subsidiary is or was listed or, to the knowledge of any Responsible Officer was proposed for listing on the NPL or on the CERCLIS or any analogous state or local list at any time while such property was owned by such Loan Party or, to the knowledge of any Responsible Officer, at any time prior to or after such property was owned by such Loan Party, and, to the knowledge of any Responsible Officer, no property currently owned or operated by any Loan Party or Restricted Subsidiary is adjacent to any such property, in each case in connection with any matter for which any Loan Party or Restricted Subsidiary would have any material Environmental Liability; (ii) there are no, or, to the knowledge of any Responsible Officer, never have been any underground or above-ground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Materials are being or have been treated, stored or disposed on any property currently owned or operated by any Loan Party or Restricted Subsidiary in violation of any Environmental Laws or, to the knowledge of any Responsible Officer, on any property formerly owned or operated by any Loan Party or Restricted Subsidiary; (iii) there is no friable asbestos or friable asbestos-containing material on any property currently owned or operated by any Loan Party or Restricted Subsidiary; (iv) Hazardous Materials have not been Released, discharged or disposed of on any property currently or formerly owned or operated by any Loan Party or Restricted Subsidiary in violation of any Environmental Laws; and (v) to the knowledge of any Responsible Officer, there are no pending or threatened Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Loan Party or Restricted Subsidiary, and to the knowledge of any Responsible Officer, no actions by any Governmental Authority have been taken or are in process which would subject any of such properties or assets to such Liens, except, in the case of clauses (i) through (v) above, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (c) No Loan Party or Restricted Subsidiary is undertaking, and no Loan Party or Restricted Subsidiary has completed, either individually or together with other potentially responsible parties, any investigation or assessment or remedial or response action relating to any actual or threatened Release, discharge or disposal of Hazardous Materials at any site, location or operation, either voluntarily or pursuant to the order of any Governmental Authority or the requirements of any Environmental Law that has or would reasonably be expected to have a Material Adverse Effect; and all Hazardous Materials generated, used, treated, handled or stored at, or transported to or from, any property currently or formerly owned or operated by any Loan Party or Restricted Subsidiary have been disposed of in a manner not reasonably expected, individually or in the aggregate, to have a Material Adverse Effect.

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