Institutional and Engineering Controls Sample Clauses

Institutional and Engineering Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP. (4) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (5) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; (6) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (7) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP. (8) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP. (9) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department’s statutory ...
Sample 1
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Institutional and Engineering Controls. The following controls apply to the use ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner ofthe Controlled Property, any lessees, and any person using the Controlled Property: A. The Controlled Property may be used for restricted commercial or industrial use, including but not limited to an IKEA furniture store (incorporating accessory commercial uses) and freestanding satellite buildings to be used for retail and restaurant establishments, as long as the following long-term engineering controls are employed, and the land use restrictions specified below are adhered to: 1. Comply with all elements of the SMP; 2. Operate and maintain all Engineering Controls as specified in the SMP; 3. Inspect, certify and maintain the Site Cap as required in the SMP; 4. Inspect, certify and maintain the soil vapor mitigation system consisting of a vapor barrier and sub-slab vapor mitigation system under the retail building as required in the SMP; 5. Inspect and certify all Engineering Controls at a frequency and in a manner defined in the SMP; II r " - -.. , I Site No: C 224043 I I , • Index No: W2 -1023-04-10 6. Perfonn soil vapor monitoring as required in the SMP; 7. Report data and information pertinent to Site management at the frequency and in a manner defmed in the SMP; 8. Protect and replace environmental monitoring devices, including but not limited to, soil vapor probes, as necessary to ensure the devices function in the manner specified in the SMP; and 9. Prevent the discontinuance of any Engineering Controls without an amendment or the extinguishment of this Environmental Easement. Land Use Restrictions that apply to the Site are: 1. Prohibition on the use of the groundwater underlying the Site for potable or process uses; 2. All future activities on the Site that will disturb residual contamination are prohibited unless they are conducted in accordance with the SMP; 3. The Site may only be used for commercial or industrial development, provided that the long-tenn Engineering Controls and Institutional Controls included in the remain in use; 4. The Site may not be used for a less restricted level of use, such as residential use, without an amendment or the extinguishment of the Environmental Easement and prior written NYSDEC and NYSDOH approval; and 5. The Grantor and its successors and assigns must submit to NYSDEC and NYSDOH a written stateme...
Sample 1
Institutional and Engineering Controls. After 301 completes performance of the finally approved RAP (including if necessary, as determined by 301, access to the cost cap coverage portion of the Insurance Policy) and requests the RWQCB to issue a No Further Action Letter, if the RWQCB indicates that it will not issue a No Further Action Letter unless 301 implements and maintains institutional controls (including deed restrictions) and/or engineering controls at the Property, and if, at that time, 301 has not expended all funds in the commutation account, 301, in consultation with the RWQCB, shall undertake such additional environmental response actions at the Property as are reasonable under the circumstances and as can be implemented without incurring costs greater than the remaining balance in the commutation account to eliminate without use of institutional controls (including deed restrictions) and/or engineering controls, in so far as possible, the environmental conditions that formed the basis for the RWQCB's refusal to issue a No Further Action Letter. Upon completion of such additional work, if any, 301 shall request the RWQCB to issue a No Further Action Letter for its benefit at its cost. If, in response, the RWQCB indicates that it will not issue a No Further Action Letter unless 301 implements and maintains institutional controls (including deed restrictions) and/or engineering controls, the Parties will be so informed and have the right to approve such institutional controls (including deed restrictions) and/or engineering controls, which approval or disapproval shall not be unreasonably delayed. If the Parties cannot agree as to such institutional controls (including deed restrictions) and/or engineering controls, this dispute shall be submitted to arbitration, in accordance with this Agreement (and the Arbitrator shall have a technical advisor approved by the Parties). If a decision is made by the Parties or by the Arbitrator to implement institutional controls (including deed restrictions) and/or engineering controls, 301: (i) shall implement and maintain such institutional controls (including deed restrictions) and/or engineering controls as are agreed to by the Parties or determined by the Arbitrator, and (ii) shall record against the Property a permanent deed restriction for the benefit of the Parties: (x) against the use or development of the Property for Unrestricted Uses, excluding hospitals, skilled nursing facilities, medical facilities, motels, and hotels, and/or (y) agai...
Sample 1
Institutional and Engineering Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP. Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP.
Sample 1
Institutional and Engineering Controls. The controls and requirements listed in the Department approved Site Management Plan including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Propeity, any lessees and any person using the Controlled Property. (I) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-1.8(g)(2)(iv)
Sample 1
Institutional and Engineering Controls. The following controls apply to the use of the Controlled Property. run with the land are binding on the Grantor and the Grantor's slIccessors and assigns. and are enforceable in law or equity any owner of the Controlled Property. any lessees. any person using the Controlled Property: A. The Controlled Property may be used restricted residential use as long as the following long-term engineering controls are a) the barrier layer consisting of asphalt in the parking area. imperviolls sidewalks/walkways, the soil cover in the area. and the building structures is maintained in accordance with the NYSDEC-approved Site Management Plan. b) all future soil disturbance including building subgrade utility line repair/relocation, and construction are conducted in accordance with the NYSDEC-approved Site Management Plan.
Sample 1
Institutional and Engineering Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Choose the allowable land use if current land use is selected, enter current use. (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment as determined by the NYSDOH or the Automatic County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Choose the correct list of inapplicable uses., and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of t...
Sample 1
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Institutional and Engineering Controls. In the event Contributor employs any Institutional or Engineering Controls at any portion of the Leased Real Property in connection with any Remedial Work performed by Contributor to satisfy the requirements of ISRA and this Section 5.5.3, Acquirer shall cooperate, as reasonably requested by Contributor, with the recording of a Deed Notice to establish such controls and the securing of any remedial action permit required under Environmental Laws, including N.J.A.C. 7:26C-7.1, et seq. and shall at all times observe, comply with and not impair, alter or disturb such controls (except as permitted by Environmental Laws). Contributor (or any successors) shall be the lead permittee on such remedial action permit required to facilitate the ISRA requirements arising from Environmental Liabilities set forth in Section 2.5.3.1, to post and maintain any remediation funding source required by such permit, and to perform at its sole cost and expense all inspection, maintenance, recordkeeping, biennial certification or other requirements of ISRA or Environmental Laws, in each case in relation to such Institutional or Engineering Controls.
Sample 1
Institutional and Engineering Controls. The following controls apply to the use of the Controlled Property, run with the land are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property: A. The Controlled Property may be used for commercial use as long as the following long-term engineering controls are employed and the land use restrictions specified below are adhered to: The Engineering Controls are as follows: 1 All Engineering Controls must be operated and maintained as specified in the SMP (as defined in paragraph 2 B below);
Sample 1

Related to Institutional and Engineering Controls

  • Accounting Controls The Company and its Subsidiaries maintain systems of “internal control over financial reporting” (as defined under Rules 13a-15 and 15d-15 under the Exchange Act Regulations) that comply with the requirements of the Exchange Act and have been designed by, or under the supervision of, their respective principal executive and principal financial officers, or persons performing similar functions, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with GAAP, including, but not limited to, internal accounting controls sufficient to provide reasonable assurance that (i) transactions are executed in accordance with management’s general or specific authorizations; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (iii) access to assets is permitted only in accordance with management’s general or specific authorization; and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. Except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company is not aware of any material weaknesses in its internal controls. The Company’s auditors and the Audit Committee of the Board of Directors of the Company have been advised of: (i) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are known to the Company’s management and that have adversely affected or are reasonably likely to adversely affect the Company’ ability to record, process, summarize and report financial information; and (ii) any fraud known to the Company’s management, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controls over financial reporting.

  • No Material Weakness in Internal Controls Except as disclosed in the Disclosure Package and the Prospectus, or in any document incorporated by reference therein, since the end of the Company’s most recent audited fiscal year, there has been (i) no material weakness in the Company’s internal control over financial reporting (whether or not remediated) and (ii) no change in the Company’s internal control over financial reporting that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting.

  • Audit Controls a. System Security Review. CONTRACTOR must ensure audit control mechanisms that record and examine system activity are in place. All systems processing and/or storing PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have at least an annual system risk assessment/security review which provides assurance that administrative, physical, and technical controls are functioning effectively and providing adequate levels of protection. Reviews should include vulnerability scanning tools.

  • Financial Controls At all times, the Charter School shall maintain appropriate governance and managerial procedures and financial controls which procedures and controls shall include, but not be limited to: (1) commonly accepted accounting practices and the capacity to implement them (2) a checking account; (3) adequate payroll procedures; (4) procedures for the creation and review of monthly and quarterly financial reports, which procedures shall specifically identify the individual who will be responsible for preparing such financial reports in the following fiscal year; (5) internal control procedures for cash receipts, cash disbursements and purchases; and (6) maintenance of asset registers and financial procedures for grants in accordance with applicable state and federal law.

  • Internal Controls The Company shall maintain a system of internal accounting controls sufficient to provide reasonable assurances that: (i) transactions are executed in accordance with management’s general or specific authorization; (ii) transactions are recorded as necessary in order to permit preparation of financial statements in accordance with GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

  • Indenture Controls If and to the extent that any provision of the Notes limits, qualifies or conflicts with a provision of this Indenture, such provision of this Indenture shall control.

  • Financial Management; Financial Reports; Audits 1. The Recipient shall ensure that a financial management system is maintained in accordance with the provisions of Section 2.07 of the Standard Conditions. 2. The Recipient shall ensure that interim unaudited financial reports for the Project are prepared and furnished to the World Bank not later than forty five (45) days after the end of each calendar quarter, covering the quarter, in form and substance satisfactory to the World Bank. 3. The Recipient shall have its Financial Statements for the Project audited in accordance with the provisions of Section 2.07(b) of the Standard Conditions. Each such audit of the Financial Statements shall cover the period of one fiscal year of the Recipient. The audited Financial Statements for each such period shall be furnished to the World Bank not later than six (6) months after the end of such period.

  • Agreement Controls In the event that any term of any of the Loan Documents other than this Agreement conflicts with any express term of this Agreement, the terms and provisions of this Agreement shall control to the extent of such conflict.

  • Technical Security Controls 35 a. Workstation/Laptop encryption. All workstations and laptops that store PHI COUNTY 36 discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of 37 COUNTY either directly or temporarily must be encrypted using a FIPS 140-2 certified algorithm which 1 is 128bit or higher, such as AES. The encryption solution must be full disk unless approved by the 2 COUNTY.

  • Financial Management, Financial Reports and Audits 1. The Recipient shall maintain or cause to be maintained a financial management system in accordance with the provisions of Section 4.09 of the General Conditions. 2. Without limitation on the provisions of Part A of this Section, the Recipient shall prepare and furnish to the Association not later than forty-five (45) days after the end of each calendar quarter, interim unaudited financial reports for the Project covering the quarter, in form and substance satisfactory to the Association. 3. The Recipient shall have its Financial Statements audited in accordance with the provisions of Section 4.09(b) of the General Conditions. Each audit of the Financial Statements shall cover the period of one (1) fiscal year of the Recipient. The audited Financial Statements for each such period shall be furnished to the Association not later than six (6) months after the end of such period.

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