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.
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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:
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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. 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

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.

  • 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.

  • Compliance Policies and Procedures To assist the Fund in complying with Rule 38a-1 of the 1940 Act, BBH&Co. represents that it has adopted written policies and procedures reasonably designed to prevent violation of the federal securities laws in fulfilling its obligations under the Agreement and that it has in place a compliance program to monitor its compliance with those policies and procedures. BBH&Co will upon request provide the Fund with information about our compliance program as mutually agreed.

  • Internal Control Over Financial Reporting and Internal Accounting Controls The Company maintains (i) effective internal control over financial reporting as defined in Rules 13a-15 and 15d-15 under the Exchange Act, and (ii) a system of internal accounting controls sufficient to provide reasonable assurance that (A) transactions are executed in accordance with management’s general or specific authorizations; (B) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain asset accountability; (C) access to assets is permitted only in accordance with management’s general or specific authorization; and (D) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

  • 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.

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