Common use of Institutional Controls Clause in Contracts

Institutional Controls. a. On the Effective Date of this Settlement and thereafter, Purchaser shall comply with the land and groundwater use restrictions established in the Environmental Covenant recorded on the Site on August 30, 2014.‌ b. On the effective date of the FDRTC and thereafter, Purchaser shall comply with the land and groundwater use restrictions selected in the FDRTC. In selecting the land and groundwater use restrictions, EPA takes into consideration, among other things, the current and reasonably anticipated use of the property, consistent with its guidance entitled Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites, U.S. EPA OSWER 9355.0-89 (Dec. 2012).‌ c. In accordance with the EPA-approved CMI Work Plan schedule, or as otherwise directed by EPA, Purchaser shall submit to EPA for review and approval, in accordance with Paragraph 36, a proposal for the implementation of Institutional Controls (the “Institutional Controls Workplan”), which shall provide a plan and schedule for the implementation of all land use restrictions and/or other Institutional Controls called for in the remedy to be selected by EPA in the FDRTC for the Site, as those land use restrictions and/or other Institutional Controls relate to the Property. Upon EPA approval, and in accordance with the EPA-approved Institutional Controls Workplan and schedule, Purchaser shall institute these land use restrictions and/or other Institutional Control until such time as EPA determines that such land use restrictions and/or other Institutional Controls are no longer necessary.‌

Appears in 4 contracts

Samples: Administrative Settlement Agreement and Order on Consent for Response Action, Administrative Settlement Agreement and Order on Consent for Response Action, Administrative Settlement Agreement and Order on Consent for Response Action

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