Notice of Environmental Conditions. The Lessee shall provide the Lessor with immediate written notice: (a) upon the Lessee becoming aware of (i) the presence of, any release or any threat of release of any Hazardous Substances on, under or from the Leased Property (whether or not caused by the Lessee) and (ii) any Environmental Enforcement Action instituted or threatened and (b) upon receipt by the Lessee of any notice relating to the Leased Property or any Hazardous Substance allegedly originating on, under or from the Leased Property, from any Governmental Authority pursuant to any of the Environmental Laws.
Notice of Environmental Conditions. The Indemnitors shall provide the Lessor with immediate written notice upon: (i) either of the Indemnitors becoming aware of (a) the presence of, any release or any threat of release of any Hazardous Substances on, under or from the Leased Property (whether or not caused by any of the Indemnitors), (b) any Environmental Enforcement Action instituted or threatened, (c) any enforcement, assessment, monitoring, clean-up, containment, removal, remediation, restoration or other action or order instituted, threatened, required or completed by any Governmental Authority pursuant to any of the Environmental Laws with respect to any Surrounding Property and/or (d) any condition or occurrence on any Surrounding Property that may constitute a violation of any of the Environmental Laws and (ii) the receipt by either of the Indemnitors of any notice relating to the Leased Property or any Hazardous Substance allegedly originating on, under or from the Leased Property, from any Governmental Authority pursuant to any of the Environmental Laws. At least six (6) months, but not more than nine (9) months, prior to the expiration of the Term of the Lease, the Lessee shall at its own cost and expense obtain a professional environmental assessment of the Leased Property, all in accordance with the scope of Section 6 below and with the Lessor's then standard requirements. Such assessment shall be set forth in a written report addressed to and delivered to the Lessor at least four (4) months before the end of the Term of the Lease.
Notice of Environmental Conditions. The Lessee shall provide the Lessor and any Fee Mortgagee with immediate written notice: (a) upon the Lessee becoming aware of (i) the presence of, any release or any threat of release of any Hazardous Substances on, under or from the Leased Property (whether or not caused by the Lessee) that is not in compliance with any Environmental Law and (ii) any Environmental Enforcement Action instituted or threatened and (b) upon receipt by the Lessee of any notice relating to the Leased Property or any Hazardous Substance allegedly originating on, under or from the Leased Property, from any Governmental Authority pursuant to any of the Environmental Laws.
Notice of Environmental Conditions. The Lessor's Rights To Inspect The Leased Property and Take Remedial Actions..........17 6.5
Notice of Environmental Conditions. (a) As a condition to asserting any claim with respect to any alleged Adverse Environmental Condition affecting the Acquired Assets, Purchaser must deliver to Sellers a valid written Notice of Environmental Condition no later than the Defect Notice Deadline. Notwithstanding the foregoing, Purchaser shall use reasonable efforts to notify Sellers of any alleged Adverse Environmental Condition affecting the Acquired Assets at least once every week during the period between the Execution Date and the Defect Notice Deadline which notice may be preliminary in nature and supplemented prior to the Defect Notice Deadline; provided that failure of Purchaser to provide preliminary notice of any Adverse Environmental Condition shall not be deemed to be a waiver of or otherwise prejudice Purchaser’s right to assert an Adverse Environmental Condition on or before the Defect Notice Deadline.
(b) On or before the Defect Notice Deadline, Purchaser shall deliver to Sellers a written notice (a “Notice of Environmental Conditions”) that sets forth all Adverse Environmental Conditions affecting the Acquired Assets that Purchaser desires to assert under this Agreement. The Notice of Environmental Conditions shall, with respect to each such alleged Adverse Environmental Condition set forth therein:
(i) a specific description of each Asset that is affected by the alleged Adverse Environmental Condition (the “Environmental Defect Property”);
(ii) a description of the alleged Adverse Environmental Condition and the facts and circumstances giving rise thereto, including all materials compiled by Purchaser which supports the existence of such alleged Adverse Environmental Condition;
(iii) the Allocated Value of each Environmental Defect Property; and
(iv) a good-faith estimate of the Remediation Amount (itemized in reasonable detail) that Purchaser asserts is attributable to such alleged Adverse Environmental Condition. Purchaser’ good-faith estimate of the Remediation Amount must describe the Remediation proposed for the Adverse Environmental Condition and identify all material assumptions used by Purchaser in estimating the Remediation Amount, including any applicable standards the Purchaser asserts must be met to comply with Environmental Laws.
(c) An Adverse Environmental Condition shall be conclusively waived by Purchaser and Purchaser shall not be entitled to any adjustment for such Adverse Environmental Condition, and Sellers shall not be obligated to cure such Adverse Environ...
Notice of Environmental Conditions. Prior to Closing, ASSIGNEE will review the inspection and testing results for the Property and determine based on those results if any adverse environmental conditions exist with respect to the Property. No later than three (3) business days before Closing, ASSIGNEE will notify ASSIGNOR in writing of any adverse environmental condition with respect to the Property, and the estimated value of any such environmental condition. The value of an environmental condition for purposes of Section 5.3.4 will be the estimated amount of all costs and Claims (as defined in Section 8.1) associated with the existence, remediation or correction of the environmental condition, as determined by the mutually approved agent or representative that conducted the Phase I environmental assessment.
Notice of Environmental Conditions. Prior to the Defect Notice Date, Purchaser will review the inspection and testing results for the Subject Properties and determine based on those results whether any Environmental Conditions exist with respect to the Subject Properties. No later than 4:00pm Mountain Time on the Defect Notice Date, Purchaser will notify Sellers in writing of any Environmental Conditions adversely affecting the value of the Subject Properties. Such notice shall describe in reasonable detail the Environmental Conditions, include all data and information in Purchaser’s or its Inspector’s possession or control bearing thereon and include the estimated Environmental Defect Values attributable thereto, to the extent the Environmental Defect Values are known.
Notice of Environmental Conditions. The Lessee's Agreement To Take Remedial Actions...............................
Notice of Environmental Conditions. Prior to Closing, the Buyer shall review the inspection and testing results for the Interests and determine, based on those results, if any adverse environmental conditions (the AEnvironmental Conditions@) exist or may exist with respect to the Interests. No later than three (3) business days before Closing, Buyer shall notify Seller in writing of any Environmental Conditions, and the estimated value of such Environmental Conditions. The value of the Environmental Conditions for purposes of Section 5.3.3 shall be the Buyer=s estimated amount of all costs and Claims associated with the existence, remediation or correction of the Environmental Conditions.
Notice of Environmental Conditions. If Buyer determines that any of the Properties which are not operated by Buyer are subject to any Environmental Condition that has associated with it a Remediation Amount greater than Fifteen Thousand Dollars & No/100 ($15,000.00), then Buyer may deliver to Seller written notice of such Environmental Condition on or before the date December 13, 2017. Seller shall have the right, but not the obligation, to attempt to cure any asserted Environmental Condition prior to Closing.
