O&M Plan. The applicable Borrowers shall cause to be prepared and delivered to Lender operations and maintenance programs (the "O&M PLANS") with respect to suspected asbestos, asbestos-containing materials, and/or mold located in certain Properties as set forth on Schedule 6.6 attached hereto, which conditions were disclosed in the applicable Environmental Reports for such Properties. Each applicable Borrower shall at all times implement and carry out the O&M Plan in accordance with its terms. Lender's requirement that the applicable Borrowers develop and comply with the O&M Plan shall not be deemed to constitute a waiver or modification of any covenants or agreements of the Borrowers or Guarantor with respect to Hazardous Material or Environmental Laws as set forth in the Environmental Indemnity.
O&M Plan. Each Borrower that is the owner of a Property set forth on SCHEDULE 5.7 shall cause to be prepared and delivered to Lender an operations and maintenance program (the "O&M PLANS") with respect to suspected asbestos, asbestos-containing materials, and/or mold located in its Property as set forth in the applicable Environmental Reports. Each Borrower shall at all times implement and carry out the O&M Plan in accordance with its terms. Lender's requirement that the Borrowers develop and comply with the O&M Plan shall not be deemed to constitute a waiver or modification of any covenants or agreements of the Borrowers or Guarantor with respect to Hazardous Material or Environmental Laws as set forth in the Environmental Indemnity.
O&M Plan. 9.4.1 Lessee shall continue to maintain after the Commencement Date, any operations and maintenance plans (a “Maintenance Program”) with respect to asbestos-containing materials (each, an “ACM”), consistent with “Guidelines for Controlling Asbestos-Containing Materials in Buildings” (USEPA, 1985) and any other applicable Environmental Laws, and each such Maintenance Program will remain in effect throughout the Term with respect to each such Facility.
O&M Plan. 9.4.1 With respect to each Facility identified on Schedule 9.4.1 hereto, Lessee shall institute, within ninety (90) days after the Commencement Date, an operations and maintenance plan (each a “Maintenance Program”) designed by an environmental consultant reasonably satisfactory to Lessor, with respect to asbestos-containing materials (each, an “ACM”), consistent with “Guidelines for Controlling Asbestos-Containing Materials in Buildings” (USEPA, 1985) and any other applicable Environmental Laws, and each such Maintenance Program will remain in effect throughout the Term with respect to each such Facility. In furtherance of the foregoing, Lessee shall inspect and maintain all ACMs on a regular basis and ensure that all ACMs shall be maintained in a condition that prevents exposure of residents to ACMs at all times. Without limiting the generality of the preceding sentence, Lessor may require (i) periodic notices or reports to Lessor in form, substance and at such intervals as Lessor may reasonably specify, (ii) a reasonable amendment to each such Maintenance Program to address changing circumstances, laws or other matters, (iii) at Lessee’s sole expense (provided, that Lessee shall not be required to pay for the same more than one (1) time in any twelve (12) month period unless an Event of Default shall have occurred and is then continuing), reasonable supplemental examination of the Leased Property by consultants specified by Lessor, and (iv) reasonable variation of any such Maintenance Program in response to the reports provided by any such consultants.
O&M Plan. The O&M Plan describes the requirements for inspecting, operating, and maintaining the RA. Respondents shall develop the O&M Plan in accordance with Guidance for Management of Superfund Remedies in Post Construction, OLEM 9200.3-105 (Feb. 2017). The O&M Plan must include the following additional requirements: Description of PS required to be met to implement the ROD; Description of activities to be performed: (i) to provide confidence that PS will be met; and (ii) to determine whether PS have been met; O&M Reporting. Description of records and reports that will be generated during O&M, such as daily operating logs, laboratory records, records of operating costs, reports regarding emergencies, personnel and maintenance records, monitoring reports, and monthly and annual reports to EPA and State agencies; Description of corrective action in case of systems failure, including:
(i) alternative procedures to prevent the release or threatened release of Waste Material which may endanger public health and the environment or may cause a failure to achieve PS; (ii) analysis of vulnerability and additional resource requirements should a failure occur; (iii) notification and reporting requirements should O&M systems fail or be in danger of imminent failure; and (iv) community notification requirements; and Description of corrective action to be implemented in the event that PS are not achieved; and a schedule for implementing these corrective actions.
O&M Plan. From the date hereof, Borrower shall implement and maintain an operation and maintenance plan, with respect to the 3040 Property and the 3050 Property, reasonably acceptable to Lender in all material respects.
O&M Plan. 2.3.1. The Operator shall prepare and submit to the Employer a detailed proposed operations, maintenance and management plan (substantially in form and substance set out in Schedule B (Form of O&M Plan)) for the execution of Services during the Operating Period (the “O&M Plan”). The Operator shall ensure that its proposed O&M Plan: (a) is consistent with the requirements of the Applicable Standards; and (b) accounts for coordination and the activities, operations and works of other Project Contractors in setting timelines for performance of the Services so as not to unreasonably interfere with, disrupt or delay the Project Contractor works, Project operations or the Services. Each O&M Plan shall show all relevant information in relation to the anticipated performance of the Services.
2.3.2. The Employer shall Notify the Operator, within ten (10) days of its receipt of the proposed O&M Plan, whether it: (a) accepts such O&M Plan; or (b) shall propose amendments to the same. In the event the Employer proposes amendments to the proposed O&M Plan, the Parties shall meet (within three (3) days of the Employer’s proposal of such amendments) to discuss such amendments and to mutually agree on the same.
2.3.3. The O&M Plan:
(a) submitted by the Operator to the Employer and approved by the Employer in terms of Section 2.3.2 without any amendments; or
(b) submitted by the Operator to the Employer, as amended by the amendments proposed by the Employer that are mutually agreed between the Parties in accordance with Section 2.3.2; shall be strictly complied with by the Operator for execution of the Services and the Operator shall commence and proceed with the implementation of the O&M Plan in accordance therewith.
2.3.4. Any alteration to the O&M Plan shall only be made by the Operator with the prior written approval to the Employer.
O&M Plan. The Borrowers shall cause the Mortgage Borrowers to, and the Jekyll Island Borrowers shall comply fully with the O&M Plans pursuant to the terms of the Mortgage Loan Agreement and this Loan Agreement.
O&M Plan. The NFA Letter includes an Operation and Maintenance Plan (“O&M Plan”). The term “O&M Plan” refers to the O&M Plan dated [Date]. The O&M Plan is attached hereto as Attachment [2] and is incorporated into this Agreement by reference.1 The O&M Plan is available for review as a public record with the NFA Letter for the Property, and a copy obtained by contacting the Records Management Officer at Ohio EPA’s [name] District Office, at [address / phone].
O&M Plan. The Borrower shall cause the Mortgage Borrowers to comply fully with the O&M Plans pursuant to the terms of each of the Mortgage Loan Agreements and this Loan Agreement.
