Common use of Ongoing Remedial Work Clause in Contracts

Ongoing Remedial Work. (a) Unless otherwise agreed, Seller shall retain full responsibility for all costs, including capital, operating and maintenance costs, incurred in connection with (i) any investigation and monitoring of Environmental Conditions or (ii) any clean-up, remedial, removal or restoration work of those Environmental Conditions, either of which is ongoing on the Closing Date and that is required by any Governmental Authority with applicable jurisdiction because of the presence, suspected presence, release or suspected release of a Hazardous Substance in the air, soil, surface water, or groundwater on or emanating from the Property (hereinafter the "Ongoing Remedial Work"). The Ongoing Remedial Work is listed on the Disclosure Schedule. Any equipment associated with the Ongoing Remedial Work will remain the property of Seller. The performance of Ongoing Remedial Work will be by the Seller, in the name of the Seller. The Seller will obtain all necessary licenses, manifests, permits and approvals to perform such work. All Ongoing Remedial Work and the disposal of all waste generated by the Ongoing Remedial Work will be performed in accordance with all applicable Laws. (b) Buyer grants to Seller, at no cost to Seller, ingress, egress, access to the Subject Interest and use of the lands (including land farming activities) and utilities, including, but not limited to, electricity and water, as needed by Seller to complete any of the Ongoing Remedial Work described in this Section 13A.(1). Seller's responsibility for any Ongoing Remedial Work shall terminate upon Seller's receipt from the applicable Governmental Authority of one of the following: (i) concurrence in any form that remediation efforts are complete and the site may be closed; (ii) No Further Action Required Letter or a similar document issued by a Governmental Authority exercising jurisdiction over the Ongoing Remedial Work; (iii) concurrence with the results of Seller's risk based corrective action plan or (iv) regulatory concurrence that active remediation may be discontinued subject only to periodic monitoring. Seller will conduct all communications concerning Seller's remediation activities with all Governmental Authorities having jurisdiction. Seller will provide Buyer with copies of all correspondence with the applicable Governmental Authorities concerning Seller's Ongoing Remedial Work, but Buyer shall not communicate with the Governmental Authorities concerning Seller's Ongoing Remedial Work.

Ongoing Remedial Work. (a) Unless otherwise agreed, Seller shall retain full responsibility for all costs, including capital, operating and maintenance costs, incurred in connection with (i) any investigation and monitoring of Environmental Conditions or (ii) any clean-up, remedial, removal or restoration work of those Environmental Conditions, either of which is ongoing on the Closing Date and that is required by any Governmental Authority with applicable jurisdiction because of the presence, suspected presence, release or suspected release of a Hazardous Substance in the air, soil, surface water, or groundwater on or emanating from the Property (hereinafter the "Ongoing Remedial Work"). The Ongoing Remedial Work is listed on the Disclosure Schedule. Any equipment associated with the Ongoing Remedial Work will remain the property of Seller. The performance of Ongoing Remedial Work will be by the Seller, in the name of the Seller. The Seller will obtain all necessary licenses, manifests, permits and approvals to perform such work. All Ongoing Remedial Work and the disposal of all waste generated by the Ongoing Remedial Work will be performed in accordance with all applicable Laws. (b) Buyer grants to Seller, at no cost to Seller, ingress, egress, access to the Subject Interest Property and use of the lands (including land farming activities) and utilities, including, but not limited to, electricity and water, as needed by Seller to complete any of the Ongoing Remedial Work described in this Section 13A.(1). Article 11A. (a) Seller's responsibility for any Ongoing Remedial Work shall terminate upon Seller's receipt from the applicable Governmental Authority of one of the following: (i) concurrence in any form that remediation efforts are complete and the site may be closed; (ii) No Further Action Required Letter or a similar document issued by a Governmental Authority exercising jurisdiction over the Ongoing Remedial Work; (iii) concurrence with the results of Seller's risk based corrective action plan plan; or (iv) regulatory concurrence that active remediation may be discontinued subject only to periodic monitoring. Seller will conduct all communications concerning Seller's remediation activities with all Governmental Authorities having jurisdiction. Seller will provide Buyer with copies of all correspondence with the applicable Governmental Authorities concerning Seller's Ongoing Remedial Work, but Buyer shall not communicate with the Governmental Authorities concerning Seller's Ongoing Remedial Work. (c) Buyer shall notify Seller within seventy-two (72) hours of any release within 500 feet of any of Seller's Ongoing Remedial Work. If such a release occurs, Seller shall, at Seller's sole discretion and expense, have the right to be present during Buyer's release cleanup activities, take photographs, take notes or take soil samples. (d) Should Buyer have a reportable release that directly impacts or affects Seller's Ongoing Remedial Work at a site, then Seller will transfer to Buyer the net present value of the amount of money Seller's remediation consultants or personnel determine is reasonably required for the completion of such Ongoing Remedial Work at the site where Buyer's release occurred. Buyer shall thereupon assume full responsibility for the Ongoing Remedial Work at the specific site along with the remediation of Buyer's own release.

Ongoing Remedial Work. (a) Unless otherwise agreed, Seller shall retain full responsibility for all costs, including capital, operating and maintenance costs, incurred in connection with (i) any investigation and monitoring of Environmental Conditions or (ii) any clean-up, remedial, removal or restoration work of those Environmental Conditions, either of which is ongoing on the Closing Date and that is required by any Governmental Authority with applicable jurisdiction because of the presence, suspected presence, release or suspected release of a Hazardous Substance in the air, soil, surface water, or groundwater on or emanating from the Property (hereinafter the "“Ongoing Remedial Work"”). The Ongoing Remedial Work is listed on the Disclosure Schedule. Any equipment associated with the Ongoing Remedial Work will remain the property of Seller. The performance of Ongoing Remedial Work will be by the Seller, in the name of the Seller. The Seller will obtain all necessary licenses, manifests, permits and approvals to perform such work. All Ongoing Remedial Work and the disposal of all waste generated by the Ongoing Remedial Work will be performed in accordance with all applicable Laws. (b) Buyer grants to Seller, at no cost to Seller, ingress, egress, access to the Subject Interest Property and use of the lands (including land farming activities) and utilities, including, but not limited to, electricity and water, as needed by Seller to complete any of the Ongoing Remedial Work described in this Section 13A.(1). Seller's ’s responsibility for any Ongoing Remedial Work shall terminate upon Seller's ’s receipt from the applicable Governmental Authority of one of the following: (i) concurrence in any form that remediation efforts are complete and the site may be closed; (ii) No Further Action Required Letter or a similar document issued by a Governmental Authority exercising jurisdiction over the Ongoing Remedial Work; (iii) concurrence with the results of Seller's ’s risk based corrective action plan or (iv) regulatory concurrence that active remediation may be discontinued subject only to periodic monitoring. Seller will conduct all communications concerning Seller's ’s remediation activities with all Governmental Authorities having jurisdiction. Seller will provide Buyer with copies of all correspondence with the applicable Governmental Authorities concerning Seller's ’s Ongoing Remedial Work, but Buyer shall not communicate with the Governmental Authorities concerning Seller's ’s Ongoing Remedial Work. (c) Buyer shall notify Seller within seventy-two (72) hours of any release within 500 feet of any of Seller’s Ongoing Remedial Work. If such a release occurs, Seller shall, at Seller’s sole discretion and expense, have the right to be present during Buyer’s release cleanup activities, take photographs, take notes or take soil samples. (d) Should Buyer have a reportable release that directly impacts or affects Seller’s Ongoing Remedial Work at a site, then Seller will transfer to Buyer the net present value of the amount of money Seller’s remediation consultants or personnel determine is required for such Ongoing Remedial Work at the site where Buyer’s release occurred. Buyer shall thereupon assume full responsibility for the Ongoing Remedial Work at the specific site along with the remediation of Buyer’s own release.

Ongoing Remedial Work. (a) Unless otherwise agreed, Seller shall retain full responsibility for all costs, including capital, operating and maintenance costs, incurred in connection with (i) any investigation and monitoring of Environmental Conditions or (ii) any clean-up, remedial, removal or restoration work of those Environmental Conditions, either of which is ongoing on the Closing Date and that is required by any Governmental Authority with applicable jurisdiction because of the presence, suspected presence, release or suspected release of a Hazardous Substance in the air, soil, surface water, or groundwater on or emanating from the Property (hereinafter the "Ongoing Remedial Work"). The Ongoing Remedial Work is listed on the Disclosure Schedule. Any equipment associated with the Ongoing Remedial Work will remain the property of Seller. The performance of Ongoing Remedial Work will be by the Seller, in the name of the Seller. The Seller will obtain all necessary licenses, manifests, permits and approvals to perform such work. All Ongoing Remedial Work and the disposal of all waste generated by the Ongoing Remedial Work will be performed in accordance with all applicable Laws. (b) Buyer grants to Seller, at no cost to Seller, ingress, egress, access to the Subject Interest and use of the lands (including land farming activities) and utilities, including, but not limited to, electricity and water, as needed by Seller to complete any of the Ongoing Remedial Work described in this Section 13A.(1). Seller's responsibility for any Ongoing Remedial Work shall terminate upon Seller's receipt from the applicable Governmental Authority of one of the following: (i) concurrence in any form that remediation efforts are complete and the site may be closed; (ii) No Further Action Required Letter or a similar document issued by a Governmental Authority exercising jurisdiction over the Ongoing Remedial Work; (iii) concurrence with the results of Seller's risk based corrective action plan or (iv) regulatory concurrence that active remediation may be discontinued subject only to periodic monitoring. Seller will conduct all communications concerning Seller's remediation activities with all Governmental Authorities having jurisdiction. Seller will provide Buyer with copies of all correspondence with the applicable Governmental Authorities concerning Seller's Ongoing Remedial Work, but Buyer shall not communicate with the Governmental Authorities concerning Seller's Ongoing Remedial Work.