Performance of Remediation Sample Clauses

Performance of Remediation. Seller, with the approval of Buyer (which shall not be unreasonably withheld), may have access to and use of the storage facilities, loading facilities, docks, rail sidings, and other plant equipment or facilities, and waste water treatment plants and similar waste treatment and disposal systems on the Asset in conjunction with any work performed pursuant to Schedule 13.08(b) for purposes such as the disposal of well development water and treated ground water, provided that (i) Seller's use of such facilities and systems shall not interfere with or disrupt Buyer's operations or Buyer's use of such facilities and systems (including by reducing the capacity needed for Buyer's use), (ii) Seller's use of such facilities and systems shall not violate any SH&E Laws or related Legal Requirements, (iii) Seller shall be responsible for, and Buyer shall fully cooperate in, obtaining all approvals required by any governmental bodies for such use and (iv) Seller shall promptly perform any remediation or repair any malfunction or impairment of performance of such facilities and systems to the extent resulting from Seller's use of such facilities and systems.
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Performance of Remediation. Seller's supervision and performance -------------------------- of Remediation pursuant to Section 6.5(a) shall be subject to the following: (i) Buyer shall approve and, at Buyer's option, oversee, supervise and perform any portion of a Remediation which would be impracticable to perform separately from other work already supervised and performed by Buyer; (ii) Buyer shall approve and, at Buyer's option, oversee, supervise and perform any repair, modification, replacement or rebuilding of any operations, equipment, fixtures, or facilities of Buyer; (iii) Buyer, may request such additions, alterations, changes or improvements to the work ("Enhancements"), and, except to the extent prohibited by a Governmental Body, Seller shall accept and perform such Enhancements, provided that all costs attributable to any Enhancements, including any additional costs associated with any delays caused by such Enhancements, shall be paid for by Buyer; (iv) Seller shall be responsible for any Environmental Losses arising in connection with Seller's supervision or performance of any Remediation, except to the extent attributed to negligence, willful misconduct or failure to comply with Laws by Buyer or a third party (other than Seller's employees, agents, contractors, subcontractors, representatives and invitees); (v) during any Remediation on the Property or contiguous to the Property, Seller shall be solely responsible for compliance by Seller's employees, agents, contractors, subcontractors, representatives and invitees with all Laws and professional standards applicable to its work; (vi) Seller shall require all Seller's employees, agents, contractors, subcontractors, representatives and invitees entering upon the Property to be bound by Buyer's reasonable terms and conditions for such persons entering such properties, notice of which shall be given by Buyer to Seller prior to the commencement of the Remediation or Enhancements to be performed by Seller; (vii) Seller shall protect Buyer from any claims for labor or materials furnished to or for the Property for work to be performed by Seller under Section 6.5(a), which claims may be secured by any mechanic's or materialman's lien against such property or an interest therein; (viii) except for the use of the joint waste water treatment facility, as set forth in Section 6.2(b) (viii), Seller, with the approval of Buyer (which shall not be unreasonably withheld), may have access to and use of the storage facilities, loading ...
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Performance of Remediation. 5.1 Responsibility to Direct Work. Sellers shall have primary responsibility for directing the performance of any Remediation for which they have greater than 50% of the monetary liability, in whole or in part, under this Agreement and shall retain all environmental consultants to perform the Remediation, and Buyer shall have primary responsibility for directing the performance of any Remediation for which it has 50% or more of the monetary liability, in whole or in part, under this Agreement, and shall retain all environmental consultants to perform the Remediation. All environmental consultants so retained shall be with competent, recognized consulting firms. The party directing the Remediation shall be the "Directing Party," and the other party shall be the "Other Party." The Directing Party shall review with the Other Party all material aspects of the proposed Remediation, as described below. The Directing Party shall provide the Other Party with a draft of any proposed Remedial Action workplan, investigation report, report regarding completed Remedial Action and other similar reports and shall provide the Other Party with an opportunity to review and comment upon the draft for a period of 30 days before it is submitted to an Environmental Agency. The Directing Party shall incorporate any reasonable revisions suggested by the Other Party if: (i) such revisions do not materially alter the cost or scope of the proposed Remediation, (ii) such revisions are necessary to comply with the terms hereof or Environmental Laws or (iii) if Buyer is the Other Party, such revisions are necessary for Buyer to operate the facilities in the ordinary course of business. The Directing Party shall promptly provide the Other Party with copies of all written communications between the Directing Party and any Environmental Agency concerning any Remediation. The Directing Party shall also provide the Other Party with notice of, and the Other Party shall be entitled to attend, any meetings with representatives of the Environmental Agency having jurisdiction over the Remediation or environmental consultants concerning the Remediation. Similarly, the Other Party (if it is the Buyer) shall advise the Directing Party of any matters relating to a Facility that may affect the Directing Party's ability to implement the Remediation. The Other Party and the Directing Party generally shall cooperate in good faith to develop a mutually satisfactory Remedial Action Plan which can be accom...
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Related to Performance of Remediation

  • Performance of Reviews The RIRs shall send a request for review to the Operator per email, where they shall specify the areas they request a review for. The Operator must comply with the request by providing the requested information within working days. The review may include an onsite inspection. In this case the RIRs and the Operator must agree on a specific date for the inspection to take place, which may not be later than sixty calendar days from the date of the request.

  • Performance of Replacements (a) Borrower shall make Replacements when required in order to keep the Property in condition and repair consistent with other similar properties in the same market segment in the metropolitan area in which the Property is located, and to keep the Property or any portion thereof from deteriorating. Borrower shall complete all Replacements in a good and workmanlike manner as soon as practicable following the commencement of making each such Replacement. (b) Lender reserves the right, at its option, to approve all contracts or work orders with materialmen, mechanics, suppliers, subcontractors, contractors or other parties providing labor or materials under contracts for an amount in excess of $100,000 in connection with the Replacements performed by Borrower. Upon Lender's request, Borrower shall assign any contract or subcontract to Lender. (c) In the event Lender determines in its reasonable discretion that any Replacement is not being performed in a workmanlike or timely manner or that any Replacement has not been completed in a workmanlike or timely manner, and such failure continues to exist for more than thirty (30) days after notice from Lender to Borrower, Lender shall have the option, upon ten (10) days notice to Borrower (except in the case of an emergency), to withhold disbursement for such unsatisfactory Replacement and to proceed under existing contracts or to contract with third parties to complete such Replacement and to apply the Replacement Reserve Fund toward the labor and materials necessary to complete such Replacement, and to exercise any and all other remedies available to Lender upon an Event of Default hereunder. (d) In order to facilitate Lender's completion or making of the Replacements pursuant to Section 7.3.3

  • PERFORMANCE OF DUTY 25.1 The Employer and the Union acknowledge that this Agreement provides, through the Grievance Procedure contained therein, for an orderly settlement of grievances or disputes which may arise between the parties. Accordingly, the parties agree that the public interest requires the uninterrupted performance of all University services and to this end pledge to prevent or eliminate any conduct contrary to that objective. Therefore, during the life of this Agreement there shall be no work stoppage or any other form of concerted job action by employees in the bargaining units, nor will the Union authorize or condone such activity in form. 25.2 Should the employees engage in any unauthorized concerted action, a Joint Labor/Management Committee shall immediately convene and shall continue to meet until the dispute is settled, and the employees involved shall immediately return to work and continue working. Any employee who refuses to perform his/her work may be subject to disciplinary action. 25.3 There will be no strike or lockout regarding any matters pertaining to the contents of this Agreement. 25.4 Any action of the Employer in closing the University during any unauthorized concerted action, riot, or civil disturbance for the protection of the institution, its property, or its employees shall not be deemed a lockout. 25.5 Employees covered by this Agreement who would engage in any prohibited activity as defined above shall be subject to disciplinary action by the Employer, including discharge.

  • Performance of the Work The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

  • Performance and Compliance with Collateral The Borrower will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

  • Performance by Agent If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Agent, promptly pay any amount reasonably expended by the Agent in such performance or attempted performance to the Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

  • Performance of Agreement Seller and its Affiliates shall have performed in all material respects all of their covenants, agreements and obligations required by this Agreement to be performed or complied with by them prior to or upon the Closing.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • Maintenance of REIT Status In the case of the Parent Guarantor, at all times, conduct its affairs and the affairs of its Subsidiaries in a manner so as to continue to qualify as a REIT for U.S. federal income tax purposes.

  • Performance of the Services In addition to the Common Articles, it is specified that:

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