Phase I Environmental Site Assessment. Notwithstanding anything in the Agreement (including provisions of Article X of the Agreement), Seller shall indemnify Purchaser for any Identified Environmental Losses (the “Environmental Reimbursement”). The Environmental Reimbursement shall not be subject to, nor count towards, any limitation on liability or procedures or other provisions of Article X of the Agreement.
Phase I Environmental Site Assessment. Buyer may obtain Phase I Environmental Reports (prepared in accordance with ASTM standards) for the Real Property certified to Buyer and prepared by independent consultants approved by Buyer (“Real Property Phase I Reports”), the results of which shall be satisfactory to Buyer in its sole discretion, subject to the remainder of this Section 5.19.
Phase I Environmental Site Assessment. After the execution and delivery by BellSouth and User of an Entry and Testing Agreement for a Site User may perform a Phase I - environmental site assessment on the Property pertaining to such Site provided such Phase I - environmental site assessment does not involve any subsurface soils testing and further provided that User provides BellSouth with a complete written copy of the Phase I - environmental site assessment within ten (10) days of completion at no expense to BellSouth. Only with BellSouth's prior written consent and subject to BellSouth's supervision may User perform a Phase II - environmental site assessment on the Property.
Phase I Environmental Site Assessment. The Firm will prepare the PIESA report in accordance with American Society of Testing and Material (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate, E1527-13 Standard Practice for Environmental Site Assessments. The PIESA will also be performed in accordance with the U.S. Environmental Protection Agency’s All Appropriate Inquiry (AAI) standards amended in 2013. The preparation of the PIESA will consist of the following tasks: records review, interviews, site reconnaissance, and user-provided information.
Phase I Environmental Site Assessment. Lender shall have received a Phase I Environmental Site Assessment Report on all of the real estate, along with such further environmental review and audit reports as Lender requests (which may include Phase II reports), and letters by the firm preparing such environmental reports authorizing Lender to rely on such reports.
Phase I Environmental Site Assessment. In order to evaluate the Property and identify conditions indicative of releases and threatened releases of hazardous substances on, at, in or to the Property, URS will perform the ESA consistent with the terms and conditions of 40 C.F.R. Part 312 AAI regulation and ASTM Standard E1527-05(collectively, the “AAI Standards”) and will execute the following scope of work: □ Acquisition and Review of Data on Historical Uses of the Sites; □ Environmental Agency List Review; □ Site Reconnaissance; □ Interviews and User Provided Information; □ Contacts with Federal, State, and Local Environmental Agencies; and □ Data Analysis and Reporting. URS proposes to perform the Phase I ESA prior to commencement of the remaining tasks described below. URS estimates the cost for this Phase I ESA as $3,590.
Phase I Environmental Site Assessment. Conduct Phase I Environmental Site Assessment(s) for individual parcel tracts which will be purchased for the project. Individual parcels with different owners may be combined together into a single investigative and reporting effort if so desired. Phase I Environmental Site Assessments are only valid for 180 days, therefore if separate parcels will be purchased at separate times with a gap of 180 days or more, individual Phase I Environmental Site Assessments will occur. The scope of work will include: (1) a review of readily available historical topographic maps, fire insurance maps, soil maps, and aerial photographs, (2) interviews with the property owner or occupant, purchaser, and agency officials from the local health and fire departments, (3) searches of state and federal records databases, (4) a site inspection, and (5) completion of a report.
Phase I Environmental Site Assessment. (ESA) ------------------------------------------------
Phase I Environmental Site Assessment. All Appropriate Inquiries
1. The Phase I Environmental Site Assessment The Consultant must provide a Phase I Environmental Site Assessment (“Phase I ESA”) with respect to (a) hazardous substances under CERCLA, and (b) petroleum products or pollutants and contaminants that include petroleum. Where the Phase I ESA is part of a Brownfields Assessment and Characterization Grant awarded by the EPA under CERCLA 42 U.S.C. 9604 (k)(2)(B), or under any other Environmental Law (defined below) that replaces, substitutes or amends that program, then the report must also include within the scope of its investigation those other substances designated by the grant or the cooperative agreements, which may include controlled substances as defined in the Controlled Substances Act (21 U.S.C. 802). The Phase I ESA must be prepared in conformance with: the “All Appropriate Inquiries” or “AAI” Rule (40 C.F.R § 312) promulgated by the EPA, and the scope and limitations of the American Society of Testing Materials (ASTM) Standard E1527-05, as both the AAI Rule and ASTM E1527-05 may be amended or replaced.
2. Expanded Evaluation of Other Non-Scope Environmental Issues The Phase I ESA must contain an expanded evaluation of other appropriate environmental considerations identified in, but not within the scope of, ASTM E1527-05 (“non-scope considerations”). Non-scope considerations of particular concern to multifamily housing include those relating to asbestos or asbestos-containing materials, radon, lead-based paint, lead in drinking water, mold and unsatisfactory indoor air quality, wetlands and a compliance assessment. The Consultant must generally assess, based on experience, interviews and reasonably available information, whether any facility located on the Property complies with applicable federal, state and local laws, rules, regulations and/or governmental orders, and with applicable permitting and notice requirements (collectively, “Environmental Laws”). All environmental assessments relating to these non-scope considerations must be conducted: by environmental professionals as defined under ASTM E1527-05; in accordance with Environmental Laws; and employing good commercial and customary practices for conducting these types of environmental site assessments.
3. Phase I Environmental Site Assessment – Summary of Conclusions The Phase I ESA must include a section that, in conformance with ASTM 1527-05, either: clearly concludes that there are no Recognized Environmental Condi...
Phase I Environmental Site Assessment. Buyer will obtain a Phase I Environmental Site Assessment of the Property during the Investigation Period at Buyer’s sole cost and expense (“Environmental Report”).
