Phase II Environmental Site Assessment Sample Clauses

Phase II Environmental Site Assessment. The Authority and the City agree that on or about the Effective Date a Phase II Environmental Site Assessment (the "Base Line Phase II") will be conducted by the Parties. The Base Line Phase II shall establish a base line for the environmental condition of the Leased Premises on the date thereof. The Parties shall sign the Phase II indicating their agreement that it accurately sets forth the environmental condition of the Leased Premises. One (1) year prior to the expiration of this Lease, if this Lease runs to the Lease Term or within one (1) year after this Lease is terminated by either party prior to term specified in Section 4 above, the Parties shall conduct a second Phase II Environmental Site Assessment (the "Termination Phase II"). The Authority shall compare the Base Line Phase II to the Termination Phase II to establish the increase in contamination caused by the City's activities. The City shall be responsible for any contamination of the Leased Premises occurring during City's tenancy whether or not due to the acts or omissions of the City, its officers, employees, business invitees, subtenants or assigns, and shall decontaminate and clean-up the Leased Premises at its own expense. The City shall document the clean-up or decontamination and provide to the Authority satisfactory evidence that the Leased Premises is no longer contaminated above the Base Line Phase II. The Leased Premises shall not be deemed to be decontaminated until the Authority so states in a written document to City. Any expense incurred by the Authority in clean-up or decontamination shall be paid by the City.
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Phase II Environmental Site Assessment. Based on the recommendations of the Phase I ESAs, RK&K will conduct Phase II ESAs, as necessary, on the three WMATA-owned properties: Square 3184 Lots 0822 (0.22-acres) and 0823 (0.37 acres) (on Chestnut Street NW) and Square 3187 Lot 0838 (0.42 acres) (Cedar Street NW). The following scope of work, per the DDOT Right-of-Way Manual, will be utilized to conduct the Phase II ESAs. It is understood that specific Phase II investigation of RECs requires completion of the Phase I ESAs. Therefore, the following scope of work and associated costs are an estimate and subject to refinement following completion of the Phase I ESAs and if a Phase II is warranted for any or all of the three properties. Planning documents for the field mobilization will include a health and safety plan (HASP) and a sampling and analyses plan (SAP). Once right-of-entry (XXX) agreement is confirmed, RK&K will mobilize to the Subject Property to mark out the proposed sampling locations and request a Miss Utility subsurface excavation clearance. A cleared Miss Utility ticket is required prior to the initiation of any subsurface activities. To assist in underground utility clearance, a geophysical investigation, consisting of a ground penetrating radar (GPR) survey will be conducted in the areas of the proposed soil boring locations. RK&K will prepare an SAP to guide the field crew in the collection, field screening, sample selection criteria, sample labeling, transport and analyses of the soil retained samples. The SAP will also establish quality assurance/quality control (QA/QC) procedures including sample equipment decontamination, chain-of-custody documentation, soil description/borehole logs, and utility clearance requirements. Based on the findings of the Phase I ESAs and conceptual use plans, RK&K proposes to install up to 24 soil borings via Geoprobe drilling technology or hand augering (depending on depth) at the three Subject Properties, specifically: • Ten borings on Square 3187 Lot 0838 • Eight borings on Square 3184 Lot 0823 • Six borings on Square 3184 Lot 0822 Boring locations/areas will be positioned to investigate specific identified RECs and biased to the anticipated “worst case” condition. In the absence of specific-location RECs (for example, a former UST) where the concern is general contaminated soil, boring locations will be selected a representative of the area of concern. Boring locations may be adjusted from the SAP locations due to findings identified during geophy...
Sample 1
Phase II Environmental Site Assessment. During the Environmental Site Assessment Period, subject to Section 9.2(b), Buyer may perform one or more Phase II Environmental Site Assessments in accordance with ASTM E 1903-97 Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process at one or more Designated Locations (a “Phase II Environmental Site Assessment”). Each such Phase II Environmental Site Assessment commissioned by Buyer shall be conducted at Buyer’s cost.
Sample 1
Phase II Environmental Site Assessment. The Phase I Environmental Site Assessment (ESA) previously conducted for the PROJECT identified recognized environmental concerns (RECs) within the proposed PROJECT limits. A Phase II ESA is recommended in order to provide information relative to identifying, defining, and evaluating property conditions associated with target analytes that may pose a risk during construction activities to human health or the environment, thereby giving rise to potential liability. The CONSULTANT proposes to retain Xxxxxx Environmental Engineering to conduct the Phase II ESA. The assessment shall be performed in general accordance with ASTM Standard E 1903-11, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process. A maximum of seven soil borings shall be advanced to approximately seven feet below the ground surface and the sampled soils and groundwater analyzed. A report shall be prepared detailing the field activities, presenting the analytical results, and providing professional interpretation and recommendations.
Sample 1
Phase II Environmental Site Assessment. The Reports with respect to the Properties contemplated in Section 4.9(a) shall have been completed and delivered to Buyer and Seller.
Sample 1
Phase II Environmental Site Assessment. Will be required if the findings from the Phase I ESA determine a likelihood of site contamination.
Sample 1
Phase II Environmental Site Assessment. ‌ At selected high priority xxxxxxxxxx properties, the Coalition will perform Phase II ESAs. Phase II ESAs will include the collection of environmental sampling data to 1) assess conditions, 2) evaluate risks to human health and the environment, 3) prepare for cleanup planning, and 4) facilitate property transfers and redevelopment. The Coalition anticipates conducting Phase II ESAs on up to 10 sites (7 at hazardous substance sites and 3 at petroleum sites) where the Phase I ESAs or other available information suggests that investigation is warranted. Phase II ESA activities are anticipated to include soil, groundwater, soil vapor, and regulated building materials sampling and analysis, and reporting. Site-Specific Sampling and Analysis Plans (SSSAPs) addressing each property where Phase II ESA work is anticipated will be submitted to EPA and in some cases the DEQ for review prior to initiating Phase II ESAs. EPA has certain requirements under the Endangered Species Act and National Historic Preservation Act (NHPA), which EPA must meet before giving approval for you to proceed with field work under the cooperative agreement. The Coalition will assist EPA in conducting this requirement by conducting the following: • Providing the location of the property being assessed; • identifying any threatened or endangered species or habitat that may be adversely affected by the project; • identifying any cultural resources that may be adversely affected by the project; • conferring with State Historic Preservation officer regarding cultural resource affects, if any; and • consulting with Tribes regarding cultural resource affects, if any. A Master Programmatic Quality Assurance Project Plan (QAPP) will be prepared and submitted to EPA and DEQ for review and concurrence before any sampling is done. The Master QAPP will govern quality assurance and quality control for all project sampling, and will be referenced in each SSSAP prepared for the project. The Coalition also will have its Contractor prepare and follow an OSHA-compliant Health and Safety Plan (HASP). A copy of each HASP will be provided to the EPA Brownfields Project Manager for inclusion in the cooperative agreement file. MILESTONE/DELIVERABLE EST. COMPLETION DATES QAPP Completion (includes 6 weeks for EPA review) 3/15/21 Eligibility Determinations 12/1/20 through 8/1/23 SSSAPs 4/1/21 through 6/1/23 HASPs 4/1/21 through 6/1/23 Endangered Species Act and NHPA Deliverables 4/1/21 through 7/1/23 Phase II ESA R...
Sample 1
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Phase II Environmental Site Assessment. (a) To the extent necessary or advisable, as determined by DOE, the Borrower shall deliver, within sixty (60) days of request by DOE, a current Phase II Environmental Site Assessment, in form and substance satisfactory to DOE, covering the Real Property within each such Project Site and Building 270 (as applicable). (b) Without limiting Section 11.07 (Indemnification), the Borrower agrees to take all actions necessary or advisable pursuant to any Phase II Environmental Site Assessment.
Sample 1

Related to Phase II Environmental Site Assessment

  • Environmental Report (a) Buyer may cause to be prepared and delivered at its expense within 60 days after the date of this Agreement, a Phase I environmental report for the Real Property. Seller shall cooperate with Buyer and permit access to such Real Property during normal business hours in order for Buyer or its representatives to inspect such property and the related environmental records in the possession of Seller, as necessary for the preparation of the Phase I environmental report. Buyer shall deliver to Seller a copy of any such environmental report within five Business Days of receipt of such report by Buyer. If such environmental report discloses one or more adverse environmental conditions which require remediation under applicable Environmental Law, Seller shall assume full responsibility for remediation of each such environmental condition(s) to the extent required by applicable Environmental Law (the "Remediation") and shall bear all expenses incurred in connection therewith; provided, that Seller shall not be obligated to spend more than $200,000 in connection with the Remediation. Buyer shall give Seller notice confirming that Buyer has delivered to Seller all environmental reports to be prepared pursuant to this Section 7.5, and Seller shall notify Buyer within twenty Business Days after its receipt of such notice if Seller concludes, in its reasonable judgment, that it is or will be unable to complete the Remediation for $200,000 or less (the "Remediation Notice"). If Seller gives a Remediation Notice, then Buyer may terminate this Agreement pursuant to Section 10.1 (c)(vii) by notice to Seller given within five Business Days of the Remediation Notice; provided, that if within five Business Days after receipt by Seller of Buyer's notice of termination pursuant to Section 10. l(c)(vii), Seller gives notice to Buyer that Seller agrees to bear all costs of Remediation in excess of $200,000, such termination shall be void ab initio and this Agreement shall be deemed not to have been terminated. If Buyer does not terminate this Agreement pursuant to Section 10.1 (c)(vii) within such five Business Day period, (i) Buyer shall be deemed to have assumed all liabilities and obligations in connection with the Remediation as of the Closing Date, (ii) Buyer shall receive a credit at the Closing in the amount of $200,000 less the aggregate of all amounts paid by Seller to third parties in connection with the Remediation and (iii) after the Closing Date Seller shall have no obligation or liability with respect to the Remediation or otherwise in connection with any condition referred to in any report prepared and/or delivered pursuant to this Section 7.5. (b) If Seller concludes, in its reasonable judgment, that the cost of the Remediation will not exceed $200,000 or Seller agrees to bear any costs of Remediation in excess of $200,000, then Seller shall have the sole right to direct the Remediation; provided, that if Buyer agrees to bear any costs of Remediation in excess of $200,000, then from and after the Closing Buyer may assume responsibility for overseeing the Remediation. (c) In the event that Seller assumes full responsibility for the Remediation and such Remediation has not been completed prior to the Closing, then from and after the Closing and until Seller and Buyer shall have agreed that Remediation has been completed, Buyer shall cooperate with Seller and permit access to the Real Property to Seller and its representatives during normal business hours in order for the Remediation to be completed.

  • Environmental Compliance (a) No Loan Party or Restricted Subsidiary (i) has failed to comply in all material respects with applicable Environmental Law or to obtain, maintain or comply with any Environmental Permit, (ii) has become subject to any Environmental Liability, (iii) has received notice of any claim with respect to any material Environmental Liability or (iv) has a Responsible Officer with knowledge of any basis for any material Environmental Liability, except, in each case, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (i) None of the properties currently or formerly owned or operated by any Loan Party or Restricted Subsidiary is or was listed or, to the knowledge of any Responsible Officer was proposed for listing on the NPL or on the CERCLIS or any analogous state or local list at any time while such property was owned by such Loan Party or, to the knowledge of any Responsible Officer, at any time prior to or after such property was owned by such Loan Party, and, to the knowledge of any Responsible Officer, no property currently owned or operated by any Loan Party or Restricted Subsidiary is adjacent to any such property, in each case in connection with any matter for which any Loan Party or Restricted Subsidiary would have any material Environmental Liability; (ii) there are no, or, to the knowledge of any Responsible Officer, never have been any underground or above-ground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Materials are being or have been treated, stored or disposed on any property currently owned or operated by any Loan Party or Restricted Subsidiary in violation of any Environmental Laws or, to the knowledge of any Responsible Officer, on any property formerly owned or operated by any Loan Party or Restricted Subsidiary; (iii) there is no friable asbestos or friable asbestos-containing material on any property currently owned or operated by any Loan Party or Restricted Subsidiary; (iv) Hazardous Materials have not been Released, discharged or disposed of on any property currently or formerly owned or operated by any Loan Party or Restricted Subsidiary in violation of any Environmental Laws; and (v) to the knowledge of any Responsible Officer, there are no pending or threatened Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Loan Party or Restricted Subsidiary, and to the knowledge of any Responsible Officer, no actions by any Governmental Authority have been taken or are in process which would subject any of such properties or assets to such Liens, except, in the case of clauses (i) through (v) above, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (c) No Loan Party or Restricted Subsidiary is undertaking, and no Loan Party or Restricted Subsidiary has completed, either individually or together with other potentially responsible parties, any investigation or assessment or remedial or response action relating to any actual or threatened Release, discharge or disposal of Hazardous Materials at any site, location or operation, either voluntarily or pursuant to the order of any Governmental Authority or the requirements of any Environmental Law that has or would reasonably be expected to have a Material Adverse Effect; and all Hazardous Materials generated, used, treated, handled or stored at, or transported to or from, any property currently or formerly owned or operated by any Loan Party or Restricted Subsidiary have been disposed of in a manner not reasonably expected, individually or in the aggregate, to have a Material Adverse Effect.

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