Potential Future Remediation Activities or Corrective Actions Sample Clauses

Potential Future Remediation Activities or Corrective Actions. NT Retail shall promptly notify SSA of any Newly Discovered SSA Retained Marketing Environmental Condition and shall act promptly to minimize the effects thereof. Nothing in this Article 5 shall be deemed to limit NT Retail from notifying the applicable Governmental Authorities to the extent it is required to do so under any applicable Environmental Law (in which event, NT Retail shall provide a copy of any such notice to SSA prior to submission to the applicable Governmental Authority and shall give reasonable consideration to any comments of SSA received by NT Retail prior to submitting such notice to the applicable Governmental Authority). Prior to the fifth anniversary of the Closing Date, NT Retail shall not perform any Environmental Testing unless such Environmental Testing is performed in connection with the construction, repair, maintenance, remodeling or demolition and rebuilding work on the Marketing Assets in the ordinary course of business of NT Retail, or is required to be undertaken (i) under any applicable Environmental Law, (ii) under any applicable Consent Decree, (iii) under any lawful Order of a Governmental Authority or (iv) by or on behalf of NT Retail in conducting the Marketing Business in the normal course as a Reasonable and Prudent Operator.
Sample 1
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Potential Future Remediation Activities or Corrective Actions. The Company shall use its commercially reasonable best efforts to (i) avoid taking actions that could reasonably be expected to result in the application or imposition of an Environmental Requirement at the sites set forth on Schedule 9.8(n) to the Marathon Asset Transfer and Contribution Agreement Disclosure Letter or Schedule 9.8(n) to the Ashland Asset Transfer and Contribution Agreement Disclosure Letter, taking into consideration the potential consequences of such Remediation Activities or correction, the magnitude of the potential liability and the operating history of the facility, but not taking into consideration the existence of any indemnity obligation pursuant to this Article IX, and (ii) minimize the scope of any such Remediation Activities or application or imposition. Subject to Section 9.8(g) and the final sentence of Section 9.8(j), in the event that the Company is required by an Environmental Requirement to undertake Remediation Activities or to correct an Environmental Violation at the sites set forth on Schedule 9.8(n) to the Marathon Asset Transfer and Contribution Agreement Disclosure Letter, then Marathon shall be obligated to indemnify the Company for any Marathon Environmental Losses incurred by the Company in connection therewith to the same extent as if such action were a Marathon Ongoing Remediation. Subject to Section 9.8(g) and the final sentence of Section 9.8(j), in the event that the Company is required by an Environmental Requirement to undertake Remediation Activities or to correct an Environmental Violation at the sites set forth on Schedule 9.8(n) to the Ashland Asset Transfer and Contribution Agreement Disclosure Letter, then Ashland shall be obligated to indemnify the Company for any Ashland Environmental Losses incurred by the Company in connection therewith to the same extent as if such action were an Ashland Ongoing Remediation. Notwithstanding the foregoing, in the event the Company has not used commercially reasonable best efforts to avoid, or minimize the scope of, such Remediation Activities or correction, Marathon or Ashland, as the case may be, will not be obligated to indemnify the Company for any Environmental Losses incurred by the Company or its subsidiaries in connection therewith.
Sample 1
Potential Future Remediation Activities or Corrective Actions. SPP Refining shall promptly notify MPC of any Newly Discovered MPC Retained Refinery Environmental Condition and shall act promptly to minimize the effects thereof. Nothing in this Article 5 shall be deemed to limit SPP Refining from notifying the applicable Governmental Authorities to the extent it is required to do so under any applicable Environmental Law (in which event, SPP Refining shall provide a copy of any such notice to MPC prior to submission to the applicable Governmental Authority and shall give reasonable consideration to any comments of MPC timely received by SPP Refining prior to submitting such notice to the applicable Governmental Authority). Prior to the fifth anniversary of the Closing Date, SPP Refining shall not perform any Environmental Testing unless such Environmental Testing is required to be undertaken (i) under any applicable Environmental Law, (ii) under any applicable Consent Decree, (iii) under any lawful Order of a Governmental Authority, (iv) by or on behalf of SPP Refining in conducting the Refinery Business in the normal course as a Reasonable and Prudent Operator or (v) in order to discharge the duty to minimize the effects of any Newly Discovered MPC Retained Refinery Environmental Condition under Section 5.3(a) or the duty to maintain the integrity of any caps and closed remediation sites under Section 5.3(b).
Sample 1

Related to Potential Future Remediation Activities or Corrective Actions

  • Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Environmental Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Environmental Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material.

  • Corrective Action The NAVITAIRE Account Manager shall monitor corrective action and report to the Executive Sponsors. In the event that Minimum System Availability Targets are not met during the Reporting Period, the NAVITAIRE Account Manager shall initiate corrective action during the subsequent Reporting Period. NAVITAIRE shall, at its own expense, use commercially reasonable efforts to correct the deficiency in order to meet future Minimum System Availability Targets.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Remedial Actions Each Party will notify the other Parties immediately, and promptly confirm such notice in writing, if it obtains information indicating that any Licensed Product may be subject to any recall, corrective action or other regulatory action with respect to such product taken by virtue of Applicable Law (a “Remedial Action”). The Parties will assist each other in gathering and evaluating such information as is necessary to determine the necessity of conducting a Remedial Action. Each Party shall, and shall ensure that its Affiliates and sublicensees will, maintain adequate records to permit the Parties to trace the manufacture, distribution and use (to the extent possible) of the Licensed Products. As between the Parties, ZAI shall have sole discretion with respect to any matters relating to any Remedial Action for the Licensed Product in the ZAI Territory and TESARO shall have sole discretion with respect to any matters relating to any Remedial Action for the Licensed Product in the TESARO Territory. In the event that a Party determines that any Remedial Action with respect to the Licensed Product in its Territory should be commenced, or if Remedial Action is required by any Regulatory Authority having jurisdiction over the matter in its Territory, such Party will control and coordinate all efforts necessary to conduct such Remedial Action and shall be responsible for all cost and expense of such Remedial Action in its territory.

  • Remedial Action In response to the presence of any Hazardous Materials on, under or about the Property, Borrower shall immediately take, at Borrower’s sole expense, all remedial action required by any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect to any Hazardous Materials Claims.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Remedial Actions Relating to Hazardous Materials Activities Borrower shall, in compliance with all applicable Environmental Laws, promptly undertake, and shall cause each of its Subsidiaries promptly to undertake, any and all investigations, studies, sampling, testing, abatement, cleanup, removal, remediation or other response actions necessary to remove, remediate, clean up or xxxxx any Hazardous Materials Activity on, under or about any Facility that is in violation of any Environmental Laws or that presents a material risk of giving rise to an Environmental Claim. If Borrower or any of its Subsidiaries undertakes any such action with respect to any Hazardous Materials, Borrower or such Subsidiary shall conduct and complete such action in compliance with all applicable Environmental Laws and in accordance with the policies, orders and directives of all federal, state and local Government Authorities except when, and only to the extent that, Borrower’s or such Subsidiary’s liability with respect to such Hazardous Materials Activity is being diligently contested in good faith and by appropriate proceedings by Borrower or such Subsidiary.

  • Corrective Action Plan Within fifteen (15) Business Days following the establishment of the Joint Remediation Committee, the Purchasers, in consultation with the Sellers, shall prepare and submit to the Joint Remediation Committee an initial draft of the Corrective Action Plan. The parties shall work in good faith through the Joint Remediation Committee to finalize the Corrective Action Plan within fifteen (15) Business Days of the Purchasers’ submission of the initial draft of the Correct Action Plan. At the end of such period, if the Sellers reasonably determine that the Corrective Action Plan proposed by the Purchasers (as may be modified over the course of such period) would not reasonably be expected to satisfactorily address the Major Default, then the Sellers may escalate the issue to the Head of Commercial Capital (or equivalent leader of any successor business unit) of the Seller Group and the Chief Executive Officer of the Bank Assets Purchaser (the “Senior Executives”) and the Senior Executives shall work collaboratively (including with the Joint Remediation Committee) to develop a mutually agreeable Corrective Action Plan within fifteen (15) Business Days.

  • HAZARDOUS MATERIALS DISCLOSURES 7.1 Does your company handle an aggregate of at least 500 pounds, 55 gallons or 200 cubic feet of hazardous material at any given time? Yes ( ) No ( )

  • Remediation If Tenant becomes aware of a violation of any Legal Requirement relating to any Hazardous Substance in, on, under or about the Leased Property or any adjacent property, or if Tenant, Landlord or the Leased Property becomes subject to any order of any federal, state or local agency to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property, Tenant shall immediately notify Landlord of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation. If Tenant fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Landlord shall have the right, but not the obligation, to carry out such action and to recover from Tenant all of Landlord’s costs and expenses incurred in connection therewith.

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