Remedial Action Obligations Sample Clauses

Remedial Action Obligations. The right of one Party to step in to carry out remedial action obligations of the other Party are as follows: (a) If, within a reasonable time after discovery of Hazardous Materials or a Recognized Environmental Condition, taking into consideration the nature and extent of the contamination, the type and extent of remedial action required and the potential impact upon Developer’s schedule for use of and operations on the Project Right of Way, Developer has not undertaken remedial action required of it under Section 12.2.1, TxDOT may provide Developer with notice that it will undertake the remedial action itself. TxDOT thereafter may undertake action to remediate in compliance with a remediation plan approved by applicable Governmental Entities and in compliance with applicable Laws. Without limiting TxDOT’s role or responsibilities set forth in Section 12.2.4, Developer shall reimburse to TxDOT on a current basis the reasonable costs, including TxDOT’s Recoverable Costs, TxDOT incurs in carrying out such remediation plan. (b) If, within a reasonable time after discovery of Hazardous Materials or a Recognized Environmental Condition, taking into consideration the nature and extent of the contamination, the type and extent of remedial action required and the potential impact upon Developer’s schedule for use of and operations on the Project Right of Way, TxDOT has not undertaken remedial action required of it under Section 12.3.1, Developer may provide TxDOT with notice that it will undertake the remedial action itself. Developer thereafter may undertake action to remediate in compliance with a remediation plan approved by applicable Governmental Entities and in compliance with applicable Laws. TxDOT shall reimburse to Developer on a current basis the reasonable costs Developer incurs in carrying out such remediation plan. (c) Notwithstanding the foregoing, if either Party notifies the other that it desires to preserve claims against other potentially responsible parties, then the Party undertaking the remedial action shall take all commercially reasonable efforts to preserve such claims consistently with either the National Contingency Plan or comparable State regulations and standards; and a reasonable period of time for Developer or TxDOT, as the case may be, to perform the remedial work shall include a sufficient period for Developer or TxDOT, as the case may be, to comply with the National Contingency Plan or such comparable State regulations and standa...

Remedial Action Obligations. Pfizer's indemnification obligations under Section 8.1 hereof in respect of subsections (ii)(A) and (vi) of the definition of Excluded Environmental Liabilities is subject to the provisions of this 141 150

Remedial Action Obligations. Pfizer's indemnification obligations under Section 8.1 hereof in respect of subsections (ii)(A) and (vi) of the definition of Excluded Environmental Liabilities is subject to the provisions of this Section 8.11. Pfizer shall be responsible for the commercially reasonable and cost effective expenses of such Remedial Action conducted in conformance with applicable Environmental Law (or any amendment in effect at the time of the Remedial Action) and consistent with the industrial/commercial use of the Facility (including any agreements with third parties relating thereto) as of the Closing Date, or (consistent with any agreements with third parties in effect as of the Closing Date) a standard pursuant to applicable Environmental Laws acceptable at the time of Remedial Action to the relevant Governmental Authorities making a claim for Remedial Action (the "Applicable Remedial Action Standard"). Pfizer shall not be responsible for those additional costs incurred in connection with a Remedial Action to the extent such costs arise from or are exacerbated by actions of the Purchaser, including the initiation of Remedial Action after the Closing Date by the Purchaser or at the request of a third party in the absence of a requirement of Environmental 163 Law or an obligation under an agreement with a third party existing prior to the Closing Date.