Remediation Activities. (a) Except as set forth in Section 7.09(b), from and after the Closing, Seller shall control all remedial actions and all negotiations with any Governmental Authority or any other Person in respect to all Environmental Claims that are subject to Seller’s indemnification obligations under Section 12.03 with counsel, consultants or contractors selected by Seller (to be reasonably acceptable to Purchaser), provided that Seller shall (i) keep Purchaser reasonably informed as to the status of the foregoing, (ii) promptly provide Purchaser with any material non-privileged related information, documentation and correspondence, and (iii) exercise reasonable best efforts to consult with Purchaser prior to exchanges of material information or material negotiations with any Person (Purchaser to make itself reasonably available and without unreasonable delay as to same). Such remedial actions and negotiations shall be performed in a commercially reasonable manner, including, to the extent allowed or authorized by applicable Environmental Law or the Governmental Authority having jurisdiction over a remedial action, the use of applicable commercial and/or industrial remediation standards and institutional controls. Seller agrees that, in conducting any remedial action or seeking a particular remedy or agreed remediation standard, it shall not unreasonably interfere with Purchaser’s business operations. Notwithstanding anything to the contrary contained herein, Seller shall not enter into any settlement or judgment, without Purchaser’s prior written consent, such consent not to be unreasonably withheld, that would encumber or impose on the Business or the Purchased Assets any restriction or condition that would materially and adversely affect the Purchaser or the Business. Purchaser may comment on Seller’s proposed remedial actions and may participate at its expense in any meetings or discussions with relevant Governmental Authorities, but Purchaser shall have no right to perform or participate in any aspect of any remedial actions performed or directed by Seller; provided, however, that Purchaser shall provide reasonable access to Seller and its environmental consultants to any property within the control of Purchaser that is subject to any remedial action obligation of Seller under this Agreement.
(b) Notwithstanding anything in Section 7.09(a), from and after the Closing, Purchaser shall control all remediation actions and all negotiations with any Governmental Author...
Remediation Activities. The Teacher Evaluation Form shall identify those areas needing remediation and/or improvement. The remediation called for generally reflects those traits rated unsatisfactory or problematic within the main body of the evaluation report. When a teacher is rated unsatisfactory and the related deficiencies are considered remedial, the evaluator, in consultation with the teacher and taking into account the teacher’s on-going professional responsibilities, including his or her regular teaching assignments, shall, within 30 school days of the evaluation, develop and institute a remediation plan designed to correct these deficiencies. The evaluee, a qualified evaluator and a consulting teacher will participate in the remediation process. When a teacher receives a rating of “Needs Improvement,” the evaluator, in consultation with the teacher and taking into account the teacher’s on-going professional responsibilities, including his or her regular teaching assignments, shall, within 30 school days after completion of the evaluation, develop a professional development plan directed to the areas that need improvement and any supports that the District will provide to address the areas identified as needing improvement. Teachers who complete a professional development plan shall receive a summative evaluation in each of the following two (2) school years.
Remediation Activities. 4.10.1 The Contractor, where required by a regulatory agency or at the direction of NYCDOT’s Authorized Representative, shall delineate the horizontal and vertical extent of contamination in all impacted media.
4.10.2 In the event that analytical data results confirm the need for remedial action, the Contractor shall submit to the NYCDOT Authorized Representative for approval, a proposed Remedial Action Plan (“RAP”) outlining all actions needed to remediate the Site. Where applicable, the Contractor shall also be responsible for obtaining NYSDEC approval. The RAP shall include a scaled drawing of the Site and the physical features as well as depictions and descriptions of all areas at the Site where remediation will occur. Included in the RAP shall be an estimate of the known and potential contamination; a description of the processes that will be used to treat the affected environmental media; the proposed storage and disposal of wastes; and a post-remediation confirmatory sampling plan.
4.10.3 The RAP shall reference both soil and groundwater cleanup standards as applicable. The remediation goal is the restoration of the environment to its pre- spill condition. If the remediation of the Site to its pre-spill condition is not achievable, then the cleanup standard must be approved by the NYCDOT’s Authorized Representative in accordance with the appropriate regulatory requirements and/or in collaboration with the appropriate regulatory agency(s).
4.10.4 The RAP shall include cost-estimates of all activities related to the remediation. The Contractor shall not commence Work until the RAP is approved by the NYCDOT Authorized Representative.
Remediation Activities. CENIT and CENIT Bank shall proceed with diligence to obtain (a) a closure letter from the Virginia Department of Environmental Quality regarding the soil contamination located at the Olney Property, and (b) certificates of asbestos removal with respect to the first and third floors of the Olney Property from the respective companies which performed the asbestos removal, all as contemplated in that certain Environmental Remediation and Indemnity Agreement between CENIT Bank and D&C, LLC, dated December 21, 1998. In addition, CENIT shall deliver to SouthTrust an estimate for the cost of removing the asbestos from the second floor of the Olney Property.
Remediation Activities. A. In the event that a teacher receives an unsatisfactory or need improvement rating in the teacher evaluation, every attempt will be made to assist and help the teacher to improve the areas of concern.
B. The Principal will be assisted by a consulting teacher. A consulting teacher is a teacher who has achieved an excellent rating from in his or her most recent evaluation. The local teacher's union will submit the names of five excellent teachers to the administration and school board. If no local union consulting teacher is available, the state will then provide the consulting teacher.
X. The Principal and the consulting teacher xxxx observe the teaching performance of a teacher with an unsatisfactory or need improvement rating. Both the Principal and consulting teacher will offer suggestions on ways to improve the areas of concern.
D. It is the responsibility of the school district to refer and pay for all professional development opportunities that are required for teachers who receive unsatisfactory or needs improvement ratings on their evaluation.
E. The regulations require that the remediation plan must be developed and initiated within 30 days from the date the unsatisfactory or need improvement evaluation is redacted to writing. The remediation period shall be 90 days.
F. The teacher shall be re-evaluated at the mid-point and end of the remediation period. Teachers who fail to complete a remediation plan with a rating of proficient or better shall be dismissed.
Remediation Activities. PDC agrees to use reasonable efforts to assure that development of the Property will occur in a manner that minimizes the need for the City to incur Remediation Costs (including negotiating that a transferee of PDC incur all but Incremental Environmental Costs with respect to the development of a Parcel), that remediation efforts will be undertaken in a cost effective manner, and that the risk of claims regarding the Environmental Condition of the Property will be minimized. PDC will consult with the City and obtain input from the City regarding efforts taken to assure that development occurs and to develop the Parcel in a manner that minimizes Remediation Costs and any planned remediation of an Environmental Condition and PDC agrees to make reasonable efforts to incorporate the City’s reasonable recommendations with regard thereto.
Remediation Activities. 53 Section 9.5 Exclusive Remedy...............................................................................56 Section 9.6
Remediation Activities. All remediation activities will comply with every section of the law. Name Date Time E = Excellent S = Satisfactory N= Needs Improvement U = Unsatisfactory INSTRUCTIONAL PERFORMANCE AND METHODOLOGY
1.1. Communicates expectations and concepts with the students
Remediation Activities. The Company shall continue with the remediation activities at its Methuen site as described in the Remedial Activity Measure reports submitted to the Massachusetts Department of Environmental Protection (the “Remediation Activities”) and shall use its commercially reasonable efforts to take, or cause to be taken, all actions, to complete as much of the Remediation Activities as reasonably practicable before the Effective Time. The Company shall timely advise Parent orally and in writing of any material developments with respect to the Remediation Activities that would result in any material change in the scope of the Remediation Activities or the Company’s related liability.
Remediation Activities. The remediation activities associated with the Property shall be divided into three categories, as follows:
(i) cap construction, which is defined as the construction of all buildings, parking lots, and other impermeable surfaces on the Property that will serve as caps for contaminated soil, in accordance with Buyer’s proposed development plan for the Property, a drawing of which is currently being prepared by Vierbicher (“Category (i) Activities”);
(ii) all remediation activities, excluding Category (i) Activities, described at pages 10-13 of the Remedial Action Report as the preferred alternative, or Alternative 2 – Hot Spot Soil Removal and Capping (“Category (ii) Activities”); and
(iii) any other remediation activities (excluding Category (i) and Category (ii) Activities), needed to satisfy all applicable legal requirements for redevelopment of the Property for residential use, and obtain a Conditional Case Closure determination from the Wisconsin Department of Natural Resources (“WDNR”), or any other agency with jurisdiction over the Conditions, stating that no further investigation, remediation or monitoring is necessary with respect to the Property (“Category (iii) Activities”). These three categories are hereinafter referred to collectively as “Remediation.” Buyer understands and agrees that the Conditional Case Closure determination issued by the WDNR, or any other agency with jurisdiction over the Conditions, may require listing of the Property on the state’s GIS database of sites with residual soil contamination and may require current and future owners of the Property to enter into a Cap Maintenance Agreement, which requires the owner to maintain all of the capped areas of the property, and properly manage and/or dispose of any contaminated soils that may be disturbed in the course of future use or development of the Property. Buyer hereby agrees to enter into such a Cap Maintenance Agreement with WDNR, or any other agency with jurisdiction over the Conditions, and maintain the caps for as long as it owns or controls the Property. Xxxxx further agrees that neither the GIS listing nor the Cap Maintenance Agreement shall have any effect on Buyer’s willingness to purchase the Property, or on the purchase price of the Property.
