Remediation Activities Clause Samples

Remediation Activities. Sellers shall be solely responsible for, and shall pay all Environmental Costs associated with, remediating the Environmental Conditions identified during the Buyer's Further Investigations and/or Sellers' Further Investigations or the performance of Sellers' remediation at the Independence Site, the Branford Site and, if applicable, at the Northvale Site, in accordance with the Minimum Remediation Standards and the other terms and provisions of this Section 8.2. Except as otherwise provided in Section 8.2(e), Sellers shall have absolute control over all aspects of any remediation undertaken by Sellers. Sellers shall select and implement a remedy that, in addition to meeting the Minimum Remediation Standards, does not materially interfere with or disrupt Buyer's normal business activities at the Real Property. Sellers shall perform any investigation activities as required pursuant to this Section 8.2 in a manner that does not materially interfere with or disrupt Buyer's normal business activities at the Real Property. Sellers shall prepare a remediation plan within a reasonable time after receipt of Buyer's Further Investigation for each site, which plan shall contain a schedule that provides for the prompt completion of the remediation at each site. Upon completion of each plan for each site, Seller shall submit it to Buyer in advance of submitting it to any Governmental Authority. Buyer shall have the right to consult with Sellers, and comment on Sellers' remediation plans and remediation activities at Buyer's cost, provided that so long as Sellers have materially complied with their obligations under this Section 8.2, Sellers shall retain control over the preparation and implementation of the remediation plans and all remediation activities, and in its sole discretion, may accept or reject any comments or recommendations by Buyer. Buyer shall have the right to review, comment on, and observe Sellers' remediation activities at Buyer's cost, but Sellers shall retain control over Sellers' remediation activities, except as otherwise provided in Section 8.2(e). Sellers agree to provide to Buyer copies of all technical reports, studies, tests, documents or other materials in connection with Sellers' remediation activities in a timely manner. Buyer shall cooperate with and provide Seller with such access to the Independence Site and the Branford Site as Sellers deem necessary or desirable to conduct Sellers' Further Investigations and any remediation activitie...

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. 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. Nothing in this Section shall prevent adverse action if a teacher fails to successfully complete a professional development or remediation plan. 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. C. The Principal and the consulting teacher ▇▇▇▇ 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. 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. ▇. The Principal and the consulting teacher ▇▇▇▇ 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. Seller agrees to assume monetary responsibility for the remediation activities described below to the extent Buyer undertakes these activities after the Closing Date and provided such remediation activities are com- pleted in accordance with the remediation plans established by Buyer and agreed to by Seller as set forth below. Seller will reimburse Buyer for the costs and expenses incurred by Buyer (ex- cluding all compensation and benefit costs of Buyer's employees) in completing the following remedial actions: (i) 50% of the anticipated total cost of $275,000 of obtaining new operating permits and associated testing, up to a maximum of $137,500. (ii) 80% of the anticipated total cost of $400,000 of (i) removal of beryllium from interior wall areas and from overhead steel rafters and certain horizontal surfaces existing on the Closing Date at the Colorado Mill, and (ii) final closure of a disposal trench at the Colorado Mill, up to a maximum of $320,000 for the remediation activities set forth in this Section 7.2(b)(2).

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 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. ▇▇▇▇▇ 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.

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. Following the Execution Date and ---------------------- prior to the Close of Escrow, Seller shall continue to operate any soil and/or groundwater treatment systems operating at the Real Property and the Adjacent Property, if applicable. Prior to the Close of Escrow, Seller shall remove from the Real Property, transport and dispose of or otherwise lawfully manage all Hazardous Substances stored in containers on the Real Property. Seller shall also continue to perform such remediation at the Real Property as may be required by applicable Agencies.