Remediation Standard Sample Clauses

Remediation Standard. Crompton's obligation to perform Remediation and/or pay Remediation Costs at any of the OSi Premises shall be limited to the reasonable cost of work necessary to achieve the minimally acceptable Remediation criteria for industrial/commercial properties in the location where any of the OSi Premises is located, or if subject to a Third-Party Claim, the minimal work or actions necessary to resolve such a Claim. The issuance of a No Further Action Determination shall conclusively establish that 137 Crompton has met its obligations as provided in this Section 5A.5, except to the extent such No Further Action Determination is subject to any Environmental Re-openers. GE acknowledges that the completion of Remediation hereunder to industrial/commercial standards, and/or the attainment of a No Further Action Determination, may require engineering controls and institutional controls, including deed restrictions that may limit future use of any of the OSi Premises. GE agrees to accept and assist in obtaining such restrictions and controls as may be required by an Environmental Agency consistent with this Section 5A.5, and agrees that such restrictions and controls shall be binding on GE and any successor or assign of GE, PROVIDED, HOWEVER, that such restrictions and controls do not unreasonably impair the chemical manufacturing operations at any of the OSi Premises or have a material adverse effect on the value or salability of any of the OSi Premises as a site intended for similar industrial use.
Sample 1
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Remediation Standard. “Remediation Standard“ shall mean, with respect to environmental matters for which indemnity is provided herein and for which Remedial Action is required in connection with the resolution of such matter, the least stringent cleanup standard that: (i) is required under applicable Environmental Laws; (ii) complies in all material respects with any order or requirement of any applicable Governmental Authority consistent with the current property use and zoning for the property; (iii) where applicable, settles and resolves any related Asserted Liability for which the Seller Indemnifying Person is responsible under this Agreement, the resolution of which requires Remedial Action; (iv) reduces employee exposure to any Materials of Environmental Concern below applicable permissible exposure limits established by applicable Governmental Authorities; (v) with respect to Leased Real Property, satisfies the requirements in all material respects under the applicable lease agreement (as the environmental or other related provisions of such lease agreement are in effect as of the date hereof); (vi) does not unreasonably and materially interfere with continued commercial and business use, as the case may be, of the facility and its corresponding property (as such facility or property was in use on the Closing Date); and (vii) does not unreasonably expose Parent, the Surviving Corporation or any of their Subsidiaries to a risk of material liability to third parties as a result of the offsite migration of Materials of Environmental Concern. With respect to environmental matters for which indemnity is provided herein and for which Remedial Action is required in the resolution of such matters, the Remedial Action undertaken shall be to the extent necessary to achieve the Remediation Standard and each Remedial Action shall be performed using the then prevailing industry practice method of achieving such Remediation Standard. With respect to environmental matters for which indemnity is provided herein as a result of an inaccuracy in, or breach of any representation or warranty of the Company contained in Section 3.1(r) of this Agreement or in any certificate delivered by the Company in connection with Section 3.1(r) of this Agreement, in either case relating to a violation of any Environmental Law, Damages shall not include the capital cost of a new item of additional equipment or facility that is required by the applicable Governmental Authority after the Closing Date to prev...
Sample 1
Remediation Standard. Sellers' obligation to perform Remediation and pay Remediation Costs shall be limited, except with respect to natural resources damages for each Facility, to the reasonable cost of work necessary to achieve the Remediation criteria for industrial/commercial properties as determined by the applicable Environmental Agency in the jurisdiction in which such Facility is located, which may be evidenced by the issuance of a No Further Action Determination by the Environmental Agency having jurisdiction over the Facility. CIS and Buyers acknowledge that the completion of Remediation hereunder to industrial/commercial standards, and/or the attainment of a No Further Action Determination, may require engineering controls and institutional controls, including deed restrictions, that the applicable Environmental Agency determines are necessary in connection with the Remediation, and CIS and Buyers agree to provide Sellers with reasonable assistance in obtaining such controls and restrictions. CIS and Buyers agree to accept such restrictions and controls as may be approved by an Environmental Agency and agree that such restrictions and controls consistent with this Section 14.6(d) shall be binding on CIS and any successors or permitted assigns of CIS, provided, however, that such deed restrictions and/or engineering controls do not have a material adverse effect or unreasonably interfere with then- existing industrial/commercial site operations.
Sample 1
Remediation Standard. Sellers' obligation to perform Remediation and pay Remediation Costs shall be limited, except with respect to natural resources damages for each Facility, to the reasonable cost of work necessary to achieve the Remediation criteria for industrial/commercial properties as determined by the applicable Environmental Agency in the jurisdiction in which such Facility is located, which may be evidenced by the issuance of a No Further Action Determination by the Environmental Agency having jurisdiction over the Facility. Buyer acknowledges that the completion of Remediation hereunder to industrial/commercial standards, and/or the attainment of a No Further Action Determination, may require engineering controls and institutional controls, including deed restrictions, that the applicable Environmental Agency determines are necessary in connection with the Remediation. Buyer agrees to accept such restrictions and controls as may be approved by an Environmental Agency and agrees that such restrictions and controls consistent with this Section 3.2(d) shall be binding on Buyer and any successors or permitted assigns of Buyer.
Sample 1
Remediation Standard. 93 Representatives...............................................................................46
Sample 1
Remediation Standard. Remediation shall be completed consistent with the Environmental Remediation Requirements.
Sample 1

Related to Remediation Standard

  • Remediation The Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind, subject to any amendment, waiver or reauthorization thereof

  • Remedial Work If any investigation, site monitoring, containment, clean-up, Restoration or other remedial work (“Remedial Work”) is necessary to comply with any Hazardous Materials Law or order of any Governmental Authority that has or acquires jurisdiction over the Mortgaged Property or the use, operation or improvement of the Mortgaged Property, or is otherwise required by Lender as a consequence of any Prohibited Activity or Condition or to prevent the occurrence of a Prohibited Activity or Condition, Borrower will, by the earlier of (i) the applicable deadline required by Hazardous Materials Law, or (ii) 30 days after Notice from Lender demanding such action, begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and must in any event complete the work by the time required by applicable Hazardous Materials Law. If Borrower fails to begin on a timely basis or diligently prosecute any required Remedial Work, Lender may, at its option, cause the Remedial Work to be completed, in which case Borrower will reimburse Lender on demand for the cost of doing so. Any reimbursement due from Borrower to Lender will become part of the Indebtedness as provided in Section 9.02.

  • 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.

  • 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 Action A. If a represented individual has worked more than one thousand fifty (1,050) hours in the twelve (12) month period from the individual’s original date of hire, the represented individual may request remedial action from the State Human Resources Director in accordance with WAC 357-49. Following the Director’s review of the remedial action request, an individual may file exceptions to the Director’s decision in accordance with WAC 357.

  • Tenant Improvement Plans Any work proposed by Tenant (the “Tenant Improvements”) shall be subject to Landlord’s reasonable prior approval and shall be subject to the other terms and conditions of this Exhibit C; provided that it will be reasonable for Landlord to withhold its approval or consent (as and when applicable under this Exhibit C) if Landlord’s Mortgagee has not consented to the matter that is the subject of such approval or consent. All architectural, engineering and other design fees shall be paid by Tenant. Tenant shall use its architect, engineers and other design professionals, all of whom shall comply with any applicable licensing or governmental requirements of the City of Seattle and the State of Washington; Tenant’s architect shall be approved by Landlord (“Tenant’s Architect”), which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall also be entitled to receive a copy of the agreement between Tenant and Tenant’s Architect (the “Architect Agreement”). Tenant shall cause Tenant’s Architect to prepare a draft space plan (the “Space Plan”) for the Tenant Improvements and shall submit the proposed Space Plan to Landlord for the latter’s approval (not to be unreasonably withheld) in a time period to allow Tenant to timely complete its Tenant Improvements under this Lease. Landlord shall deliver to Tenant any written objections, questions or comments of Landlord with regard to the Space Plan within ten (10) business days of receipt; Landlord’s consent thereto shall be deemed given if not denied in writing within said ten (10) business day period. If Landlord denies its approval, it shall specify the reasons for doing so in detail. Tenant shall cause the Space Plan to be revised to address such written comments and shall resubmit said Space Plan to Landlord for approval. Such process shall continue until Landlord has approved the Space Plan. Tenant’s Architect shall then prepare working drawings and specifications for the Tenant Improvements, including architectural, structural, plumbing, mechanical, electrical, and fire protection drawings as required, suitable for permit application (the “Working Drawings”) and shall submit the proposed Working Drawings to Landlord for the latter’s approval in a time period to allow Tenant to timely complete its Tenant Improvements under this Lease. The Space Plan and Working Drawings shall be subject to Landlord’s approval, which Landlord agrees shall not be unreasonably withheld, conditioned, or delayed. Landlord shall not be deemed to have acted unreasonably if it withholds its approval thereof because, in Landlord’s reasonable opinion, the work, as described in any such item: (i) is likely to adversely affect Building Systems, the structure of the Building or the safety of the Building and/or their occupants; (ii) might impair Landlord’s ability to furnish services to Tenant or other tenants in the Building; (iii) would materially increase the cost of operating the Building; (iv) would violate any governmental laws, rules or ordinances (or interpretations thereof); (v) contains or uses hazardous or toxic materials or substances; (vi) would negatively affect the appearance of the Building; (vii) is reasonably likely to adversely affect another tenant’s premises; or (viii) is prohibited by any ground lease affecting the Building or any mortgage, trust deed or other instrument encumbering the Building. Landlord shall deliver to Tenant any written objections, questions or comments of Landlord with regard to the Working Drawings, within ten (10) business days of Landlord’s receipt of the Working Drawings; Landlord’s consent thereto shall be deemed given if not denied in writing within said ten (10) business day period. If Landlord denies its approval, it shall specify the reasons for doing so in detail. Tenant shall cause the Working Drawings to be revised to address such written comments and shall resubmit said Working Drawings to Landlord for approval. Landlord may, when approving the Tenant Improvement Plans, elect to require Tenant to remove any Non-Standard Improvements which are made to the Premises. If Landlord so elects, Tenant shall, at its own cost, restore the Premises to the condition designated by Landlord in its election, before the last day of the Term. Such process shall continue until both parties have approved the Working Drawings. Landlord’s approval of the Space Plan and/or the Working Drawings shall not be deemed any representation or warranty that the same comply with applicable codes.

  • Common Areas - Rules and Regulations Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations (“Rules and Regulations”) for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Building and the Project and their invitees. Lessee agrees to abide by and conform to all such Rules and Regulations, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessor shall not be responsible to Lessee for the non-compliance with said Rules and Regulations by other tenants of the Project.

  • Budget For Tenant Improvements A preliminary detailed breakdown by trade of the costs incurred or that will be incurred in connection with the design and construction of the Tenant Improvements is set forth on Schedule 3 attached hereto (the “Budget”). The Budget is based upon the TI Construction Drawings approved by Tenant and shall include a payment to Landlord of administrative rent (“Administrative Rent”) equal to 1.5% of the TI Costs, which Administrative Rent shall include, without limitation, all out-of-pocket costs, expenses and fees incurred by or on behalf of Landlord arising from, out of, or in connection with monitoring the construction of the Tenant Improvements and Changes, and shall be payable out of the TI Fund. Landlord shall provide Tenant with a final Budget promptly following approval of the TI Construction Drawings by Landlord and Tenant. The Budget shall be subject to Tenant’s review and approval which approval shall not be unreasonably withheld, conditioned or delayed by Tenant. Tenant shall have the right to approve any use of the contingency in the Budget by Landlord; provided, however, that, Tenant’s approval shall not be unreasonably withheld, conditioned or delayed, and the contingency shall not be available for use by Tenant for any Changes until all unforeseen conditions, changes to resulting from governmental agencies and the like have first been paid for out of the contingency.

  • Tenant’s Plans Tenant shall be solely responsible for the preparation of the final architectural, electrical and mechanical construction drawings, plans and specifications (called “Tenant’s Plans”) necessary to construct the Relocation Premises for Tenant’s occupancy, which plans shall be submitted to Landlord for approval by Landlord’s architect and engineers on or before June 1, 2012, and Tenant’s Plans shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the balance of the Building. Landlord’s architect and engineers shall respond to any plan submission by Tenant within five (5) Business Days after Landlord’s receipt thereof. In the event Landlord’s architect’s or engineers’ approval of Tenant’s Plans is withheld or conditioned (and such approval shall not be unreasonably withheld or conditioned), Landlord shall send written notification thereof to Tenant and include a reasonably detailed statement identifying the reasons for such refusal or condition, and Tenant shall have the plans revised by its architect to incorporate all reasonable objections and conditions presented by Landlord and shall resubmit such plans to Landlord within ten (10) days after receipt of Landlord’s notice of disapproval. Such process shall be followed until the plans shall have been approved by the Landlord’s architect and engineer without unreasonable objection or condition, except that after the initial five-(5)-Business-day period, any further submissions/resubmissions shall be made within three (3) Business Days. If Landlord fails to respond to submitted plans within the applicable period set forth above, then the September 10, 2012, date set forth in the table incorporated in Section III.A below shall be extended on a day-for-day basis for each day that any such failure continues. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Relocation Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility for such design. Tenant shall be solely responsible for the timely preparation and submission of all such Tenant Plans and for all elements of the design of such Tenant’s Plans and for all costs related thereto. (The word “architect” as used in this Section II (C) shall include an interior designer or space planner.)

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