Common use of Remedies for Environmental Defects Clause in Contracts

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 is not cured on or before the Closing, and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defect, then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as agreed by the Parties.

Appears in 10 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 is not cured on or before the Closing, and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defect, then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as agreed by the Parties.

Appears in 5 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (NiMin Energy Corp.), Purchase and Sale Agreement (BreitBurn Energy Partners L.P.)

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 4.10 is not cured to Buyer’s reasonable satisfaction on or before the Closing, Closing and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have cannot agreed for Seller agree on an appropriate reduction to indemnify Buyer for the Environmental Defect, then the Purchase Price as a result thereof, then Buyer shall be reduced have the right to cause the Assets affected by the such Environmental Defect to be excluded from this Agreement with an appropriate reduction in the Purchase Price based upon the Allocated Value of such Environmental Defect as agreed by the Partiesexcluded Assets.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Lucas Energy, Inc.)

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 4.10 is not cured to Buyer’s reasonable satisfaction on or before the Closing, Closing and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have Sellers cannot agreed for Seller agree on an appropriate reduction to indemnify Buyer for the Environmental Defect, then the Purchase Price as a result thereof, then Buyer shall be reduced have the right to cause the Assets affected by the such Environmental Defect to be excluded from this Agreement with an appropriate reduction in the Purchase Price based upon the Allocated Value of such Environmental Defect as agreed by the Partiesexcluded Assets.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Everflow Eastern Partners Lp), Purchase and Sale Agreement (Everflow Eastern Partners Lp)

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 4.11 is not cured on or before the Closing, Closing and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defectpursuant to Section 4.10, then the Purchase Price shall be reduced reduced, subject to Section 4.13, by the Environmental Defect Value of such Environmental Defect as agreed by the PartiesParties acting reasonably.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Storm Cat Energy CORP)

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 4.10 is not cured to Buyer’s reasonable satisfaction on or before the Closing, and Seller has not elected to exclude the affected Assets from then except as otherwise provided in this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental DefectSection 4.11, then the Purchase Price shall be reduced reduced, subject to Section 4.12, by the Environmental Defect Value of such Environmental Defect as agreed by the PartiesParties acting reasonably.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Concho Resources Inc)

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Remedies for Environmental Defects. (a) If a)If any Environmental Defect described in a notice delivered in accordance with Section 4.03 4.03(a) is not cured on or before the Closing, and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defect, then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as agreed by the Parties.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Parsley Energy, Inc.)

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice an Environmental Defect Notice delivered in accordance with Section 4.03 is not cured on or before the Closing, and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defect, then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as and if agreed by the Parties.

Appears in 1 contract

Samples: Escrow Agreement (Ivanhoe Energy Inc)

Remedies for Environmental Defects. (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 is not cured to Buyer’s reasonable satisfaction on or before the Closing, and Seller neither Party has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller pursuant to indemnify Buyer for the Environmental DefectSubsection 4.04(b), then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as agreed by the PartiesParties and the Asset shall be transferred to Buyer at Closing without further claim against Seller, with respect to such Environmental Defect.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Callon Petroleum Co)

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