Remedies for Environmental Defects. Subject to SM Energy’s continuing right to dispute the existence of an Environmental Defect or the Remediation Amount asserted with respect thereto and subject to the Individual Environmental Threshold and the Aggregate Deductible, in the event that any Environmental Defect timely asserted by Buyer in accordance with Section 7.1(a) is not waived in writing by Buyer or cured on or before Closing, SM Energy shall, at its sole option, elect to:
Appears in 6 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (SM Energy Co), Purchase and Sale Agreement (Oasis Petroleum Inc.)
Remedies for Environmental Defects. Subject to SM EnergySM’s continuing right to dispute the existence of an Environmental Defect or the Remediation Amount asserted with respect thereto and subject to the Individual Environmental Threshold and the Aggregate Deductible, in the event that any Environmental Defect timely asserted by Buyer Buyers in accordance with Section 7.1(a) is not waived in writing by Buyer Buyers or cured on or before Closing, SM Energy shall, at its sole option, the Parties shall mutually elect to:
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (SM Energy Co)
Remedies for Environmental Defects. Subject to SM Energy’s continuing right to dispute the existence of an Environmental Defect or the Remediation Amount asserted with respect thereto under clause (ii) below and subject to the Individual Environmental Threshold and the Aggregate DeductibleEnvironmental Deductible with respect to clauses (i) and (ii) below, in the event that any Environmental Defect timely asserted by Buyer in accordance with Section 7.1(a) is not waived in writing by Buyer or cured on or before Closing, SM Energy shall, at its sole option, shall by providing written notice to Buyer prior to the Closing elect to:
Appears in 1 contract
Remedies for Environmental Defects. Subject to SM Energy’s continuing right to dispute the existence of an Environmental Defect or the Remediation Amount asserted with respect thereto and subject to the Individual Environmental Threshold and the Aggregate Deductible, in the event that any Environmental Defect timely asserted by Buyer in accordance with Section 7.1(a) is not waived in writing by Buyer or cured on or before Closing, SM Energy shall, at its sole option, elect to:7.1
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (SM Energy Co)