Required Remediation Clause Samples

The Required Remediation clause obligates a party to take corrective action when a deficiency, non-compliance, or problem is identified. Typically, this clause outlines the process for notifying the responsible party of the issue, sets a timeframe for remediation, and may specify standards or methods for resolving the problem. Its core practical function is to ensure that issues are addressed promptly and effectively, thereby maintaining compliance and minimizing potential disruptions or damages.
Required Remediation. (i) If the Permitted ▇▇▇▇▇▇▇ Phase II indicates that environmental conditions exist at the ▇▇▇▇▇▇▇ Facility that: (1) are in violation of any Environmental Laws or Environmental Permits; (2) exceed generic numerical standards established for applicable commercial and industrial exposures under OAC Rule ▇▇▇▇-▇▇▇-▇▇, as amended, or risk-based commercial and industrial standards developed under OAC ▇▇▇▇-▇▇▇-▇▇, as amended, and risk- based commercial and industrial standards developed under OAC ▇▇▇▇-▇▇▇-▇▇, as amended, for complete exposure pathways not addressed under OAC ▇▇▇▇-▇▇▇-▇▇, as amended (the “Remediation Standards”); or (3) the presence of any friable asbestos, then, the ▇▇▇▇▇▇▇ Remediation, as herein defined, will be undertaken. It shall be assumed that any work required for the issuance of the NFA and CNS shall be deemed to be reasonable. (ii) Buyer agrees to solicit bids for the ▇▇▇▇▇▇▇ Remediation from several reputable and qualified consulting firms, and Buyer may select a Consultant to perform the ▇▇▇▇▇▇▇ Remediation based on consideration of various factors, including, but not limited to, cost, timing, experience, expertise, success in obtaining CNS, etc., the selection of which shall be subject to Sellers’ prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned (such approved Consultant, the “Remediation Consultant”). If Sellers fail to respond to Buyer’s notice of the scope and cost of the work, and selection of a Consultant to perform the ▇▇▇▇▇▇▇ Remediation within ten (10) Business Days, Sellers shall be deemed to approve of the scope and cost of the ▇▇▇▇▇▇▇ Remediation and Buyer’s selected Consultant. (iii) Buyer shall be permitted to engage the Remediation Consultant to address, remediate, ▇▇▇▇▇, or correct such violations or environmental conditions within the approved scope and budget: (1) to comply with Environmental Laws and/or Environmental Permits; (2) under the Voluntary Action Program created under Ohio Revised Code (“ORC”) Chapter 3746 and the rules adopted thereunder, as amended, to obtain a No Further Action Letter (the “NFA”) from the Certified Professional and a Covenant Not to ▇▇▇ (“CNS”) from Ohio EPA relating to such environmental conditions; and (3) remove any and all friable asbestos (individually or in the aggregate the “▇▇▇▇▇▇▇ Remediation”). (iv) After Sellers have approved the scope of the ▇▇▇▇▇▇▇ Remediation, associated budget, and the Remediation Consultant, or waived such...
View SourceView Similar (2)
Required Remediation. In addition to paying the monetary penalty, PSI PROformance, Incorporated must also: a) Cease and refrain from purchasing, selling, offering for sale, or installing any device that defeats, bypasses, or otherwise renders inoperative an emission component of any vehicle or engine regulated by the EPA; b) Cease and refrain from tampering with emission control systems on EPA-certified vehicles equipment and engines; and c) Acknowledge receipt of the Compliance Plan to Avoid Illegal Tampering and Aftermarket Defeat Devices, attached as Appendix A, with the goal of the Plan being to assist in maintaining continued compliance with the Act. Respondent shall also ensure that all staff receive a copy of the attached Compliance Plan. (Further information found in EPA's November 23, 2020 "EPA Tampering Policy - The EPA Enforcement Policy on Vehicle and Engine Tampering and Aftermarket Defeat Devices under the Clean Air Act" available at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/production/files/2020-12/documents/epatamperingpolicy- enforcementpolicyonvehicleandenginetampering.pdf). This document explains how to help ensure compliance with the Clean Air Act’s prohibitions on tampering and aftermarket defeat devices. The document specifies what the law prohibits, and sets forth two principles to follow in order to prevent violations.
View Source
Required Remediation. The Landlord is under no obligation to remediate contamination identified in an Environmental Site Assessment except as follows: the Landlord agrees to remediate, or have responsible parties remediate, the contamination identified in the Environmental Baseline if the Tenant or Landlord is required to remediate by an agency with such authority. In the event of such required remediation, the Landlord will make a reasonable effort to coordinate the remediation with the Tenant to minimize disruption of the Tenant’s operations and damage to the Tenant’s Improvements and property. The Tenant releases and holds the Landlord harmless for all costs associated with the damage to, relocation and removal of, and the repair of Tenant’s Improvements and property that result from this remediation.
View Source
Required Remediation. Borrower and the REIT shall make all necessary investigations and perform all required Remedial Action with respect to the environmental conditions set forth on Schedule 4.19 in order to bring the related Hotels into compliance with all applicable Environmental Laws and shall submit in writing to the Administrative Agent, within thirty (30) days of the Closing Date, its plan with respect to such Remedial Action (including the scheduled timing of such Remedial Action), which plan shall be subject to the reasonable satisfaction of the Majority Lenders. Notwithstanding anything to the contrary contained in this Agreement, for the purposes of calculating all Financial Covenants, the value of each such Hotel shall be reduced by the amounts set forth on Schedule 4.19 until such time as the required Remedial Action has been completed to the reasonable satisfaction of the Majority Lenders.
View Source
Required Remediation. The Lessor is under no obligation to remediate Contamination identified in an Environmental Assessment, except the Lessor shall remediate, or have responsible parties remediate, the Contamination identified in the Environmental Liability Baseline if an agency with such authority requires the Lessee or Lessor to remediate. In the event of such required remediation, the Lessor will make a reasonable effort to coordinate the remediation with the Lessee to minimize disruption of the Lessee's operations or activities and damage to the Lessee's improvements and property. The Lessee releases and holds the Lessor harmless for all costs associated with any damage to, and relocation, removal, and repair of Lessee's improvements and property that result from remediation performed in compliance with this paragraph with respect to Contamination that existed before construction of affected improvements.
View Source
Required Remediation. New Borrower will comply with all obligations under the Loan Agreement regarding the Required Remediation, as more fully set forth in Exhibit A of the Loan Agreement, subject to the availability of funds maintained by Lender in the Environmental Subaccount to reimburse New Borrower for the cost of the Required MIAMI 5057132.10 80265/47887 EXECUTION COPY Remediation, in the manner described in Section 3.14 of the Loan Agreement. The Required Remediation is expected to be completed by September 30, 2019; provided, however, New Borrower is not guarantying to Lender the completion of the Required Remediation by that date, and the failure to complete the Required Remediation by such date shall not give rise to a Default or Event of Default, so long as New Borrower is diligently pursuing the Required Remediation.
View Source
Required Remediation. Borrower shall promptly commence upon Closing and diligently pursue until regulatory closure is achieved the investigation and remediation of the Property, as set forth below. Perform all necessary soil investigation in the Remediation Area described in the May 13, 2015 Tetra Tech memorandum to Seaboard Properties. Conduct all necessary soil excavation as indicated by the soil investigations in the Remediation Area, properly transport and dispose contaminated soils off-site as indicated by the soil data, and backfill the excavation as necessary, all in compliance with CT DEEP regulations and requirements. Prepare and submit all required reports to document the work and the site conditions as required under the Transfer Act.
View Source

Related to Required Remediation

  • 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.

  • Incident Notice and Remediation If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Contractor can establish that none of Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Hazardous Materials; Remediation (a) If any material 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 Credit Party will 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 applicable Environmental Laws and Healthcare Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Credit Party shall comply in all material respects with each Environmental Law and Healthcare 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. (b) Credit Parties will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s reasonable business determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Effect.

  • Lessee Remediation Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.