Required Remediation. (i) If the Permitted Xxxxxxx Phase II indicates that environmental conditions exist at the Xxxxxxx 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 0000-000-00, as amended, or risk-based commercial and industrial standards developed under OAC 0000-000-00, as amended, and risk- based commercial and industrial standards developed under OAC 0000-000-00, as amended, for complete exposure pathways not addressed under OAC 0000-000-00, as amended (the “Remediation Standards”); or (3) the presence of any friable asbestos, then, the Xxxxxxx 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.
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.
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.
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. Soil Remediation 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.
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.
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 xxxxx://xxx.xxx.xxx/sites/production/files/2020-12/documents/epatamperingpolicy- enforcementpolicyonvehicleandenginetampering.pdf). APPENDIX A: Compliance Plan to Avoid Illegal Tampering and Aftermarket Defeat Devices 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.
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.
