RFI Sites Sample Clauses

RFI Sites. Pursuant to its RCRA Permit, Seller is currently required to conduct a RCRA Facility Investigation ("RFI") with respect to the following portions of the Arkansas Facilities: the six Areas of Concern designated as numbers 1 through 6 on Table 1 (a copy of such Table 1 ("Table 1") is set forth on Schedule 8.18(a)) of that certain Phase I Environmental Assessment, dated April 2002 (the "Phase I Assessment"), prepared by Environ International Corporation (such six Areas of Concern, the "RFI Sites"). Depending upon the results of the RFI, Seller (or Buyer after Closing) may become required by ADEQ to undertake and complete certain corrective actions. Without limiting or waiving any defenses which Seller (or Buyer) has or may have to any position taken or requirement sought to be imposed by ADEQ (or any other Governmental or Regulatory Body), and without limiting any rights and claims it may have against any responsible third parties with respect thereto, and without admitting that it is liable therefor under applicable Environmental Laws, Seller covenants, at no cost to Buyer, (i) to cause the aforesaid RFI to be conducted as soon as reasonably practicable with respect to the <PAGE> 46 RFI Sites (and any adjacent location on the Arkansas Facilities that ADEQ requires to be included in the RFI if and to the extent ADEQ believes that Hazardous Material contamination found at an RFI Site is physically connected to contamination at such other location) and in accordance with the provisions of the RCRA Permit as currently in effect and the requirements of ADEQ applicable to the RFI, and (ii) if as a result of such RFI, ADEQ finally determines that corrective action is required with respect to any of the RFI Sites, to cause a Corrective Measures Implementation Program to be completed with respect to each such RFI Site (and any adjacent location on the Arkansas Facilities if and to the extent it is determined, as a result of the RFI, that Hazardous Material contamination found at such RFI Site is physically connected to contamination at such other location) as soon as reasonably practicable, to the extent required by ADEQ (or any other Governmental or Regulatory Body that may succeed ADEQ with respect to matters identified in the relevant RFI). The obligations of Seller under this Section 8.18(a) shall be deemed to be satisfied with respect to an RFI Site, and Seller shall have no further obligations under this Section 8.18(a) with respect to such RFI Site, when eithe...
Sample 1
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Related to RFI Sites

  • Service Locations X.X. Xxxxxx maintains various operational/service centers and locations in the United States and foreign jurisdictions. The services provided under this Agreement may be provided from one or more such locations. X.X. Xxxxxx may change the operational/service centers and locations as it deems necessary or appropriate for its business concerns.

  • Site The Generating Facility is located on approximately 10 acres with an address of 0000 Xxxxx Xxxxxx Xxxxxx in Xxxxxx Tree, San Bernardino County in California. The centroid of the solar array is 34.1383°N, -116.2262°W. The site is dedicated to the Generating Facility use only.

  • Access to Property Borrower shall permit agents, representatives and employees of Lender to inspect the Property or any part thereof at reasonable hours upon reasonable advance notice.

  • Access to Properties and Records (a) CCE shall, and shall cause TPC to, afford to ETP and ETP’s accountants, counsel and representatives full reasonable access during normal business hours throughout the period prior to the Closing Date (or the earlier termination of this Agreement pursuant to Article VII hereof) to all of the properties, books, contracts, commitments and records (including all environmental studies, reports and other environmental records and all pipeline cost-of-service and rate-related studies, reports and records related to TPC and, during such period, shall furnish to ETP all information concerning the business, properties, Liabilities and personnel related to TPC as ETP may request, provided, however, that no investigation or receipt of information pursuant to this Section 5.2 shall affect any representation or warranty of CCE or the conditions to the obligations of ETP. To the extent not located at the offices or properties of TPC as of the Closing Date, as promptly as practicable thereafter, CCE shall deliver, or cause its appropriate Affiliates to deliver to ETP all of the books of accounts, minute books, record books and other records (including safety, health, environmental, maintenance and engineering records and drawings) pertaining to the business operations of TPC and all financial and accounting records related to TPC. Such delivery shall include all work papers, pleadings, testimony, exhibits, spread sheets, research, drafts, memoranda, correspondence and other documents related to the TPC Rate Case (“TPC Rate Case Work Product”). TPC Rate Case Work Product has been and will be prepared in contemplation of litigation, and the use of TPC Rate Case Work Product has been and will be under the control of TPC’s attorneys. Notwithstanding anything to the contrary contained in this Agreement, CCE shall not be obligated to provide to ETP any documents or records relating to litigation and regulatory matters in which TPC is involved to the extent that CCE reasonably believes such documents or records are subject to the attorney-client or other applicable privilege in circumstances in which TPC is not the sole client unless the parties entitled to such attorney-client or other applicable privilege shall consent thereto and enter into an appropriate joint defense agreement for the purpose of preservation of such attorney-client or other applicable privilege.

  • Maintaining Records; Access to Properties and Inspections Maintain all financial records in accordance with GAAP and permit any persons designated by the Administrative Agent or, upon the occurrence and during the continuance of an Event of Default, any Lender to visit and inspect the financial records and the properties of the Borrower or any of the Subsidiaries at reasonable times, upon reasonable prior notice to the Borrower, and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any persons designated by the Administrative Agent or, upon the occurrence and during the continuance of an Event of Default, any Lender upon reasonable prior notice to the Borrower to discuss the affairs, finances and condition of the Borrower or any of the Subsidiaries with the officers thereof and independent accountants therefor (so long as the Borrower has the opportunity to participate in any such discussions with such accountants), in each case, subject to reasonable requirements of confidentiality, including requirements imposed by law or by contract.

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.

  • Customer Data Customer shall remain the sole and exclusive owner of all Customer Data and other Confidential Information (as hereinafter defined), regardless of whether such data is maintained on magnetic tape, magnetic disk, or any other storage or processing device. All such Customer Data and other Confidential Information shall, however, be subject to regulation and examination by the appropriate auditors and regulatory agencies to the same extent as if such information were on Customer's premises. "Customer Data" means any and all data and information of any kind or nature submitted to M&I by Customer, or received by M&I on behalf of Customer, in connection with the Services.

  • Review Systems; Personnel It will maintain business process management and/or other systems necessary to ensure that it can perform each Test and, on execution of this Agreement, will load each Test into these systems. The Asset Representations Reviewer will ensure that these systems allow for each Review Receivable and the related Review Materials to be individually tracked and stored as contemplated by this Agreement. The Asset Representations Reviewer will maintain adequate staff that is properly trained to conduct Reviews as required by this Agreement.

  • Prior Locations (a) Set forth in Schedule 3(a) is the information required by Schedule 2(a), Schedule 2(b) or Schedule 2(c) with respect to each location or place of business previously maintained by each Company at any time during the past four months.

  • USE OF THIRD PARTY SYSTEMS-LEVEL SOFTWARE State Street and the Fund acknowledge that in connection with the Data Access Services provided under this Addendum, the Fund will have access, through the Data Access Services, to Fund Data and to functions of State Street’s proprietary systems; provided, however that in no event will the Fund have direct access to any third party systems-level software that retrieves data for, stores data from, or otherwise supports the System.

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