Site Contamination. 14.3.1. If a Release or threatened Release of a Hazardous Substance or any Contamination relating to or arising from Virgin’s use or occupancy of the Facilities or the Ground occurs, Virgin will immediately notify the Authority by telephone and will send a written confirmation to the Authority no later than twenty four (24) hours after the Release or threatened Release has occurred. Such notice is required even if the Release is of a smaller amount than would require reporting under Environmental Law. In addition, Virgin will make all other notifications required under the Environmental Laws within the required time frame.
14.3.2. Virgin will immediately stabilize the site of the Release or threatened Release in a manner consistent with Best Management Practices and will notify the Authority when such stabilization is complete.
14.3.3. Within a reasonable time frame, Virgin and the Authority, in conjunction with a licensed environmental firm, will develop a remediation action plan (“Remediation Plan”) that complies with Environmental Law.
14.3.4. Once the Remediation Plan has received approval from Virgin, the Authority and any governmental body or court that is required to approve the Remediation Plan, Virgin will execute the Remediation Plan as soon as reasonably possible and will work expeditiously to remediate the Facilities at Virgin’s sole expense. Upon completion, Virgin will cause a Phase I environmental site assessment to be completed at Virgin’s expense (the “Post-Remediation ESA”). The Authority will approve completion of remediation when the Post-Remediation ESA or an update thereto reveals no environmental condition that is worse than the condition of the site at the time of Virgin’s beneficial occupancy of the Facilities, as determined with reference to the Phase I environmental site assessment required by the Development Agreement (referred to in the Development Agreement as the “Pre-Occupancy ESA”).
14.3.5. If Virgin fails to clean up, properly dispose of, remove, or repair any operation or condition that relates to a Hazardous Substance, Release, threatened Release, or violation of Environmental Law, or if Virgin fails timely to complete a Remediation Plan, the Authority may (but is not required to) take all steps it deems necessary to properly clean up, dispose of, remove, repair or remediate that condition or operation. Any such action on the part of the Authority will be at Virgin’s sole cost and expense, and Virgin will indemnify, pay ...
Site Contamination. Except as listed and described in Schedule 8.2, Seller has no knowledge that any Hazardous Substance is present at, on or under the Real Property or has been disposed of by Seller in such a manner as may require remediation under any Environmental Statute. No claims have been asserted or threatened against Seller relating to the presence or disposal of such Hazardous Substances. "Hazardous Substance" means any substance regulated under any federal, state, or local statute, regulation, ordinance, order, permit, or policy relating to environmental protection, environmental pollution, liability for environmental contamination, or protection of worker health and safety ("Environmental Statutes").
Site Contamination. (1) Lessee shall not permit contamination of the Property by hazardous substances during the term of this Agreement. Lessee shall, at all times during the term of this Agreement, cause hazardous substances to be handled on the Property in a manner which will not cause an undue risk of contamination of the Property.
(2) For purposes of this section, the term "contamination" shall mean the uncontained presence of hazardous substances at the Property, or arising from the Property, which may require remediation under any applicable law.
Site Contamination. Neither Landlord nor, to Landlord's knowledge, any other party, has discharged, released, leaked, spilled, emitted or disposed of any Hazardous Substance in, or over, or under, the Premises. No Hazardous Substance is present on, in, over, or under, or is migrating from such real property in such a manner as may require remediation under any Environmental Law or, to Landlord's knowledge, is present on, over or under any premises adjacent to the Premises.
Site Contamination. If a Release or threatened Release of a Hazardous Substance or any Contamination arising from EGX activities occurs, EGX will immediately notify the Authority by telephone and will send a written confirmation to the Authority no later than twenty four (24) hours after the Release or threatened Release has occurred. Such notice is required for any Release of greater than a reasonably de- minimis quantity or if notification of governmental agencies/bodies is required under Environmental Laws.
12.9.1. EGX will immediately stabilize the site of the Release or threatened Release in a manner consistent with Best Management Practices and will notify the Authority when such stabilization is complete.
12.9.2. If the Release requires reporting under Environmental Law, then EGX will timely make the required notification and notify the Authority that it has done so. In this event, EGX and the Authority, in conjunction with a licensed environmental firm, will develop a remediation action plan (“Remediation Plan”) that complies with Environmental Law.
12.9.3. Once the Remediation Plan has received approval from EGX, the Authority, and any governmental agency/body or court that is required to approve the Remediation Plan, EGX will execute the Remediation Plan as soon as reasonably possible and will work expeditiously to accomplish remediation at EGX’s sole expense. Upon completion, the Authority may request that EGX provide a Phase II environmental site assessment to be completed at EGX’s expense and in accordance with ASTM-E1903-11, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, or other assessment specified by the Authority (the “Post-Remediation ESA”).
12.9.4. If EGX fails to clean up, properly dispose of, remove, repair, or remediate any operation or condition that relates to a Hazardous Substance, Release, threatened Release, or violation of Environmental Law, or if EGX fails timely to complete a Remediation Plan, the Authority may (but is not required to) take all steps it deems necessary to properly clean up, dispose of, remove, repair or remediate that condition or operation. Any such action on the part of the Authority will be at EGX’s sole cost and expense, and EGX will, pursuant to Paragraph 12.11 and subject to Paragraph 13.11, indemnify, defend and hold harmless the Authority, and pay for or reimburse the Authority for any and all costs, including administrative overhead and legal fees, that the Authorit...
Site Contamination. (a) XXXX shall not cause or suffer contamination of the Terminal, provided, however, that nothing herein shall be deemed to create an obligation on the part of XXXX with respect to (i) contamination already existing before the applicable XXXX Possession Date; or (ii) contamination caused by PPC or PRPA or their respective agents, licensees, lessees or invitees (other than XXXX and Portside) after the applicable XXXX Possession Date. XXXX shall at all times handle hazardous substances and cause hazardous substances to be handled in a manner which will not cause an undue risk of contamination of the Terminal or the surrounding waters.
(b) For purposes of this Article X and the Agreement, the term "contamination" shall mean the uncontained presence of hazardous substances at the Terminal, or arising from the Terminal which may require remediation under any applicable law.
Site Contamination. (i) Mortgagor represents, to the best of its knowledge and reasonable belief, that there is no contamination on or in the Mortgaged Property. Mortgagor shall not permit contamination of Mortgaged Property by hazardous substances. Mortgagor shall, at all times cause hazardous substances to be handled on the Mortgaged Property in a manner which will not cause an undue risk of contamination of the Mortgaged Property.
(ii) For purposes of this section, the term "contamination" shall mean the uncontained presence of hazardous substances at the Mortgaged Property, or arising from the Mortgaged Property, which may require remediation under any applicable law.
Site Contamination. (i) To the best of Mortgagor's knowledge (after due inquiry and investigation), except as disclosed in writing to Lender concurrently herewith, Mortgagor represents and warrants the absence of contamination on or in the Mortgaged Property. Mortgagor shall not permit contamination of Mortgaged Property by hazardous substances. Mortgagor shall, at all times cause hazardous substances to be handled on the Premises in a manner which will not cause an undue risk of contamination of the Mortgaged Property.
(ii) For purposes of this section, the term "contamination" shall mean the uncontained presence of hazardous substances at the Premises, or arising from the Premises, which may require remediation under any applicable law.
Site Contamination. (i0 Landlord represents and warrants that, to the best of its knowledge, without inquiry and except as identified in the July 13, 1999 Phase II Environmental Site Assessment Report by Handex Environmental (the "Phase II"), there is no Contamination present at, on or under the Premises.
Site Contamination. 100 10.4 Other Hazardous or Toxic Material . . . . 101 10.5 Disposal and Removal of Waste . . . . . . . 101 10.6
