Soil Remediation Sample Clauses

Soil Remediation. 11.1 If this Agreement terminates in accordance with Clause ‎17, and pursuant to Clause 18.1(a), the Operator has required Blue Ocean to dismantle the Refinery Unit, following dismantling of the Refinery Unit, any soil remediation required to return the soil at the Refinery Unit Site to the condition it was in prior to the start of construction works as established pursuant to Clause ‎11.2 which is due to Blue Ocean’s acts, or those of its contractors or subcontractors (excluding the acts of the Operator, where the Operator is not acting in accordance with the Operating instructions) will be carried out by the Operator at Blue Ocean’s cost. Provided that the soil has been properly remediated to the Operator’s reasonable satisfaction, any subsequent environmental liability arising after the handover of the Refinery Unit Site to the Operator will henceforth be the Operator’s responsibility. 11.2 The Operator has provided Blue Ocean with an independent environmental report dated 19 May 2021 (the “First Soil Report”) declaring the current condition of the soil, based on a soil sampling exercise (a “Soil Sampling Exercise”) at the Refinery Unit Site. A second independent environmental report (the “Second Soil Report”), shall be taken on termination of this Agreement to confirm the state of the soil as against the First Soil Report and whether there is any contamination. If soil contamination is identified in the Second Soil Report, an additional independent environmental report (the “Third Soil Report”), also based on a Soil Sampling Exercise, shall be conducted once the soil remediation obligations pursuant to Clause ‎11.1 have been completed. The Third Soil Report shall be compared against the First Soil Report and used to determine whether the soil remediation obligations have been completed as required by Clause ‎11.1. The Operator shall commission the First Soil Report, the Soil Sampling Exercises, the Second Soil Report and the Third Soil Report at Blue Ocean’s cost. Such costs must be reasonably and properly incurred and shall be calculated on a pass-through basis with no additional xxxx up from the Operator. If the Second Soil Report shows that any further remediation is required, Blue Ocean shall procure this is done at its cost and to the Operator’s reasonable satisfaction. 11.3 Blue Ocean confirm that, as reflected in the First Soil Report, there is no need for there to be any piling or soil improvement works to be carried out on the Leased Premises ...
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Soil Remediation. This summer PEPÁḴEṈ HÁUTW̱ staff were approached by the Compost Education Centre to consider the possibilities of doing soil remediation at SṈIDȻEȽ, with the intention of ensuring the native plants growing at SṈIDȻEȽ are safe to use as foods and medicines. Xxxxxx Xxxxx, CEC Program Coordinator, came out to take some soil samples and discuss a potential plan for a low impact soil remediation strategy which can also offer educational opportunities for the W̱SÁNEĆ youth in our school programs as well as park visitors and volunteers. Xxxxxx has summarized these plans as follows (Dec 3 2020): The SṈIDȻEȽ samples show low levels of contamination from 6B. I used the process that Xxxxxxxx laid out for me, which was treating the plot like a grid and taking many samples from within that plot; I took samples from the grid in the shape of an X to cover as much area as possible within a reasonable amount of time. From there I mixed the samples together to homogenize them and then packaged up three from that homogenous mixture. The report shows levels discretely above CCME guidelines for Arsenic and Zinc in site
Soil Remediation. If in connection with the removal of the USTS any soil below or around the USTS is determined to be contaminated with levels of chemicals which are above reportable action levels of the TECQ (“Contaminated Soil”), Seller shall, cause the Contaminated Soil to be removed and remediated in accordance with the rules and regulations of the TECQ. At Closing, Buyer agrees to reimburse Seller one half of all costs paid and pay one half of any unpaid costs associated with the removal and remediation of any Contaminated Soil and the compliance with the rules and regulations of the TECQ.
Soil Remediation. We moved forward with the soil remediation research and planning with Compost Education Centre that we had planned in 2020. Xxxxxx Xxxxxx and Xxxxxxxx Xxxxxxxxx from the Compost Education Centre set up soil plots on sites 7a and 7b, conducted soil testing, and analyzed the results. They provided us with both the technical results of their work as well as a summary of what those results meant both in terms of soil contamination and safety protocols for our staff and volunteers (Appendices V-VII). In brief, there were low to moderate levels of lead, arsenic and zinc found in the soil plots on sites 7a & 7b. These levels are not dangerous for people working on these sites provided they are not inhaling or ingesting the soils, however we are cautious not to include very young children in the work on these sites as direct ingestion of soil could be harmful. Volunteers and staff were informed of this risk when we work on these sites; we have also included the statement of risk in our volunteer record book available every work day for anyone to review. At this time our best option for soil remediation is to add mulch on top of contaminated soils. We understand from our colleagues at CEC that this method will help to bind and dilute the heavy metals in the soils at SṈIDȻEȽ to prevent significant uptake by plants and support increased soil health in this area. We began mulching first around our planted species in autumn, using fish bark mulch purchased from Macnutt Ltd. This mulch was the closest available approximation to the soils of natural forest floor we could find.
Soil Remediation. Over the past year PEPÁḴEṈ HÁUTW̱ has been working with the Compost Education Centre to do soil remediation planning for the contaminated soils at SṈIDȻEȽ. Xxxxxx Xxxxx, CEC Executive Director, provided us with the technical reports from soil samples she took in 2020 (see Appendix V). Xxxxxxxx Xxxxxxxxx followed up with a summary of the report findings and a statement of risk for staff & volunteers to review and understand prior to working in the contaminated areas (Appendix VI & VII). Fortunately the levels of lead, arsenic and zinc are designated ‘low to moderate’, so the risk for youth and adults working on the affected sites is extremely low. We will not include young children in the work on these sites as they may actually ingest the soil, which could be harmful. As mentioned in section 3.2, we determined with CEC that adding a mulch layer to these sites was the most practical and cost effective method to remediate the soils at this time. We plan to continuously bring in the fish bark mulch over the course of the year and apply it in a thick layer across the sites (pending the impact statement from XX Xxxxx). CEC will be expanding the soil testing across SṈIDȻEȽ to determine the extent of the contamination across the area. Since SṈIDȻEȽ has always been a place where W̱SÁNEĆ people gather native plants as food and medicines, we are also interested in testing the fruits and harvestable parts of plants in the area to understand more about how soil contamination may be affecting these traditional resources.
Soil Remediation. Prior to Closing, GFI shall remediate the soil contamination on the Real Property resulting from compressor blowdown as described in the Phase I Environmental Audit.

Related to Soil 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.

  • 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.

  • Remediation The Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind.

  • Hazardous Materials; Remediation (a) If any 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 Borrower will cause, or direct the applicable Credit Party to 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 Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each 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) Borrower 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 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 Change. (c) If there is any conflict between this Section 6.10 and any environmental indemnity agreement which is a Financing Document, the environmental indemnity agreement shall govern and control.

  • 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.

  • 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.

  • Environmental, Health and Safety Matters (a) Comply in all material respects with all applicable Environmental Laws, including, without limitation, obtaining and complying with and maintaining any and all licenses, approvals, notifications, registrations or permits required by applicable Environmental Laws. For purposes of this Section 5.12(a), material noncompliance by the Company, any of its Subsidiaries or any tenant or subtenant, with any applicable Environmental Law shall be deemed not to constitute a breach of this covenant provided that, upon learning of any actual or suspected material noncompliance, the Company and the relevant Subsidiaries shall promptly undertake all reasonable efforts to achieve material compliance (or contest in good faith by appropriate proceedings the alleged violation or applicable Environmental Law at issue and (to the extent required by GAAP) provide on the books of the Company or any of its Subsidiaries, as the case may be, reserves in accordance with GAAP with respect thereto), and provided further that, in any case, such noncompliance, and any other noncompliance with applicable Environmental Law, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. (b) Promptly comply in all material respects with all lawful orders and directives of all Governmental Authorities regarding applicable Environmental Laws, except to the extent that the validity thereof is currently being contested in good faith by appropriate proceedings and (to the extent required by GAAP) reserves in accordance with GAAP with respect thereto have been provided on the books of the Company or any of its Subsidiaries, as the case may be. (c) Defend, indemnify and hold harmless the Administrative Agent and the Lenders, and their respective parents, subsidiaries, affiliates, employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way relating to the violation of, noncompliance with or liability under any Environmental Laws applicable to the Company or any of its Subsidiaries or any of their respective operations or properties, or any orders, requirements or demands of Governmental Authorities related thereto, including, without limitation, attorney’s and consultant’s fees, investigation and laboratory fees, response costs, court costs and litigation expenses, except to the extent that any of the foregoing arise out of the gross negligence or willful misconduct of (or, as determined pursuant to a claim initiated by the Company, breach in bad faith of its express obligations under the applicable Loan Documents by) the party seeking indemnification therefor, in each case, as determined by a final non-appealable judgment by a court of competent jurisdiction. This indemnity shall continue in full force and effect regardless of the termination of this Agreement.

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment.

  • Cleanup Awarded vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

  • Environmental and Safety Matters (a) The Company and its Subsidiaries have at all times complied in all material respects with all applicable Environmental and Safety Requirements, which compliance has included obtaining and complying in all material respects at all times with all material permits, licenses and other authorizations required pursuant to Environmental and Safety Requirements for the occupation of their facilities and the operation of their respective businesses. (b) Except as set forth in Section 4.27(b) of the Disclosure Schedule, since February 19, 2008, neither the Company nor any of its Subsidiaries has received any notice, report, order, or directive regarding any, and is not subject to any litigation, proceedings or order regarding any, actual or alleged violation of Environmental and Safety Requirements, or any liability or potential liability arising under Environmental and Safety Requirements, in effect prior to and as of the date of the applicable Closing, relating to the business, the Owned Real Property or Leased Real Property. (c) Except as set forth in Section 4.27(c) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled, released, or exposed any Person to, any substance (including without limitation any hazardous substance), owned or operated any property or facility which is or has been contaminated by any substance, so as to give rise to any current or future liabilities under any Environmental and Safety Requirements in effect at the time of such treatment, storage, disposal, transportation, handling, release or exposure. (d) Except as set forth in Section 4.27(d) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has assumed, undertaken, or provided any indemnity with respect to, any liability of any other Person relating to Environmental and Safety Requirements. (e) The Company has furnished to Investor true and correct copies of all environmental audits, reports, assessments and all other documents materially bearing on environmental, health or safety liabilities relating to the past or current operations or facilities of the Company and all of its Subsidiaries, in each case which are in its possession or under its reasonable control.

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