Subsurface Sampling Sample Clauses

The Subsurface Sampling clause defines the rights and procedures for collecting samples from beneath the surface of a property, such as soil, groundwater, or rock. Typically, this clause outlines who may perform the sampling, the methods to be used, and any requirements for notice or restoration of the site after sampling activities. Its core function is to ensure that subsurface investigations are conducted in a controlled and authorized manner, thereby minimizing disputes and environmental impacts while facilitating necessary due diligence or compliance activities.
Subsurface Sampling. (a) It shall be a condition to Seller's obligations under Section 8.1(b) that neither Purchaser nor Company shall undertake any investigation that would involve subsurface sampling or excavation unless such investigation is (i) the result of a demand or claim by a governmental authority or other third party (other than an Affiliate of Purchaser or Company, or (ii) necessary to comply with the requirements of applicable Environmental Laws for industrial real property and carried out with Seller's consent, which shall not be unreasonably withheld; provided, however, that such prior consent of Seller need not be obtained if the delay required to do so would prevent Company from complying in a timely manner with applicable Environmental and Safety Requirements, provided that in such case Purchaser or Company shall notify Seller as soon as reasonably possible. (b) Notwithstanding anything to the contrary in 8.5(a), Purchaser or Company may conduct subsurface sampling or excavation (i) necessary for normal maintenance of existing structures and improvements currently existing at the Real Property or for the expansion of existing structures or construction of new structures on the Real Property; or (ii) required by a Subsequent Purchaser of the Owned Real Property or by a third party in contemplation of providing financing to Purchaser or Company secured by the Owned Real Property, in each case so long as the identity of the consulting firm conducting such sampling and the work plan for such sampling are provided to Seller sufficiently in advance of the commencement of work that Seller has a reasonable opportunity to comment, and Seller receives a copy of any data from such sampling.
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Subsurface Sampling. (a) Neither U.S. Purchaser, U.K. Purchaser nor Company shall undertake any investigation that would involve subsurface sampling or excavation unless such investigation is (i) the result of a demand (including the assertion of legal right to perform such investigation) or claim by a governmental authority or other third party other than an Affiliate of U.S. Purchaser, U.K. Purchaser or Company, or (ii) necessary to comply with the requirements of applicable Environmental and Safety Requirements for industrial real property. (b) Notwithstanding anything to the contrary in Section 8.5(a), U.S. Purchaser, U.K. Purchaser or Company may conduct subsurface sampling or excavation (i) necessary for normal maintenance of structures and improvements at the Real Property or for the expansion of structures or construction of new structures on the Real Property; or (ii) required by a Subsequent Purchaser of the Real Property or by a third party in contemplation of providing financing secured by the Real Property. (c) Sellers shall not have any responsibility for Damages under Section 8.1 that result from acts of Purchasers, Company or their respective Affiliates that are prohibited by Section 8.5(a).
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Related to Subsurface Sampling

  • Sampling The Licensee agrees that the Composition is purchased as a “Work Made for Hire” whereby the clearing of any sampled materials is the responsibility of Licensee.

  • Groundwater Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geologic formation or structure in which such water stands, flows, percolates, or otherwise moves.

  • Testing Landlord shall have the right to conduct annual tests of the Premises to determine whether any contamination of the Premises or the Project has occurred as a result of Tenant’s use. Tenant shall be required to pay the cost of such annual test of the Premises; provided, however, that if Tenant conducts its own tests of the Premises using third party contractors and test procedures acceptable to Landlord which tests are certified to Landlord, Landlord shall accept such tests in lieu of the annual tests to be paid for by Tenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Premises by Tenant or any Tenant Party. If contamination has occurred for which Tenant is liable under this Section 30, Tenant shall pay all costs to conduct such tests. If no such contamination is found, Landlord shall pay the costs of such tests (which shall not constitute an Operating Expense). Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with all Environmental Requirements. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Landlord may have against Tenant.

  • Subsurface Conditions Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work.

  • Studies The clinical, pre-clinical and other studies and tests conducted by or on behalf of or sponsored by the Company or its subsidiaries that are described or referred to in the Registration Statement, the Pricing Disclosure Package and the Prospectus were and, if still pending, are being conducted in accordance in all material respects with all statutes, laws, rules and regulations, as applicable (including, without limitation, those administered by the FDA or by any foreign, federal, state or local governmental or regulatory authority performing functions similar to those performed by the FDA). The descriptions of the results of such studies and tests that are described or referred to in the Registration Statement, the Pricing Disclosure Package and the Prospectus are accurate and complete in all material respects and fairly present the published data derived from such studies and tests, and each of the Company and its subsidiaries has no knowledge of other studies or tests the results of which are materially inconsistent with or otherwise call into question the results described or referred to in the Registration Statement, the Pricing Disclosure Package and the Prospectus. Except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, neither the Company nor its subsidiaries has received any notices or other correspondence from the FDA or any other foreign, federal, state or local governmental or regulatory authority performing functions similar to those performed by the FDA with respect to any ongoing clinical or pre-clinical studies or tests requiring the termination or suspension of such studies or tests. For the avoidance of doubt, the Company makes no representation or warranty that the results of any studies, tests or preclinical or clinical trials conducted by or on behalf of the Company will be sufficient to obtain governmental approval from the FDA or any foreign, state or local governmental body exercising comparable authority.