Settlement Statement A settlement statement setting forth the amounts paid by or on behalf of and/or credited to each of Purchaser and Seller pursuant to this Agreement;
Occupancy After Foreclosure Any sale of the Mortgaged Property or any part thereof will divest all right, title and interest of Mortgagor in and to the property sold. Subject to applicable law, any purchaser at a foreclosure sale will receive immediate possession of the property purchased. If Mortgagor retains possession of such property or any part thereof subsequent to such sale, Mortgagor will be considered a tenant at sufferance of the purchaser, and will, if Mortgagor remains in possession after demand to remove, be subject to eviction and removal, forcible or otherwise, with or without process of law.
Permanent Status An employee will attain permanent status in a job classification upon their successful completion of a probationary, trial service or transition review period.
Student Status Licensee must maintain status as a student registered at Cal Poly with a minimum of eight (8) Cal Poly quarter units or if a graduate student, four (4) units. Exception requests must be submitted in writing to University Housing for approval (or contact the Disability Resource Center if disability related) if Licensee falls below these minimums. Dropping below the minimum is not considered a standard for cancellation and will not release the Licensee from paying any housing-related fees. The University may, at its sole option and discretion, revoke this License in accordance with the provisions herein if the Licensee fails to enroll in the minimum units, or drops below the minimum unit requirement after the beginning of the academic fee period.
Preliminary Settlement Statement Seller and Buyer shall execute and deliver the Preliminary Settlement Statement.
Estimate The Engineer shall independently develop and report quantities necessary to construct the contract in standard State bid format at the specified milestones and Final PS&E submittals. The Engineer shall prepare each construction cost estimates using Estimator or any approved method. The estimate shall be provided at each milestone submittal or in DCIS format at the 95% and Final PS&E submittals per State’s District requirement.
Current Status Sacramento County recently adopted a revised American River Parkway Plan which includes specific policies related to implementing water flows protective of the lower American River ecosystem. The Parkway Plan serves as a guide for other local, state and federal agencies with authority within the American River Parkway under the Wild and Scenic Rivers Act and the Urban American River Parkway Preservation Act. Sacramento County, through the Water Forum, is in the process of preparing a draft environmental impact report to institute the FMS consistent with the American River Parkway Plan and the coequal goals of the Water Forum Agreement by entering into an operations agreement with Reclamation or by seeking to modify Reclamation’s Folsom Dam water right permits or other measures. Reclamation has been operating the Folsom and Nimbus Dams in accordance with the minimum release requirements of the FMS since 2006. In 2009, the National Marine Fisheries Service (NMFS) included the FMS flow, operational criteria, American River Group, and monitoring requirements in the Reasonable and Prudent Alternatives of the Biological Opinion (BO) for operating the CVP. The NMFS BO also called for an iterative temperature management planning process that is consistent with the water temperature objectives of the FMS. The Water Forum is currently investigating the potential for an improved Flow Standard for the lower American River that would provide increased protection of salmonid species and improved water supply reliability.
ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.
Stipulated Facts For purposes of this Agreement only, the following constitutes a summary of facts by the EPA and SCDHEC upon which this Agreement is based.
A. The DOE owns and operates the SRS. The SRS produces plutonium, tritium, and other special nuclear materials for national defense, for other governmental uses, and for civilian uses. The SRS is the nation's primary source of reactor-produced nuclear defense materials. Construction of the SRS began in 1951. The SRS is located near Aiken, South Carolina, and is approximately twenty-five (25) miles southeast of Augusta, Georgia. The SRS encompasses approximately three hundred (300) square miles.
B. In March 1979, the SRS discontinued operation of seven (7) chemical, metal, and pesticide disposal pits. In 1984, under the approval and supervision of the State of South Carolina, the SRS excavated these pits and removed contaminated material. Additional groundwater monitoring xxxxx were installed.
C. On December 19, 1979, pursuant to the State of South Carolina's regulations, the SRS notified the SCDHEC of SRS's hazardous waste management activities. The SRS submitted a copy of its notification to the EPA.
D. In August 1980, pursuant to Section 3010 of RCRA, 42 U.S.C. § 6910, the SRS notified EPA of SRS's hazardous waste management activities and submitted a copy of the notification to the SCDHEC.
E. On September 29, 1980, the SRS submitted "Part A" of its hazardous waste management permit application to the SCDHEC and EPA. Since that time, the SRS has modified its "Part A" to include new units or modifications to existing units. The SRS submitted "Part B" of its permit application on February 11, 1985.
F. In February 1984, the SRS began groundwater corrective/remedial action by the use of an air stripper at the SRS M-Area.
G. On May 8, 1984, the SRS prepared an assessment of its waste disposal sites and groundwater impacts (Technical Summary Groundwater Quality Protection Program at Savannah River Plant).
H. On May 31, 1984, the DOE notified the EPA of potential CERCLA sites at DOE facilities, including the SRS.
I. On January 7, 1987, the SRS submitted to EPA a document entitled, "Waste Management Units - Savannah River Plant," which contained a listing of solid waste management units (SWMUs) on the SRS. The SWMUs list is revised annually and provided to EPA and SCDHEC.
J. On September 30, 1987, the SCDHEC and EPA issued a RCRA permit for the SRS. The Federal RCRA permit requires the SRS to initiate RFIs for listed SWMUs under the authority of RCRA Sections 3004(u) and (v). The State Hazardous Waste permit contains similar conditions under Section 44-56- 10, et seq., of the Hazardous Waste Management Act. The list of SWMUs was revised on May 30, 1990, to include a total of eighty-one (81) SWMUs.
K. On October 16, 1987, the SRS submitted to EPA draft Hazard Ranking System (HRS) scores and supporting information for sixty-six (66) potential sites on the SRS. On April 28, 1988, the SRS submitted to EPA its Preliminary Assessments for these sites.
L. In December 1987, the SRS published its final environmental impact statement (EIS), entitled, "Waste Management Activities for Groundwater Protection: Savannah River Plant; Aiken, South Carolina." The purpose of the EIS was to identify and select a waste management strategy for the treatment, storage, and disposal of hazardous, radioactive, and mixed wastes.
M. On May 2, 1988, the SRS submitted an RFI Program Plan to EPA and SCDHEC pursuant to its RCRA permit. On September 6, 1989, EPA conditionally approved the RFI Program Plan.
N. On July 14, 1989, EPA proposed the SRS for inclusion on the NPL at 40 CFR Part 300 (54 Federal Register 29820).
O. On November 21, 1989, EPA finalized the SRS on the NPL at 40 CFR Part 300 (54 Federal Register 48184), which became effective on December 21, 1989.
P. The SRS is engaged in the generation, treatment, storage, and disposal of hazardous wastes as defined in RCRA, 42 U.S.C. §§ 6901, et seq., and as defined in the HWMA, S.C. Code Xxx. §§ 44-56-10, et seq. (Supp 1988).
Q. The SRS releases, has released, and threatens to release hazardous substances, pollutants or contaminants into the environment, as defined in CERCLA, 42 U.S.C. §§ 9601, et seq.
R. Hazardous constituents, as defined by RCRA, and hazardous substances as defined by CERCLA, are present in the environment at the SRS.
Move-in; Inspection; Delay Before Resident may access or occupy the premises, any required installments or other payments then due (including any Administrative Fee, which is earned and payable upon mutual execution of this Agreement) must be paid in full with cleared funds and guaranty or prepayment requirements satisfied. The application fee (if any) is non-refundable and is not applicable toward any other payments required of Resident under this Agreement. Prior to Resident’s taking possession of the assigned bedroom space (and any re-assigned bedroom space), Resident will conduct an inspection of the assigned bedroom space and apartment and will note on the Check-In/Check-Out Inspection Report (“Inspection Report”) any defects, damage or other conditions observed, if not already identified by Owner on such report; upon completion and approval by Owner, the Inspection Report will become part of this Agreement. At the time of move-out, Resident is encouraged to inspect the bedroom space and apartment with Owner’s representative by making an appointment during business hours at least 48 hours in advance. Within three business days following Resident’s move-out (or, as applicable, following the move-out of all residents of an apartment) at the termination of this Agreement, or within a reasonable time if Resident moves out without notifying Owner, Owner will note the then-present condition of the assigned bedroom space and apartment, including all appliances and fixtures, and any damages incurred and/or extraordinary cleaning deemed necessary by Owner or extraordinary wear as determined by Owner. Resident will promptly pay all costs of restoring the bedroom space and apartment to the same condition upon move-in, less normal wear. Resident acknowledges that except as provided in the Inspection Report, each bedroom space and apartment are being delivered in "as-is" condition, and Resident’s acceptance of the assigned bedroom space and apartment at the beginning of the Term constitutes Resident’s acknowledgment that the bedroom space and apartment and all fixtures are in good repair and condition. Owner will not be responsible for any damages or consequences suffered by Resident as a result of Owner’s inability to timely deliver possession of the apartment or assigned bedroom space to Resident on the anticipated Start Date; in such event, the rent payable will be abated until Owner tenders possession and such delay will not extend or decrease the term or change the End Date. Resident acknowledges that any model apartment at the Property shown to Resident in person, online or through other means is intended to be representative of the general quality and type of construction and materials within apartments. Specific items of décor and furnishings and the actual colors, styles, materials, upholstery and other treatments in the apartment assigned to Resident may vary from those in the model apartment. The actual apartment assigned to Resident may also vary in approximate size, square footage and layout. Resident’s apartment will not include custom lighting, lamps, decorations, linens, unattached appliances or other personal property as may be shown in the model apartment.
