Use of Sites. 17.2.1 To the extent that adverse ground conditions not revealed by the Stock Condition Survey and/or Contamination exist in any parts of the Site as at Financial Close the Contractor shall not be responsible for them. If the Contractor is not responsible for such ground conditions and/or Contamination under this Clause 17.2.1 then the Authority shall be so responsible.
17.2.2 Where pursuant to Clause 17.2.1 the Authority is responsible for any of the matters referred to then the following provisions shall apply:
Use of Sites. Subject to existing third party easements, rights of way, or other third party property rights over the Sites, the Company shall not use, maintain, operate or occupy, or allow the use, maintenance, operation or occupancy of, any portion of the Project or either Site for any purpose (a) which may (i) constitute a public or private nuisance or (ii) make void, voidable, or cancelable, or materially increase the premium of, any insurance policies then in force with respect to all or a portion of the Project, or (b) that could reasonably be expected to have a Material Adverse Effect.
Use of Sites. Subject to the fee rights of the Offtakers and to existing third party easements, rights of way, or other third party property rights over the Sites, and only to the extent that Borrower has site control over the Sites: use, maintain, operate or occupy, or allow the use, maintenance, operation or occupancy of, any portion of the Projects or any Site for any purpose (a) which may (i) constitute a public or private nuisance or (ii) make void, voidable, or cancelable, or materially increase the premium of, any insurance policies then in force with respect to all or a portion of the Projects, or (b) that could reasonably be expected to have a Material Adverse Effect.
Use of Sites. 84 6.15 Assignment................................................................... 84 6.16 Accounts..................................................................... 84 6.17
Use of Sites. A. Subject to the conditions set forth in the Drilling Permit attached hereto and incorporated herein by reference as Exhibit C, during the Term of this Lease, the Sites shall be used by Tenant for the purpose of drilling, installing, removing, replacing, maintaining, repairing, modifying and operating, at its sole expense, the Xxxxx. Landlord hereby grants Tenant a license for ingress and egress to and from the Property twenty-four (24) hours per day, seven (7) days a week. Tenant acknowledges that the Landlord’s primary use of that portion of the San Xxxxxxx Creek, including the Well Sites, is as a nature preserve and agrees to utilize the least intrusive means of accessing and constructing the Xxxxx as is reasonably feasible as more particularly described in the “Well Cluster Construction Summary” included in Exhibit “B.” Access shall be over or along an existing unpaved access road (not maintained by Landlord) extending from the nearest public right-of-way, to the Sites and includes use of that road as a temporary staging area during drilling and maintenance operations.
B. All information collected by Tenant under this agreement relating to water conditions in the San Xxxxxxx Creek shall be shared with Landlord. Such data shall be submitted to Landlord in a summary report prepared by Tenant on a quarterly basis. Reports may be sent by email or other electronic methods.
Use of Sites. In carrying out the program, the Adminis- trator may arrange for the use of sites at which a response may be undertaken under section 9604 of this title for the purposes of carrying out research, testing, evaluation, de- velopment, and demonstration projects. Each such project shall be carried out under such terms and conditions as the Administrator shall require to assure the protection of human health and the environment and to as- sure adequate control by the Administrator of the research, testing, evaluation, develop- ment, and demonstration activities at the site.
Use of Sites. Neither Project Company shall use, or permit to be used, its Project Site for any purpose (a) which may constitute a public or private nuisance that could reasonably be expected to have a Material Adverse Effect, or (b) other than for the construction, operation and maintenance of its Project as contemplated by the Operative Documents.
Use of Sites. Pursuant to a final, non-appealable determination by a Governmental Authority, the Borrower shall cease to have the right to (i) possess and use the Sites and the Improvements for the purpose of owning, constructing, maintaining and operating the Project in the manner contemplated by the Transaction Documents, with respect to the Back-End Site and Back-End Project Facilities only, for a period of 30 consecutive days, or (ii) sell or otherwise dispose of any of its interest in the Sites or the Project other than as permitted by the Loan Documents.
Use of Sites. The Company is deemed, subject to Clauses 9.1 and 10.1:
9.4.1 to have inspected and examined the Sites and their surroundings and to have satisfied itself in relation to:
(a) means of access to and through the Sites, the possibility of interference by any person with such access and the times and methods of working necessary to prevent any nuisance whether public or private to any third party;
(b) the boundaries of the Sites;
(c) the rights exercisable over or in relation to the Sites;
(d) the information disclosed in the Information Room in respect of the Sites;
(e) the extent and nature of work and materials necessary for conducting and completing the Operations; and
(f) subject to Clause 23, the risks of interference by Protestors or others trespassing on the Sites;
9.4.2 in general to have obtained for itself all necessary information as to risks, contingencies and all other circumstances which may influence, delay or affect the Operations; and
9.4.3 subject to the provisions of Clauses 9A, 9B and 33.3A, to accept entire responsibility (including any financial or other consequences which result whether directly or indirectly) for ascertaining and dealing with the matters detailed in Clauses 9.4.1 and 9.4.2.
Use of Sites. The Contractor is deemed:
19.2.1 to have satisfied itself in relation to:
(A) means of access to and through the Sites, the possibility of interference by any person with such access and the times and methods of working necessary to prevent any nuisance whether public or private to any third party;
(B) the boundaries of the Sites;
(C) the rights exercisable over or in relation to the Sites;
(D) the Restrictions affecting the Sites;
(E) the ground conditions of the Sites; and
(F) the extent and nature of work and materials necessary for conducting and completing the Works; and
19.2.2 in general to have obtained for itself all necessary information as to risks, contingencies and all other circumstances which may influence, delay or affect the Works.
