Additional Pollution definition
Examples of Additional Pollution in a sentence
Should GPC fail to comply with either the completion of the installation of the RTO within eighteen (18) months or the completion of the Additional Pollution Control Projects of $5 million within five (5) years from the Effective Date, subject to the Force Majeure provision, then GPC shall be subject to liquidated damages penalty of $1,000 per day (to be paid to the Community Fund) until such requirements are completed.
The Tenant within 10 days after demand by the Landlord must pay the Landlord the amount which is equal to the actual costs to the Landlord of a Further Audit performed under this Section 8.6 and of any Remedial Action which any Authority required the Landlord to take to the extent that the Further Audit confirmed Additional Pollution or the Remedial Action was in respect of Additional Pollution.
The Tenant within 10 days after demand by the Landlord must pay the Landlord the amount which is equal to the actual costs to the Landlord of a Further Audit performed under this paragraph 8.5 and of any Remedial Action which any Authority required the Landlord to take to the extent that the Further Audit confirmed Additional Pollution or the Remedial Action was in respect of Additional Pollution.
These Additional Pollution Control Projects shall be identified by GPC, in consultation with Class Counsel, following completion of an independent audit by an auditor with appropriate expertise to perform an audit of fugitive air emissions, and whose results and recommendations GPC shall consider in identifying Additional Pollution Control Projects to satisfy the five (5) million-dollar investment requirement of this Section.
In the event that GPC subsequently determines that one or more of the selected Additional Pollution Control Projects is not feasible, GPC shall substitute another project and provide notice to Class Counsel describing the project, estimating its cost and the pollution reductions or reduction efficiency it is expected to achieve, and the reasons for the change.
Following satisfaction of the requirements set forth in Section 10.1 regarding installation of the DH5 Dewatering Building RTO and the requirement set forth in Section 10.2 regarding implementation of $5 million of Additional Pollution Control Projects, but subject to Section 10.2.14 regarding the impact of Force Majeure on the Contingent Release, the Contingent Release in Section 13.6 shall automatically be in effect.
Within three (3) months following the receipt of Class Counsel’s comments on the preliminary list of proposed Additional Pollution Control Projects, or three (3) months following the date of a meeting to discuss the list if requested, GPC shall finalize the list of Additional Pollution Control Projects it will undertake to meet its obligations under this Section, providing reasons for any modifications to the preliminary list.
Within fourteen (14) Calendar Days, Class Counsel shall provide comments and suggestions on the preliminary list of proposed Additional Pollution Control Projects.
During any period when the Premises are not used for any of the Permitted Activities, the Major Repair Fund may be used by the Landlord for Major Repair Costs, environmental liabilities arising from Additional Pollution and other repair and maintenance costs during any period in which the Premises are required to be moth balled as set out in paragraph 3.8.
The Additional Pollution Control Projects, with a cost of no less than $5 million, shall be completed within five (5) years of the Effective Date, subject to Force Majeure.