Applicable Cleanup Standard definition

Applicable Cleanup Standard means in all cases the Nonresidential Statewide Health Standard promulgated under Act 2, unless the City, in its sole discretion, agrees to a less stringent “site specific standard” in a particular instance at a specific location.

Applicable Cleanup Standard is the least stringent standard for cleaning up or remediating Hazardous Substances that applies to the Real Property under the Environmental, Health and Safety Requirements and that is consistent with unrestricted industrial use of the Real Property for Buyer's industrial use. At the request of Sellers Buyer shall cooperate with Sellers in implementing restrictions on the use of the groundwater under the Real Property, for the purpose of reducing the cost of remediating the Real Property, provided such restrictions do not interfere with Buyer's activities on the Real Property. Sellers shall have no duty to indemnify any Person for any cost incurred solely to achieve compliance with any cleanup standard more stringent that the Applicable Cleanup Standard, including, without limitation, any standard applicable to property used for residential purposes. If Seller has a duty to indemnify any Person for the cost of performing any remediation, investigation or other measure regarding any Hazardous Substance, Seller may, at its option, perform such measures itself or reimburse Buyer for the cost of performing such measures; provided that Sellers shall have no such duty unless Target or Buyer shall have a legal duty under Environmental, Health and Safety Requirements to perform such investigation or remediation. Within 60 days after Sellers receive a claim for indemnification under this Section 8(c), Sellers shall notify Buyer of whether Sellers agree to indemnify Buyer and, if Sellers agree to do so, and the claim entails the performance of any investigation, remediation or other measures regarding Hazardous Substances, whether Sellers elect to perform such measures themselves or to reimburse Buyer for the costs of performing such measures. Notwithstanding the previous sentence, if delaying the performance of any investigation, remediation, or other measures during the aforementioned 60-day notice period would cause Buyer to be in violation of any Environmental, Health, and Safety Requirements, or would unreasonably interfere with Buyer's operations (including in the event that Hazardous Substances are discovered during construction activities) then Buyer may perform such measures itself before receiving notification of Sellers' election, without prejudicing or limiting any right that Buyer may have to indemnification for the cost of performing such measures. If Sellers choose to perform such measures themselves, Sellers shall diligently proceed to perform such ...

Examples of Applicable Cleanup Standard in a sentence

• Notwithstanding the foregoing, if any local, state or federal agency with jurisdiction over the Airport establishes a remediation plan or schedule to address any confirmed Release of Hazardous Substances at the Airport, such agency’s plan or schedule shall control, except to the extent it fails to return the Leased Property to the Applicable Cleanup Standard.

• If Airline fails to remove, transfer, close in place, or defer action, if applicable under Section 13.04.C.2, the Storage Tanks that must be removed under the terms of this Agreement, City may, after providing Airline the opportunity to cure such default pursuant to Section 13.12, remove or close in place if applicable, the same, at Airline’s expense, and take such other measures as required to Remediate any Contamination caused by such Storage Tanks to the Applicable Cleanup Standard.

• In the event of a conflict between the Airport Rules and Regulations and any provision of this Article 13 (including without limitation any Applicable Cleanup Standard), the provisions of this Article 13 shall govern.