Environmental Deed Restrictions definition

Environmental Deed Restrictions means the environmental covenants contained in substantially the same form as Paragraph G of the Grant Deed and Environmental Restriction and such other deed restrictions as may be required by the Interim Immunity Letter and the RWQCB.
Environmental Deed Restrictions. Landlord has provided copies of the Environmental Restriction to Tenant prior to Tenant’s execution of this Lease, and shall provide Tenant from time to time any future Environmental Deed Restrictions on the Property and any modifications thereto. As required under Section 3.03 of the Environmental Restriction, Landlord hereby notifies Tenant that a release of hazardous substances has come to be located on or beneath the Property. Landlord further advises Tenant that additional information regarding the remedial measures and undertaken and to be undertaken with respect to such release of hazardous substances on or beneath the Property is available from the administrative orders and reports described in the Environmental Restriction. Tenant shall not engage in any use of the Property nor any activity on or about the Property in violation of the Site Management Plan in effect as of the date of this Lease (a copy of which plan has been provided to Tenant) or of any modified or successor site management plan adopted from time to time by Landlord for the Property and delivered in written form by Landlord to Tenant, or in violation of any Environmental Deed Restrictions; provided, however, that Landlord will not modify any provisions of the current Site Management Plan or the current Environmental Restriction, or enter into any new Environmental Deed Restrictions or Site Management Plans, subsequent to the date of this Lease in any way that may further materially restrict or prohibit Tenant’s use of or activities on the Property absent Tenant’s prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed, unless such modifications are required by applicable governmental authorities. In the case of any such modifications required by applicable governmental authorities, Landlord and Tenant shall cooperate diligently and in good faith in the exercise of commercially reasonable efforts to try to eliminate or minimize any material adverse effect of such governmental requirements on the conduct of Tenant’s business on the Property. Landlord shall meet all requirements of the Site Management Plan and Environmental Deed Restrictions in connection with Landlord’s Work, including, without limitation, maintaining the soil cap subject to the requirements of any applicable Site Management Plan.
Environmental Deed Restrictions include, but is not limited to, the requirements to operate and maintain the groundwater protection, monitoring and extraction, Landfill Gas, landfill final cover, and other systems related to the Former Coyote Canyon Landfill performed by Tenant as part of this Lease, as more fully set forth herein.

Examples of Environmental Deed Restrictions in a sentence

  • In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership.

  • Developer shall ensure that the construction of the Developer Component shall be in accordance with the City and Responsible Agencies requirements, Approved RAP, and the Environmental Deed Restrictions.

  • Such precautions shall include compliance with the Environmental Deed Restrictions and the Governmental Requirements and the operations, maintenance and monitoring requirements set forth in the Operations, Maintenance and Monitoring Plan as evidenced by the Operation, Maintenance and Monitoring Plan, a memorandum of which will be recorded against the Site.

  • Such precautions shall include compliance with the Environmental Deed Restrictions and the Governmental Requirements.

  • Revisions to this plan will be proposed in writing to NYSDEC’s project manager.In accordance with the Environmental Deed Restrictions for the site, NYSDEC will provide a notice of any approved changes to the SMP, and append these notices to the SMP that is retained in its files.

  • In the event that Developer Transfers the Site (other than a Permitted Transfer pursuant to Sections 603.2(a), (b), (c), (d) and (f) of this Agreement), the transferring Developer and Guarantor shall be released from the obligations of this Agreement, Environmental Deed Restrictions and the Guaranty, respectively, arising subsequent to the effective date of such Transfer.

  • The Cronbach’s alphas indicate high level of internal consistency reliabilities for the total scale (α = .84) and for affective (α = .95) and for continuance commitment (α = .83) (See Appendix 3 for detailed factor analysis results).

  • Adherence to these Institutional Controls on the site is required by the Environmental Deed Restrictions and will be implemented under this Site Management Plan.

  • The carve-out will not be encumbered with Environmental Deed Restrictions upon conveyance.

  • Upon completion of the closure and subsequent transfer of the landfills to FMERA, Environmental Deed Restrictions will be recorded to delineate future use, maintenance, monitoring and reporting requirements.

Related to Environmental Deed Restrictions

  • Environmental Agreement means the Environmental Indemnification and Release Agreement of even date herewith by and between Borrower and Lender pertaining to the Property, as the same may from time to time be extended, amended, restated or otherwise modified.

  • Environmental Site Assessment means a Phase I environmental report meeting the requirements of the American Society for Testing and Materials, and, if in accordance with customary industry standards a reasonable lender would require it, a Phase II environmental report, each prepared by a licensed third party professional experienced in environmental matters.

  • Environmental Requirement means any Environmental Law, agreement or restriction, as the same now exists or may be changed or amended or come into effect in the future, which pertains to any Hazardous Material or the environment including ground or air or water or noise pollution or contamination, and underground or aboveground tanks.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Environmental Requirements means all Laws and requirements relating to human, health, safety or protection of the environment or to emissions, discharges, releases or threatened releases of pollutants, contaminants, or Hazardous Materials in the environment (including, without limitation, ambient air, surface water, ground water, land surface or subsurface strata), or otherwise relating to the treatment, storage, disposal, transport or handling of any Hazardous Materials.

  • Hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able:

  • Environmental Assessment means an assessment of the presence, storage or release of any hazardous or toxic substance, pollutant or contaminant with respect to the collateral securing a Shared-Loss Loan that has been fully or partially charged off.

  • Environmental Compliance Reserve means any reserve which the Agent establishes in its reasonable discretion after prior written notice to the Borrower from time to time for amounts that are reasonably likely to be expended by the Borrower in order for the Borrower and its operations and property (a) to comply with any notice from a Governmental Authority asserting material non-compliance with Environmental Laws, or (b) to correct any such material non-compliance identified in a report delivered to the Agent and the Lenders pursuant to Section 7.7.

  • Environmental Harm means serious or material environmental harm or environmental nuisance as defined in the Environmental Protection Xxx 0000 (Qld);

  • Environmental requirements means requirements imposed by applicable Federal, state, and local environmental laws and regulations, including, without limitation, statutes, ordinances, regulations, court orders, consent decrees, administrative orders, or compliance agreements including the Hanford Federal Facility Agreement and Consent Order, consent orders, permits, and licenses; and

  • Environmental Problem Property A Mortgaged Property or REO Property that is in violation of any environmental law, rule or regulation.

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Environmental Actions means any complaint, summons, citation, notice, directive, order, claim, litigation, investigation, judicial or administrative proceeding, judgment, letter, or other communication from any Governmental Authority, or any third party involving violations of Environmental Laws or releases of Hazardous Materials from (a) any assets, properties, or businesses of any Borrower or any predecessor in interest, (b) from adjoining properties or businesses, or (c) from or onto any facilities which received Hazardous Materials generated by any Borrower or any predecessor in interest.

  • Environmental Contamination means the introduction or presence of Hazardous Materials at such levels, quantities or location, or of such form or character, as to constitute a violation of federal, state or local laws or regulations, and present a material risk under federal, state or local laws and regulations that the Premises will not be available or usable for the purposes contemplated by this Agreement.

  • Environmental Hazard means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law.

  • Environmental and Safety Laws means any federal, state or local laws, ordinances, codes, regulations, rules, policies and orders that are intended to assure the protection of the environment, or that classify, regulate, call for the remediation of, require reporting with respect to, or list or define air, water, groundwater, solid waste, hazardous or toxic substances, materials, wastes, pollutants or contaminants, or which are intended to assure the safety of employees, workers or other persons, including the public.

  • Phase I Environmental Assessment A “Phase I assessment” as described in, and meeting the criteria of, the ASTM, plus a radon and asbestos inspection.

  • Environmental Report The environmental audit report or reports with respect to each Mortgaged Property delivered to the related Mortgage Loan Seller in connection with the origination or acquisition of the related Mortgage Loan.

  • Environmental Releases means releases as defined in CERCLA or under any applicable state or local environmental law or regulation.

  • hazardous properties include radioactive, toxic or explosive properties; “nuclear material” means source material, special nuclear material or byproduct material; “source material”, “special nuclear material”, and “byproduct material” have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; “spent fuel” means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; “waste” means any waste material (1) containing byproduct material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and (2) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility; “nuclear facility” means

  • Environmental Approvals means any permit, license, approval, ruling, variance, exemption or other authorization required under applicable Environmental Laws.

  • Environmental Violation means, with respect to the Property, any activity, occurrence or condition that violates or results in non-compliance with any Environmental Law.

  • Phase I Environmental Report means a report by an Independent Person who regularly conducts environmental site assessments in accordance with then current standards imposed by institutional commercial mortgage lenders and who has a reasonable amount of experience conducting such assessments.

  • Environmental and Safety Requirements means all federal, state, local and foreign statutes, regulations, ordinances and similar provisions having the force or effect of law, all judicial and administrative orders and determinations, all contractual obligations and all common law concerning public health and safety, worker health and safety and pollution or protection of the environment, including all such standards of conduct and bases of obligations relating to the presence, use, production, generation, handling, transport, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or by-products, asbestos, polychlorinated biphenyls (or PCBs), noise or radiation.

  • Environmental Action means any action, suit, demand, demand letter, claim, notice of non-compliance or violation, notice of liability or potential liability, investigation, proceeding, consent order or consent agreement relating in any way to any Environmental Law, Environmental Permit or Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment, including, without limitation, (a) by any governmental or regulatory authority for enforcement, cleanup, removal, response, remedial or other actions or damages and (b) by any governmental or regulatory authority or any third party for damages, contribution, indemnification, cost recovery, compensation or injunctive relief.

  • Environmental Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or migration into the environment.