Invasive Activities has the meaning set forth in Section 5.1(b).
Invasive Activities shall have the meaning set forth in Section 10.1(b).
Invasive Activities is defined in Section 3.2(a).
Examples of Invasive Activities in a sentence
If any of the proposed Invasive Activities may unreasonably interfere with normal operation of the Assets, Seller may request an appropriate modification of the proposed Invasive Activity.
Seller shall have the right, at its option, to split with Buyer any samples collected pursuant to approved Invasive Activities.
If Buyer, its Representatives, or the Environmental Consultant prepares any environmental assessment or report of any Asset (including any Environmental Assessment or Invasive Activities, if permitted by Seller), Buyer shall keep, and shall cause such Representatives and/or the Environmental Consultant to keep, such report or assessment confidential and furnish copies thereof to Seller within one week of receipt thereof by Buyer, its Affiliates, or its or their Representatives.
All requirements promulgated through guidance or regulations issued by EPA for the implementation of the CWSRF and DWSRF programs will remain in effect unless such requirements are inconsistent with the statutory requirements of the ARRA, conditions of the capitalization grant agreement, or the requirements contained in this document.
If Purchaser or its agents prepares an Environmental Assessment or conducts Invasive Activities, Purchaser will furnish a copy of the assessment or report resulting therefrom to Seller.
More Definitions of Invasive Activities
Invasive Activities on or with respect to any of the Assets without SM Energy’s prior written consent, which consent may be withheld in the sole and absolute discretion of SM Energy for any reason whatsoever.
Invasive Activities on or with respect to any of the Assets without (i) SM Energy’s prior written consent, which consent may not be unreasonably withheld and (ii) any required prior written consent from any third party, including any third-person operator. SM Energy shall, with the reasonable cooperation of Buyer and in reasonable consultation with Buyer, use commercially reasonable efforts to obtain any such required third party consent.
Invasive Activities has the meaning set forth in Section 3.1(b) of the Acquisition Annex.
Invasive Activities means any Phase II Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase II Environmental Site Assessment Process (Publication Designation: E1903-07) or other reasonable invasive or intrusive testing, boring, drilling or sampling on or relating to the Assets.
Invasive Activities on or with respect to any of the Conveyed Interests (i) Mitsui must furnish SM with a written description of the proposed scope of the Invasive Activities to be conducted, including a description of the activities to be conducted and a description of the approximate location and expected timing of such activities and (ii) SM must have received any required prior written consent of any applicable Third Party. SM shall, with the reasonable cooperation of Mitsui and in reasonable consultation with Xxxxxx, use its commercially reasonable efforts to obtain any such required Third Party consent. If any of the proposed Invasive Activities may unreasonably interfere with the normal operations of the Properties, SM may request an appropriate modification of the proposed Invasive Activity. Any Invasive Activities shall be conducted by a reputable environmental consulting or engineering firm that is approved in advance by SM and, if required under the Applicable Operating Agreement, any applicable Third Party Operator. Once approved, such environmental consulting or engineering firm shall be deemed to be a “Mitsui’s Representative.” SM hereby approves Ecology & Environment, Inc. and any Affiliate thereof as Xxxxxx’s Representative, subject to any required approval from a Third Party. SM or its designee shall have the right, at its option and expense (A) to accompany Mitsui and Xxxxxx’s Representatives whenever they are on site on the Conveyed Interests and to (B) 50% of all samples or materials taken from the Conveyed Interests pursuant to any Invasive Activity.
Invasive Activities without the prior written consent of Seller, which consent will not be unreasonably withheld, and, with respect to any Non-Op Property, without the prior written consent of the third-party operator thereof, which Seller will use commercially reasonable efforts to obtain (but which efforts will not require Seller to pay any consent fee to the operator or agree to give such operator any other financial concession). If any Environmental Assessment indicates that a Condition exists or is reasonably likely to exist on any Asset, Buyer may request Seller’s consent to conduct Invasive Activities (“Inspection Request”). The Inspection Request shall include the specific Asset that would be subject to the Invasive Activities, the reasons for requesting Invasive Activities and a description of the proposed Invasive Activities to be conducted by Buyer. Seller shall consent to or deny the Inspection Request within three (3) Business Days of receipt of the Inspection Request, provided that consent from Seller shall not be unreasonably withheld and that the failure of Seller to respond within such three (3) Business Day period shall be deemed to constitute Seller’s denial of consent to the Inspection Request and the proposed Invasive Activities; provided further, Buyer’s right to conduct Invasive Activities on any Non-Op Property is also subject to the prior written consent of the third-party operator of such property, which Seller will use commercially reasonable efforts to obtain (but which efforts will not require Seller to pay any consent fee to the operator or agree to give such operator any other financial concession). If Seller withholds its consent to any Inspection Request relating to an Asset with a Condition reasonably likely to exceed the Individual Environmental Threshold, then Buyer may elect to have Seller retain the entirety of any such Asset at the Closing, in which event the Purchase Price shall be reduced by an amount equal to the Allocated Value of such Asset.
Invasive Activities on or with respect to any of the Properties, Buyer shall furnish Seller with a written description of the proposed scope of the Invasive Activities to be conducted, including a description of the activities to be conducted and a description of the approximate location and expected timing of such activities. If any of the proposed Invasive Activities may unreasonably interfere with normal operation of the Properties, Seller may request an appropriate modification of the proposed Invasive Activity. Any Invasive Activities shall be conducted by a reputable environmental consulting or engineering firm, approved in advance by Seller (such approval not to be unreasonably withheld or delayed) and, once approved, such environmental consulting or engineering firm shall be deemed to be a “Buyer’s Representative.” Seller hereby approves ERM NA Holdings Corp., ERM Group Holdings Limited and any Affiliate thereof as an environmental consulting firm that may conduct such Invasive Activities and such environmental consulting firm is hereby deemed to be a “Buyer’s Representative.” Seller shall have the right, at its option and expense, to split any samples collected from the Properties with Buyer.