Regulated Site Condition definition

Regulated Site Condition means, and is limited to:
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Regulated Site Condition means, and is limited to, the presence of Regulated Substances in environmental media anywhere in, on or under the Project Site, whether or not disclosed to the Design- Builder.
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Regulated Site Condition means, and is limited to, (1) surface and subsurface geotechnical conditions not normally or ordinarily found in the Florida Keys and South Florida (any amount, including excessive amounts, of excavated materials, coral rock, organic material, muck, or any mixture or combination thereof, shall be assumed to be normal and ordinary for the Florida Keys, not a Regulated Site Condition, and assumed by the Company); (2) surface or subsurface structures, materials or conditions having historical, archaeological or similar significance subject to the protection of Applicable Law; (3) any habitat of a rare or threatened species subject to the protections of Applicable Law; (4) the presence anywhere in, on or under the Project Sites on the Contract Date of xxxxx or underground storage tanks for the storage of chemicals, petroleum products or Regulated Substances (in each of items (1), (2), (3) and (4), however, only to the extent not known or disclosed to the Company as of the Contract Date), and (5) the presence of Regulated Substances in environmental media anywhere in, on or under the Sites (including presence in surface water, groundwater, soils or subsurface strata).
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Examples of Regulated Site Condition in a sentence

  • In the event that the Company encounters a subsurface condition that constitutes a Regulated Site Condition in the performance of the Design/Build Work, the Company shall provide prompt written notice to the Village of such condition, which notice shall not be later than five (5) days after such condition is first known to the Company.

  • The Village shall then promptly investigate or cause to be investigated the alleged Regulated Site Condition set out in the Company’s notice.

  • Under the terms of the agreement the Authority is financially responsible for Regulated Site Condition costs.

  • Except for the Design-Builder’s failure to provide such notice and exercise due care with respect to such disclosed or known Specified Subsurface Condition or Regulated Site Condition, the Design-Builder shall not be responsible for any Specified Subsurface Condition or Regulated Site Condition and shall be entitled to Uncontrollable Circumstance relief in connection therewith in accordance with and to the extent provided in Section 9.3 (Uncontrollable Circumstances - Entitlement to Relief).

  • The Company is aware of the surface and subsurface geotechnical conditions found in Islamorada and throughout the Florida Keys and that there can be excessive amounts of excavated material, coral rock, organic material, muck, or a combination or mixture thereof, and that these conditions are normal and ordinary for the Florida Keys and shall not constitute a Regulated Site Condition.

  • The Company shall acknowledge and agree that mitigation for delays due to changes, the existence of a Differing Site Condition, a Specified Subsurface Condition, or a Regulated Site Condition; suspension of the Design-Build Work; and other causes may require revision of preferential sequences of the Design-Build Work.

  • The Company represents and warrants that, as of the Contract Date, it has no knowledge of any surface or subsurface geotechnical conditions that would constitute a Regulated Site Condition hereunder.

  • In performing the Design-Build Work, the Design-Builder shall exercise due care, in light of all relevant facts and circumstances, to avoid exacerbating any Specified Subsurface Condition or Regulated Site Condition after the location and existence of such condition has been disclosed to the Design-Builder, or becomes actually known by the Design-Builder through physical observation (including any such observation made during excavations).

  • In performing the Contract Services, the Developer shall, in accordance with Good Design-Build Practice, avoid exacerbating any Regulated Site Condition, the location and existence of such which having been disclosed to the Developer in City Environmental Assessments, or that Developer knows or should have known, through physical observation (including any such observation made during excavations) or otherwise, as encountered on the Project Site.

  • A Regulated Site Condition that differs from those described in the City Environmental Assessments constitutes a Compensation Event, and the Developer shall be entitled to relief in accordance with Section 14.1 (Compensation Events), except to the extent the Developer fails to exercise due care with respect to a disclosed or known Regulated Site Condition as provided in Section 6.4(A) (Regulated Site Conditions - Avoidance of Exacerbation ) and to the extent covered by the Required Insurance.


More Definitions of Regulated Site Condition

Regulated Site Condition means, and is limited to, (1) the presence of surface or subsurface structures, materials or conditions having historical, archaeological, religious or similar significance; (2) the presence or habitat of a species that is classified under Applicable Law as endangered, rare, threatened, of special concern, or similarly subject to the protections of Applicable Law; (3) the presence anywhere in, on or under the Project Site on the Contract Date of xxxxx or underground storage tanks for the storage of chemicals, petroleum products or Regulated Substances (in each of items (1), (2) and (3), however, only to the extent not disclosed to the Design-Builder as of the Contract Date or discoverable by the Design Builder as of the Contract Date based upon an industry standard level of one diligence), and (4) the presence of Regulated Substances in environmental media anywhere in, on or under the Project Site (including presence in surface water, groundwater, soils or subsurface strata), whether or not disclosed to the Design-Builder, but not including Regulated Substances used, stored or otherwise brought to the Project Site by the Design-Builder or any Subcontractor as provided in
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Regulated Site Condition means (1) surface or subsurface structures, materials or conditions having historical, archaeological, religious or similar significance; (2) the presence or habitat of a species that is classified under Applicable Law as endangered, rare, threatened, of special concern, or similarly subject to the protections of Applicable Law; (3) the presence anywhere in, on or under the Sites on the Contract Date of xxxxx or underground storage tanks for the storage of chemicals, petroleum products or Regulated Substances (in each of items (1), (2) and (3), however, only to the extent not disclosed to the Company in writing as set forth in the RFP or a document attached to or referenced in the RFP); and (4) the presence of Regulated Substances anywhere in, on or under the Sites (including presence in surface water, groundwater, soils or subsurface strata), whether or not disclosed to the Company. A Regulated Site Condition shall not include any Regulated Substance used, stored or otherwise brought to the Sites by the Company or any Subcontractor as provided in subsection 4.4(C) (Specified Subsurface Conditions and Regulated Site Conditions; Company).
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Related to Regulated Site Condition

  • Unsafe condition as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

  • Acute condition means that the individual is medically unstable. Such an individual requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain his or her health status.

  • 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:

  • Hazardous condition means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment.

  • Hazardous Substance Condition means the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance as defined in Paragraph 6.2(a), in, on, or under the Premises.

  • Review Conditions means (i) the Delinquency Percentage for any Payment Date exceeds the Delinquency Trigger for that Payment Date and (ii) the Noteholders or Note Owners, as applicable, have voted, pursuant to Section 2.03(d) of the Receivables Purchase Agreement, to direct an Asset Representations Review of the Subject Receivables.

  • Termination Conditions means, collectively, (a) the payment in full in cash of the Obligations (other than (i) contingent indemnification obligations not then due and (ii) Obligations under Secured Hedge Agreements and Secured Cash Management Agreements) and (b) the termination of the Commitments and the termination or expiration of all Letters of Credit under this Agreement (unless the Outstanding Amount of the L/C Obligations related thereto has been Cash Collateralized on terms reasonably acceptable to the applicable Issuing Bank, backstopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank or deemed reissued under another agreement reasonably acceptable to the applicable Issuing Bank).

  • Step Down Conditions As of any Distribution Date on which any decrease in any Senior Prepayment Percentage may apply, (i) the outstanding Principal Balance of all Mortgage Loans 60 days or more Delinquent (including Mortgage Loans in REO and foreclosure), averaged over the preceding six month period, as a percentage of the aggregate of the Class Certificate Principal Balances of the Classes of Subordinate Certificates on such Distribution Date, does not equal or exceed 50% and (ii) cumulative Realized Losses with respect to all of the Mortgage Loans do not exceed: · for any Distribution Date on or after the seventh anniversary until the eighth anniversary of the first Distribution Date, 30% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the eighth anniversary until the ninth anniversary of the first Distribution Date, 35% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the ninth anniversary until the tenth anniversary of the first Distribution Date, 40% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the tenth anniversary until the eleventh anniversary of the first Distribution Date, 45% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, and · for any Distribution Date on or after the eleventh anniversary of the first Distribution Date, 50% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date.

  • Abnormal Condition means any condition on the Interconnection Facilities which, determined in accordance with Good Utility Practice, is: (i) outside normal operating parameters such that facilities are operating outside their normal ratings or that reasonable operating limits have been exceeded; and (ii) could reasonably be expected to materially and adversely affect the safe and reliable operation of the Interconnection Facilities; but which, in any case, could reasonably be expected to result in an Emergency Condition. Any condition or situation that results from lack of sufficient generating capacity to meet load requirements or that results solely from economic conditions shall not, standing alone, constitute an Abnormal Condition.

  • 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.

  • Release Condition means the following:

  • restrictive condition means any condition registered against the title deed of land restricting the use, development or subdivision of the land concerned:

  • Terminal condition means an incurable condition caused by injury, disease, or illness that according to reasonable medical judgment will produce death within six months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.

  • Payment Condition shall be deemed to be satisfied in connection with a Restricted Payment, Restricted Debt Payment, investment or Permitted Acquisition if:

  • Public infrastructure means those elements of infrastructure that are planned to be dedicated to the City or other public entities as a condition of the approval of a Development Application.

  • Release Conditions mean the following conditions: (i) Company has received the Executive’s executed Release and (ii) any rescission period applicable to the Executive’s executed Release has expired.

  • Hazardous Waste Management Facility means, as defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Adverse Environmental Condition shall refer to (i) the existence or the continuation of the existence, of an Environmental Emission (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Emission), of, or exposure to, any substance, chemical, material, pollutant, Contaminant, odor or audible noise or other release or emission in, into or onto the environment (including, without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment or (iii) the violation, or alleged violation of any statutes, ordinances, orders, rules regulations, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any Equipment.

  • Standard Conditions means the “International Bank for Reconstruction and Development and International Development Association Standard Conditions for Grant Financing Made by the Bank out of Trust Funds”, dated February 25, 2019.

  • Processes with Significant Environmental Aspects means the Equipment which, during regular operation or if not properly operated or maintained, may cause or are likely to cause an adverse effect.

  • Regulated NSR pollutant means the following:

  • Household Hazardous Waste means any waste material derived from households (including single

  • Performance Condition means any performance condition imposed under rule 4.1 (Performance Conditions);

  • Functional impairment means both of the following:

  • Regulated air pollutant means the following: