Examples of Seller Cap in a sentence
Notwithstanding anything to the contrary, each of Seller and Purchaser shall bear its own counsel fees and any other costs associated with the environmental testing and remediation of the St. Paul Parcel other than those fees of Terracon or its testing laboratories and any fees charged under the Program which Seller has agreed to pay hereunder up to the Seller Cap).
Furthermore, if the MPCA requires additional Phase II testing or imposes other requirements, fees or costs in order for Purchaser to obtain any of the MPCA Assurances, the costs of such additional testing or requirements shall be payable by the Seller up to the Seller Cap.
Purchaser and Seller expressly acknowledge and agree that the amount of the Seller Cap was negotiated freely in order to induce both parties to proceed to execution of this Agreement and, subsequently, Closing.
Purchaser shall obtain three (3) quotes for the cost to complete any Remediation from qualified environmental consultants and the cost for which Seller shall be responsible (up to the Seller Cap) shall be the lowest of the quotes.
If the results of the Cooling Season Test or the Heating Season Test indicate that further Phase II testing is required to determine the nature or scope of any Hazardous Material(s) impacts, Seller shall pay the costs of such additional testing up to the Seller Cap.