Voluntary Environmental Investigation definition

Voluntary Environmental Investigation means any environmental sampling or testing of air, soil, water or groundwater conducted by or on behalf of Purchaser at any Leased Real Property, except to the extent Purchaser reasonably believes such sampling or testing is (i) required by any Environmental Law or Governmental Authority, (ii) reasonably conducted in response to a Third-Party Claim asserting Liability for any environmental condition at any Leased Real Property, (iii) conducted by the Sellers in performance of their respective obligations herein, (iv) necessary in connection with a due diligence review for any sale, conveyance or financing transaction involving any Leased Real Property based upon findings from a Phase I environmental site assessment, (v) required for the bona fide construction, expansion, demolition, repair, maintenance, or closure by or on behalf of the Purchaser Indemnified Parties of any structures or operations at any Leased Real Property in the ordinary course of business and to the extent such sampling or testing is consistent with industry practice, or (vi) required to respond to material facts indicating a potentially significant risk to human health or the environment.
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Voluntary Environmental Investigation means any environmental sampling, monitoring or other surface or subsurface investigation of the Property except to the extent required by any Environmental Law or reasonably conducted in response to a Third-Party Claim asserting liability for an environmental condition at the Property; and (iii) "CONTINUING NONCOMPLIANCE" means any failure to comply with Environmental Laws that began prior to the Closing and continues after the Closing, except that Continuing Noncompliance shall not include any noncompliance after the date that any officer, employee or agent of the Purchaser Indemnified Party either (i) learned of the noncompliance or (ii) in the ordinary course of operating the SPS Business, should have learned of the noncompliance, it being understood that the ordinary course of operating the SPS Business shall be deemed not to include any Voluntary Environmental Investigation.
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Voluntary Environmental Investigation means any soil, ground water, surface water or soil gas or vapor sampling, laboratory analysis or testing undertaken by or on behalf of the Purchaser or any Group Company after the Closing Date, unless such sampling, laboratory analysis or testing is: (a) required to comply with applicable Environmental Law or a Governmental Authority; (b) reasonably necessary in order to avoid a legal proceeding threatened by a Governmental Authority under any Environmental Law; (c) reasonably necessary in order to evaluate, prevent or mitigate an imminent and substantial endangerment to human health or the environment; (d) undertaken as part of any Purchaser Indemnified Party’s normal operations during the continued use of the Owned Real Property or Leased Real Property (including the performance of capital improvements, operations and maintenance, and reasonable construction and renovation activities), provided that, in the context of such normal operations, such sampling, laboratory analysis or testing is required by Environmental Laws or an applicable Governmental Authority; or (e) performed as part of an environmental investigation or other due diligence activity (including any Phase I or Phase II Environmental Assessment) by or in satisfaction of the reasonable requirements of a lender or a bona fide prospective purchaser, assignee, lessee or sublessee of any Owned Real Property or Leased Real Property who is not affiliated with the Purchaser, and which activity is taken in connection with finance activities or the prospective sale or other transfer of an interest in such Real Property.
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More Definitions of Voluntary Environmental Investigation

Voluntary Environmental Investigation means any environmental sampling, monitoring or other surface or subsurface investigation of the Facilities; provided, however, that “Voluntary Environmental Investigation” shall not include any such sampling, monitoring or investigation to the extent (1) required by a Governmental Authority or pursuant to Environmental Law, or (2) conducted reasonably in response to a third party claim asserting liability for an environmental condition at the Facilities (subject to clause (iv) below), or (3) that Buyer reasonably determines is necessary in connection with any actual or planned construction or maintenance activity, or closure of all or any substantial portion of a Facility (including any expansion of any existing Facility), or (4) limited to a Phase I environmental site assessment or other non-invasive environmental assessment, or (5) conducted as part of environmental due diligence by an unaffiliated third-party that enters into, or is negotiating to enter into, a binding agreement to acquire all or substantially all of any Facility (whether by merger, stock purchase or asset sale).
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Voluntary Environmental Investigation means any environmental sampling or testing of soil or groundwater at any Property except to the extent Purchaser reasonably believes such sampling or testing is (A) required by any Environmental Law or Governmental Authority, (B) reasonably conducted in response to a Third Party Claim asserting Liability for any environmental condition at any Property, (C) conducted by the Sellers in performance of their respective obligations herein, (D) necessary in connection with a due diligence review for any sale, conveyance or financing transaction involving any Property based upon findings from a Phase I environmental site assessment, (E) required for the bona fide construction, expansion, demolition, repair, maintenance, or closure by or on behalf of the Companies or their Subsidiaries of any structures or operations at any Property in the ordinary course of business and to the extent such sampling or testing is consistent with industry practice, or (F) required to respond to material facts indicating a potentially significant risk to human health or the environment.
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Voluntary Environmental Investigation means any investigation or monitoring conducted by or on behalf of Buyer other than pursuant to a requirement (not itself imposed as a consequence of any voluntary action by or on behalf of Buyer) of any Environmental Law, other legal obligation or under any Governmental Rule.
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Voluntary Environmental Investigation means any environmental sampling, monitoring or other surface or subsurface investigation of Property except to the extent (A) required by any Environmental Law or governmental authority, (B) reasonably conducted in response to a Third Party Claim asserting liability for an environmental condition at the Property or (C) conducted based upon the results of a Phase I environmental assessment (and any subsequent Phase II environmental assessment warranted as a result of any such Phase I environmental assessment) conducted or requested by a third party in connection with the sale or transfer of any Property to an unaffiliated third party or a sale of Purchaser to an unaffiliated third party.
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Related to Voluntary Environmental Investigation

  • 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.

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

  • 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.

  • clinical investigation means any systematic investigation in one or more human subjects, undertaken to assess the safety or performance of a device;

  • Remedial investigation means a process to determine the nature and extent of a discharge of a contaminant at a site or a discharge of a contaminant that has migrated or is migrating from the site and the problems presented by a discharge, and may include data collected, site characterization, sampling, monitoring, and the gathering of any other sufficient and relevant information necessary to determine the necessity for remedial action and to support the evaluation of remedial actions if necessary;

  • Environmental Information means any information in written, visual, aural, electronic or any other material form on:

  • Environmental Impact Assessment means a systematic examination conducted to determine whether or not a programme, activity or project will have any adverse impacts on the environment;

  • 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 Audit means, with respect to each Property, a Phase One environmental site assessment (the scope and performance of which meets or exceeds the then most current ASTM Standard Practice E1527 for Environmental Site Assessments: Phase One Environmental Site Assessment Process) of such Property.

  • Initial Environmental Examination or “IEE” means an initial environmental examination for a Subproject, including any update thereto, prepared and submitted by the Borrower pursuant to the requirements set forth in the EARF and cleared by ADB;

  • Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.

  • 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.

  • the Environmental Statement means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

  • 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.

  • Environmental Review means the Federal

  • Environmental Assessment Act means the Environmental Assessment Act, R.S.O. 1990, c.E.18.

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

  • 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.

  • Environmental Complaint shall have the meaning set forth in Section 4.19(d) hereof.

  • Site investigation means the collection and evaluation of data adequate to determine whether or not discharged contaminants exist at a site or have migrated or are migrating from the site at levels in excess of the applicable remediation standards. A site investigation shall be developed based upon the information collected pursuant to the preliminary assessment;

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

  • Background investigation means the investigation conducted by a licensee or applicant to support the determination of trustworthiness and reliability.

  • 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 Consultant has the meaning set forth in Section 5.17(a).

  • 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.

  • Needs assessment means a study or statistical analysis that examines the need for ground ambulance service within a service area or proposed service area that takes into account the current or proposed service area’s medical, fire, and police services.