Phase I Environmental Site Assessment. Notwithstanding anything in the Agreement (including provisions of Article X of the Agreement), Seller shall indemnify Purchaser for any Identified Environmental Losses (the “Environmental Reimbursement”). The Environmental Reimbursement shall not be subject to, nor count towards, any limitation on liability or procedures or other provisions of Article X of the Agreement.
Phase I Environmental Site Assessment. Buyer may obtain Phase I Environmental Reports (prepared in accordance with ASTM standards) for the Real Property certified to Buyer and prepared by independent consultants approved by Buyer (“Real Property Phase I Reports”), the results of which shall be satisfactory to Buyer in its sole discretion, subject to the remainder of this Section 5.19.
Phase I Environmental Site Assessment. After the execution and delivery by BellSouth and User of an Entry and Testing Agreement for a Site User may perform a Phase I - environmental site assessment on the Property pertaining to such Site provided such Phase I - environmental site assessment does not involve any subsurface soils testing and further provided that User provides BellSouth with a complete written copy of the Phase I - environmental site assessment within ten (10) days of completion at no expense to BellSouth. Only with BellSouth's prior written consent and subject to BellSouth's supervision may User perform a Phase II - environmental site assessment on the Property.
Phase I Environmental Site Assessment. The Firm will prepare the PIESA report in accordance with American Society of Testing and Material (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate, E1527-13 Standard Practice for Environmental Site Assessments. The PIESA will also be performed in accordance with the U.S. Environmental Protection Agency’s All Appropriate Inquiry (AAI) standards amended in 2013. The preparation of the PIESA will consist of the following tasks: records review, interviews, site reconnaissance, and user-provided information.
Phase I Environmental Site Assessment. Lender shall have received a Phase I Environmental Site Assessment Report on all of the real estate, along with such further environmental review and audit reports as Lender requests (which may include Phase II reports), and letters by the firm preparing such environmental reports authorizing Lender to rely on such reports.
Phase I Environmental Site Assessment. In order to evaluate the Property and identify conditions indicative of releases and threatened releases of hazardous substances on, at, in or to the Property, URS will perform the ESA consistent with the terms and conditions of 40 C.F.R. Part 312 AAI regulation and ASTM Standard E1527-05(collectively, the “AAI Standards”) and will execute the following scope of work: □ Acquisition and Review of Data on Historical Uses of the Sites; □ Environmental Agency List Review; □ Site Reconnaissance; □ Interviews and User Provided Information; □ Contacts with Federal, State, and Local Environmental Agencies; and □ Data Analysis and Reporting. URS proposes to perform the Phase I ESA prior to commencement of the remaining tasks described below. URS estimates the cost for this Phase I ESA as $3,590.
Phase I Environmental Site Assessment. (ESA) -----------------------------------------------
Phase I Environmental Site Assessment. Buyer will have the right to obtain a Phase I Environmental Site Assessment of the Property during the Review Period, at Buyer’s sole cost and expense (the “Environmental Report”). No invasive testing (such as Phase II environmental work) may be performed on the Property without Seller’s prior written consent, in its sole discretion.
Phase I Environmental Site Assessment. RK&K will conduct a Phase I Environmental Site Assessment (Phase I ESA) of the three WMATA- owned properties: Square 3184 Lots 0822 and 0823 (on Chestnut Street NW) and Square 3187 Lot 0838 (Cedar Street NW) (“Subject Properties”). The Subject Properties are reportedly vacant/undeveloped properties. The following scope of work, per the DDOT Right-of-Way Manual, will be utilized to prepare the Phase I ESAs: ESA Scope of Services The U.S. Environmental Protection Agency (EPA) has promulgated regulations at 40 C.F.R. Part 312, as amended, that establish specific requirements for conducting “all appropriate inquiries” (AAI) into the previous ownership, uses, and environmental conditions of a property for the purposes of qualifying for certain landowner liability protections (LLP) under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended by the Small Business Liability Relief and Brownfields Revitalization Act of 2002. These LLPs include the liability protections afforded to Bona Fide Prospective Purchasers and Contiguous Property Owners under CERCLA as well as the protections afforded by CERCLA’s Innocent Landowner Defense. To qualify for the CERCLA LLPs, a prospective property owner must comply with the applicable statutory and regulatory requirements including, among other things, undertaking AAI prior to the date of property acquisition. Therefore, the purpose of performing the ESAs is to establish that the DDOT has made “all appropriate inquiries” necessary to qualify for the CERCLA LLPs, and to provide the DDOT with information it may need to meet the LLP continuing obligations. The purpose is also to evaluate, as part of the ESA, the additional environmental conditions described in the Site Reconnaissance Section below to assist DDOT in understanding how they might affect the Subject Properties or operations conducted at the Subject Properties. The Phase I ESA identifies recognized environmental conditions (RECs), set forth in ASTM E1527- 13 § 1.1.1 as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment”. In addition, § 3.2 of ASTM E1527-13 defines the following: • Historical recognized environmental conditions (HRECs) as “a past release of any hazardous...
Phase I Environmental Site Assessment. To the extent reasonably possible during the Pre-Closing Period and subject to the restrictions of any applicable Law or contractual undertaking, Seller shall afford to Buyer and to its authorized Representatives, during reasonable business hours, reasonable access to the plants, properties (including site visits), personnel, officers, books and records, Environmental Permits and other information of the Acquired Companies, including any and all Phase I Environmental Site Assessments commissioned by the Acquired Companies (if any). If any Phase I Environmental Site Assessment commissioned by the Acquired Companies is dated less than one (1) year prior to the date hereof, Seller shall provide to Buyer documentation providing Buyer (in its discretion) with the ability to rely on those Phase I Environmental Site Assessments commissioned by the Acquired Companies. At Buyer’s sole discretion, during the one-month period following the Closing, Buyer may commission one or more Phase I Environmental Site Assessment(s) (a “Phase I Environmental Site Assessment”) in accordance with ASTM E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (“Phase I Standard”) at the locations at which the Acquired Companies do business. Each such Phase I Environmental Site Assessment commissioned by Buyer shall be conducted at Buyer’s cost. Promptly following the Closing Date, Buyer shall provide Seller a list of those sites at which it intends to conduct Phase I Environmental Site Assessments (the “Designated Locations”) and shall promptly commission the identified Phase I Environmental Site Assessments in accordance with this Section 9.1(a).
