Environmental Site Assessment. Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.
Environmental Site Assessment. Lender shall have the right, at any time and from time to time, to undertake an environmental site assessment on the Property, including any testing that Lender may determine, in its sole discretion, is necessary or desirable to ascertain the environmental condition of the Property and the compliance of the Property with Requirements of Environmental Laws. Borrower shall cooperate fully with Lender and its consultants performing such assessments and tests. If Lender undertakes such assessments because Lender reasonably believes contamination has occurred, or if the assessment reveals contamination not previously known to Lender, the expense of such assessment shall be paid by the Borrower. Otherwise, any such assessment shall be at Lender's expense.
Environmental Site Assessment. Within _______ (__) days from the Effective Date, Optionee shall, at its cost, complete an environmental site assessment (the “Environmental Assessment”) of the Easement Property, indicating to the satisfaction of Optionee that the Easement Property does not contain, either on its surface or in its subsurface or underlying water table, any Hazardous Substances (defined in Section 12). The Environmental Assessment may include a historical review of the use of the Easement Property, review of all regulatory agency permits and compliance and enforcement files and records, soil tests, the acquisition of core samples and water table samples by drilling conducted on the Easement Property, and such other reviews, tests and studies as Optionee may deem appropriate. All reviews, tests and studies will be conducted by agents selected by Optionee and performed as Optionee directs, subject to the approval of Owner, which must not be unreasonably withheld, and the provisions of Section 10.
Environmental Site Assessment. Within _______ (__) days from the Effective Date, Optionee shall, at its cost, complete an environmental site assessment (the “Environmental Assessment”) of the Property, indicating to the satisfaction of Optionee that the Property does not contain, either on its surface or in its subsurface or underlying water table, any Hazardous Substances (defined in Section 12). The Environmental Assessment may include a historical review of the use of the Property, review of all regulatory agency permits and compliance and enforcement files and records, soil tests, the acquisition of core samples and water table samples by drilling conducted on the Property, and such other reviews, tests and studies as Optionee may deem appropriate. All reviews, tests and studies will be conducted by agents selected by Optionee and performed as Optionee directs, subject to the approval of Owner, which must not be unreasonably withheld, and the provisions of Section 10.
Environmental Site Assessment. Buyer, prior to the exercise of the option and at its sole cost and expense, may conduct an environmental site assessment of the Property to determine the existence and extent, if any, of any Hazardous Materials on the Property. If further investigations, testing, monitoring or environmental site assessments are required by DSL to determine the existence or extent of Hazardous Materials on the Property, Buyer, at its sole option may elect to extend the Option Expiration Date to conduct such procedures at the Buyer’s sole cost and expense. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4.B.).
Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company with at least ten (10) business days notice prior to conducting any such environmental site assessment and to permit the Company and/or an independent environmental consultant retained by the Company to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.
Environmental Site Assessment. 6.15.1 Within sixty (60) days of the execution of this Agreement, Buyer may obtain Phase I Environmental Assessments at Buyer's expense for any or all of the parcels of the Owned or Leased Real Property set forth on Schedule 6.15 (the "Environmental Assessments"). In the event any Environmental Assessment discloses any conditions contrary to any representations and warranties (determined without regard to any Knowledge qualifier therein) or any potential that such conditions may exist, the Buyer may conduct or have conducted at its expense additional testing to confirm or negate the existence of any such conditions. If any such Environmental Assessment or additional testing reflects the existence of any such conditions at any Owned Real Property or, to the extent caused by any of the Assets, at any of the Leased Real Property, and if, and only if, the cost of remediation, when aggregated with costs or remediation as to the Kansas City Stations, exceeds One Hundred Thousand Dollars ($100,000.00), in the aggregate for all parcels of the Real Property to be conveyed by Sellers hereunder and the Kansas City Sellers pursuant to the Kansas City Agreement shall cause the conditions to be remedied as quickly as possible (and in all events prior to Closing for any Radio Group for which such property is used in the operation of any Station in such Radio Group) such that no conditions contrary to the representations and warranties (determined with regard to any knowledge qualifier contained therein) of this Agreement exist; provided, however, that Sellers shall not be obligated to expend in the aggregate for all parcels of the Real Property of Stations and the Kansas City Stations in excess of Three Million Dollars ($3,000,000.00) to effect such remediation for all Real Property to be conveyed hereunder and under the Kansas City Agreement. In the event that such remedial action(s) does cost in the aggregate in excess of Three Million Dollars ($3,000,000.00), Sellers may elect not to take such remedial action. In such event, Buyer may require Sellers to proceed to the Closing of the Stations or of one or more Radio Groups, as the case may be, and at any such Closing, the purchase price for any of the Stations acquired at such Closing shall be reduced by the estimated cost of remediation for that portion of the Owned Real Property to be acquired at such Closing, not to exceed in the aggregate for all Closings the Unexpended Remediation Amount. Alternatively, Buyer may ...
Environmental Site Assessment. Within ninety (90) days of the Option Exercise Date or at any time prior thereto (the “Inspection Period”), Purchaser shall obtain, at its sole cost and expense, an environmental site assessment of the Property (“ESA”) to determine the existence and extent, if any, of any Hazardous Materials (as hereafter defined) on or affecting the Property, and shall provide Seller with a true and correct copy of the ESA. In the event that the ESA confirms the presence of Hazardous Materials, either Seller or Purchaser may, in its sole discretion, terminate this Agreement for environmental matters by providing written notice to the other party prior to the expiration of the Inspection Period or within thirty (30) days of the Purchaser’s delivery of the ESA to Seller, whichever occurs first (the “ESA Notice Period”), in which case the parties shall be relieved of any further obligations or liabilities hereunder (except for those that survive the termination or expiration of this Agreement). Should the parties elect not to so terminate this Agreement, Seller, at Seller’s sole cost and expense, shall promptly commence and diligently pursue to completion such actions as are necessary to bring the Property into full compliance with Environmental Laws (as hereafter defined) and shall provide Purchaser with documentation evidencing completion of such actions, which documentation shall be in form and substance satisfactory to Purchaser in its sole discretion. If, despite diligent efforts, Seller is unable to bring the Property into full compliance with Environmental Laws within ninety (90) days of the expiration of the ESA Notice Period (the “ESA Objection Cure Period”), Purchaser, in its sole discretion, may elect to: (a) repeatedly extend the ESA Objection Cure Period for up to three (3) years by written notice to Seller prior to the expiration of the immediately preceding ESA Objection Cure Period; or (b) terminate this Agreement by providing notice to Seller in accordance with paragraph 13, in which case the parties shall be relieved of any further obligations or liabilities hereunder (except for those that survive the termination or expiration of this Agreement). In the event that the ESA confirms the presence of Hazardous Materials on or affecting the Property and the parties elect not to terminate this Agreement, Seller shall defend, hold harmless, and indemnify Purchaser (including its officers, directors, shareholders, partners, employees, members, principals, agents a...
Environmental Site Assessment. 15 -i- 3 TABLE OF CONTENTS (continued)
Environmental Site Assessment. Mortgagee shall have the right, if evidence exists, in its reasonable judgment, that there may be a violation of applicable Environmental Laws, to undertake, at the expense of Mortgagor, an environmental site assessment on the Property, including any testing that Mortgagee may determine, in its reasonable discretion, is necessary or desirable to ascertain the environmental condition of the Property and the compliance of the Property with Requirements of Environmental Laws. Mortgagor shall cooperate fully with Mortgagee and its consultants performing such assessments and tests.
