Adverse Environmental Conditions. The Developer and the City acknowledge that they do not have actual knowledge of the location and extent of adverse environmental conditions on the City property and the DDA Property beyond the presence of asphalt and related paving materials and the Phase II Environmental Site Assessment report for 000 Xxxxx Xxxx, dated June 10, 2016, from Triterra, the Phase II Environmental Site Assessment Letter Report for the Proposed City Center II Development from PM Environmental, Inc., dated April 10, 2008, and the Phase II Environmental Site Letter Assessment Report for the Proposed City Center II Development, dated June 27, 2008, from PM Environmental, Inc. The estimated development cost for the Infrastructure Improvements in Amended Xxxxxxxxxx Plan #11 do not include the cost for remediation of any of the conditions disclosed in the three Phase II reports described above beyond the presence of asphalt and asphalt related paving materials and the soils associated with those conditions. The parties agree that the development cost for the Infrastructure Improvements shall include all expenses for management, removal, and remediation of any adverse environmental conditions on the City property and the DDA property. In the event the Developer encounters soils or substances that are or may be considered hazardous or contaminated on City or DDA property during the course of performing the Infrastructure Improvements work beyond the presence of asphalt and related paving materials and the soils associated with those conditions, the Developer shall notify the City and the DDA, and the parties shall mutually develop a plan of action and schedule for remedying the same and reimbursement of additional costs if they exceed the contingency amounts in Amended Xxxxxxxxxx Plan #11.
Adverse Environmental Conditions. (a) Purchaser will have until 5 Business Days before the Closing to notify Seller of any material adverse environmental condition of the Assets that Purchaser finds unacceptable and provide evidence of the condition to Seller. An environmental condition is a material adverse environmental condition (“Condition”) only if all the following criteria are met:
Adverse Environmental Conditions. If a Defect is an Adverse Environmental Condition, then the Defect Value thereof shall be the costs and expenses reasonably necessary to remediate such Adverse Environmental Condition.
Adverse Environmental Conditions. Seller represents to Buyer that to the best of its knowledge there are no environmental conditions, as hereinafter defined, existing as of the date hereof which Seller has not disclosed to Buyer. Seller will advise Buyer of any Condition that Seller becomes aware of from the date hereof to the Closing Date.
Adverse Environmental Conditions. (a) Purchaser will have until 5:00 P.M. Denver time on the fifth day prior to the Closing (not counting the day of Closing) to notify Seller of any Condition of the Assets that Purchaser finds unacceptable and provide evidence of the same to Seller. A Condition must meet all the following criteria:
Adverse Environmental Conditions. (a) Buyer will have until 60 days after the Execution Date or 30 days before the Closing Date, whichever is earlier, to notify ExxonMobil of any material adverse environmental condition of the Interests or Property that Buyer finds unacceptable and provide evidence of the condition to ExxonMobil. An environmental condition is a material adverse environmental condition (“Condition”) only if all the following criteria are met:
Adverse Environmental Conditions. In the event of an Adverse Environmental Condition, Seller shall have the option, exercisable in writing delivered to Buyer, to:
Adverse Environmental Conditions. An “Adverse Environmental Condition” means any condition or circumstance of the Assets which is not in compliance with, or requires remediation under, applicable Environmental Law. “Environmental Law” means all laws, statutes, ordinances, rules and regulations of any Governmental Authority pertaining to protection of the environment in effect as of the Effective Time and as interpreted by court decisions or administrative orders as of the Effective Time in the jurisdiction in which such Asset is located. Environmental Law does not include good or desirable operating practices or standards that may be employed or adopted by other oil or gas well operators or merely recommended, but not required, by a Governmental Authority.
Adverse Environmental Conditions. (a) Purchaser will have until February 6, 2013 to notify Seller of any material adverse environmental condition affecting the Assets that Purchaser finds unacceptable and provide evidence of the condition to Seller. An environmental condition is a material adverse environmental condition (“Condition”) only if all the following criteria are met:
Adverse Environmental Conditions. (a) Buyer will have until ten (10) days before the Closing Date to notify XTO Energy of any material adverse environmental condition of the Interests or Property that Buyer finds unacceptable and provide evidence of the condition to XTO Energy. An environmental condition is a material adverse environmental condition (“Condition”) only if all the following criteria are met:
