Asbestos Remediation. The Charter School shall comply with the terms of any applicable asbestos remediation plan.
Asbestos Remediation. Purchaser shall within the Inspection Period, at the sole cost and expense of the Seller, obtain an asbestos survey of the Land and the Improvements in form and substance reasonably acceptable to Purchaser and Seller sufficient to enable the parties to determine the asbestos remediation required or appropriate (the "Asbestos Survey"). Seller agrees that the costs of such remediation shall include (i) the costs of obtaining the Asbestos Survey (for which Seller shall reimburse Purchaser), (ii) the cost of the Theater Remediation (as defined below), and (iii) the amount of the cost estimate for remediating the asbestos and the asbestos containing materials in the Xxxxx XxXxxxxx building located on Parcel 3 (items (i), (ii) and (iii) being referred to collectively as the "Remediation Items"), Seller and Purchaser have agreed that bids from AFM Environmental, Inc. dated June 24, 1996 and ATC Environmental, Inc. dated October 14, 1996 are reasonably acceptable to Seller and Purchaser for the completion of the Remediation Items (the "Remedition Estimate"). To the extent that the accepted Remediation Estimate exceeds $150,000 (the "Asbestos Cap"), Purchaser and Seller agree to pay equally any such excess amount over the Asbestos Cap. If this Contract remains in effect during the period prior to the Closing Date (the "Remediation Period") Seller shall remediate, to levels established in the Remediation Estimate and reasonably acceptable to Purchaser, the asbestos and the asbestos containing materials only on the land and in the improvements that comprise the theater complex located on Parcel 2 (the "Theater Remediation"). During the Remediation Period, Seller shall be entitled to utilize the Xxxxxxx Money Deposit (as defined in Section 3.1 hereof) for the Theater Remediation. Purchaser shall be under no obligation to replenish the Xxxxxxx Money Deposit for any amounts actually use by Seller for the Theater Remediation. Seller shall use its best efforts to minimize the costs of the Theater Remediation and shall do so, in part, by completing partial interior demolition of the theater complex in connection with the Theater Remediation. If Seller's costs actually incurred in performing the Theater Remediation are less than the Asbestos Cap, an amount equal to the unspent portion of the Asbestos Cap shall be paid to Purchaser at Closing to reimburse Purchaser for expenses incurred or to be incurred in performing asbestos remediation work on the Xxxxx XxXxxxxx and Bank ...
Asbestos Remediation. If any asbestos or asbestos-containing materials for which Remediation is required by any Environmental Requirement is or becomes located in any structures (whether above-grade or below-grade) on the Premises, the Lessee shall conduct the abatement and removal of all of such asbestos and asbestos-containing materials located in all structures (whether above-grade or below-grade) necessary for performance of the D&C Work and the handling, transporting and off-Airport disposal thereof (including, if required, disposal of asbestos in an off-Airport long-term asbestos disposal facility), all of the foregoing to be performed and completed as required by and in accordance with Environmental Requirements; provided Lessee shall have no obligation during the D&C Work to xxxxx or remove any asbestos or asbestos-containing materials located in structures on the Premises that Lessee does not disturb during performance of the D&C Work and that is not otherwise required to be Remediated under Environmental Requirements. Any asbestos or asbestos-containing materials that remain in place in underground locations following the D&C Work shall be removed, encapsulated or otherwise abated if disturbed by future construction or excavation, or if otherwise required by Environmental Requirements. Any asbestos or asbestos-containing material that remains exposed above ground shall either be removed, encapsulated or otherwise abated if required by Environmental Requirements or may remain in place if inspected and maintained in a condition that permits continued use under Environmental Requirements.
Asbestos Remediation. If between the Effective Time and June 1, 1996 the Surviving Corporation shall be required under Environmental Laws to remove any asbestos from buildings or tenant improvements located on either of the parcels of Leased Real Property occupied by the Company as of the date hereof, such removal shall be conducted in a manner intended to minimize the cost thereof to the greatest extent reasonably possible under the circumstances while still complying with Environmental Laws relating to such removal.
Asbestos Remediation. The following provision shall be added to the Purchase Agreement as Section 7(e):
Asbestos Remediation. The ongoing and concurrent asbestos remediation efforts contracted by the Town of Oxford, CT are specifically excluded from the scope of the work of Catalyst Construction Services LLC, as defined by these Contract Documents, and is specifically the responsibility of others. Catalyst Construction Services LLC shall not be held liable or responsible for the asbestos abatement and remediation efforts conducted by others. The scope of the asbestos remediation efforts must be contained and isolated from the scope of the work, as defined in these Contract Documents, and Catalyst Construction Services LLC is hereby indemnified by the Town of Oxford, CT should any delays or issues arise on site during the scope and commencement of the work defined by these contract documents, as a result of the asbestos remediation efforts conducted by others. Any retainage as defined by Article 5.1.7, and further detailed in Article 5.1.7.1 shall not include any delays resulting from the concurrent and ongoing asbestos remediation efforts conducted by others. Should the asbestos abatement work conducted by others cause delays to this scope of the work as defined by these Contract Documents, Article 14 of the General Provisions of the AIA Document A201-2007 shall govern.
Asbestos Remediation. If any Clean-Up of any Existing Asbestos Containing Materials is required to be performed by any federal, state or local governmental entity and if the Doctors & Fort Worth Facilities will no longer be permitted under applicable law to operate for their Primary Intended Use unless such Clean-Up is performed (a “Required Asbestos Clean-Up”), then Lessee shall promptly notify Lessor of such Required Asbestos Clean-Up. Within thirty (30) days of the determination that a Required Asbestos Clean-Up must be done, Lessee shall provide Lessor with an estimate of the Asbestos Clean-Up Cost. Lessor shall fund one half of the Asbestos Clean-Up Cost (which funding may be in the form of an agreement to axxxx Base Rent for a period of time commencing on the date that Lessee commences the Required Asbestos Clean-Up). Lessee shall promptly undertake and diligently perform such Required Asbestos Clean-Up and, upon completion, shall provide Lessor with an accounting of all Asbestos Clean-Up Costs, including adequate evidence of payment by Lessee of such costs. Notwithstanding the foregoing, if such Required Asbestos Clean-Up would not have been required by, or otherwise come to the attention of, any governmental entity, but for the renovations or alterations of the Facility occurring after the Commencement Date or as a result of the actions or omissions of Lessee, a Sublessee, a Manager or other agent of Lessee, including the failure to abide by Asbestos Management Plans, then Lessor shall have no obligation to fund any portion of the Asbestos Clean-Up Costs and Lessee shall be solely responsible for such Required Asbestos Clean-Up. Lessee acknowledges receipt of copies of the Asbestos Management Plans. SCHEDULE C Excepted Facilities to Radius Restriction Alabama Westside Healthcare Huntsville, Alabama Windsor House Huntsville, Alabama Florida Golfview Nursing Home St. Petersburg, Florida
