Control and Conduct of Remediation Activities relating to SSA Retained Marketing Remediation Liabilities Sample Clauses

Control and Conduct of Remediation Activities relating to SSA Retained Marketing Remediation Liabilities. As between the Parties, SSA shall have the right to direct and control any Remediation Activities relating to any SSA Retained Marketing Remediation Liabilities. Any such Remediation Activities as to which SSA elects (by written notice to NT Retail) to direct and control are referred to herein as a “SSA Controlled Remediation Activity.” With respect to each SSA Controlled Remediation Activity, all discussions, negotiations and proceedings with Governmental Authorities and other Third Persons, and all filings with or other reports made to any Governmental Authority, shall be conducted or effected by SSA. NT Retail shall have the right to attend any such discussions, negotiations or proceedings at its own expense, and SSA shall, to the extent reasonably practicable, provide NT Retail with at least ten Business Days notice in advance of any such discussions or meeting in order to allow NT Retail the opportunity to attend the same. With respect to each SSA Controlled Remediation Activity: (i) SSA shall provide NT Retail with copies of any reports, studies, notices or filings regarding the Remediation Activities prior to filing or otherwise submitting them to any applicable Government Authority and shall allow NT Retail a reasonable opportunity to review them and, if requested, shall give reasonable consideration to any comments of NT Retail prior to making such submittal to such Governmental Authority; (ii) SSA shall, from time to time and as may be reasonably requested by NT Retail, provide reasonable details to NT Retail regarding the status of the Remediation Activities; (iii) SSA shall not voluntarily enter into any judgment, settlement or resolution with respect to such Remediation Activity which would reasonably be expected to result in the imposition of requirements on NT Retail which would reasonably be expected to materially interfere with the ordinary conduct of business at any Marketing Site without the prior written consent of NT Retail, which consent may not be unreasonably withheld, conditioned or delayed, and (iv) SSA shall conduct such Remediation Activities in a manner such that they meet the requirements of any applicable Existing Marketing Soil & Groundwater Consent Decree or any other applicable Consent Decree, in each case as the same may hereafter be amended or modified (or, if there is no such Consent Decree with respect to any such Remediation Activities, conduct such Remediation Activities in a manner such that they meet the requiremen...
Sample 1
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Related to Control and Conduct of Remediation Activities relating to SSA Retained Marketing Remediation Liabilities

  • Remedial Actions Relating to Hazardous Materials Activities Borrower shall, in compliance with all applicable Environmental Laws, promptly undertake, and shall cause each of its Subsidiaries promptly to undertake, any and all investigations, studies, sampling, testing, abatement, cleanup, removal, remediation or other response actions necessary to remove, remediate, clean up or xxxxx any Hazardous Materials Activity on, under or about any Facility that is in violation of any Environmental Laws or that presents a material risk of giving rise to an Environmental Claim. If Borrower or any of its Subsidiaries undertakes any such action with respect to any Hazardous Materials, Borrower or such Subsidiary shall conduct and complete such action in compliance with all applicable Environmental Laws and in accordance with the policies, orders and directives of all federal, state and local Government Authorities except when, and only to the extent that, Borrower’s or such Subsidiary’s liability with respect to such Hazardous Materials Activity is being diligently contested in good faith and by appropriate proceedings by Borrower or such Subsidiary.

  • Environmental and Safety Matters Except as disclosed in Schedule 4.13:

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Environmental, Health and Safety Matters (a) The Company has complied and is in compliance with all Environmental, Health, and Safety Requirements.

  • Litigation and Related Matters The commencement of, or any material development in, any action, suit, proceeding or investigation affecting the Borrower or any of its Subsidiaries or any of their respective properties before any arbitrator or Governmental Authority, (i) in which the amount involved that the Borrower reasonably determines is not covered by insurance or other indemnity arrangement is $50,000,000 or more, (ii) with respect to any Document or any material Indebtedness or preferred stock of the Borrower or any of its Subsidiaries or (iii) which, if determined adversely to the Borrower or any of its Subsidiaries, could reasonably be expected to have a Material Adverse Effect.

  • Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager:

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

  • Litigation and Environmental Matters (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Restricted Subsidiaries which would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

  • Litigation and Orders There is no Proceeding pending or, to Buyer’s Knowledge, Threatened against Buyer, as of the date of this Agreement, that, if decided adversely to Buyer, will materially and adversely affect Buyer’s ability to consummate the transactions contemplated herein. As of the date of this Agreement, Buyer is not subject to any Order that will materially and adversely affect Buyer’s ability to consummate the transactions contemplated herein.

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