Engineering and Institutional Controls Sample Clauses

Engineering and Institutional Controls. Buyers and Sellers acknowledge that the Real Property is and will be subject to Engineering and Institutional Controls imposed in connection with previous, ongoing and future remedial activities taken or required pursuant to Environmental Law at the Real Property, including, as specifically set forth in the Special Warranty Deeds and any deeds in the chain of title for a Station Property that contain Engineering and Institutional Controls. Notwithstanding the foregoing, Sellers shall use commercially reasonable efforts to achieve NFA Status in a manner that minimizes the need for Engineering and Institutional Controls and Sellers shall maintain compliance with all Engineering and Institutional Controls, including consent orders, administrative orders and similar documents; provided that Buyers shall maintain, at Buyers’ cost and expense, already existing grass caps and impervious barriers such as concrete or asphalt.
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Engineering and Institutional Controls. Since remaining contamination is present at this Property, Engineering ControIs and InstitutionaI ControIs have been impIemented to protect pubIic heaIth and the environment for the appIicabIe future use. The ControIIed Property has the foIIowing Engineering ControIs: a perimeter containment system, a waterproofing/vapor barrier membrane, structuraI sIab, and buiIding foundation waIIs. A series of InstitutionaI ControIs are required to impIement, maintain, and monitor these Engineering ControIs. The Deed Restriction requires compIiance with these InstitutionaI ControIs, to ensure that: • AII Engineering ControIs must be operated and maintained as specified in this SMP; • AII Engineering ControIs on the Property must be inspected and certified at a frequency and in a manner defined in this SMP; and • Data and information pertinent to Site Management for the ControIIed Property must be reported at the frequency and in a manner defined in this SMP. The Deed Restriction use restrictions on the property are identified in Section 2.3 of this SMP. The Deed Restriction pIaces the foIIowing restrictions on the Property: • Use of groundwater underIying the Property is prohibited; • VegetabIe gardens are prohibited in soiIs on or from the Property; • AII future activities on the Property that wouId disturb remaining contaminated materiaI must be conducted in accordance with the Excavation Work PIan incIuded in this SMP; • The potentiaI for vapor intrusion must be evaIuated for any buiIdings deveIoped on the Site, and any potentiaI impacts that are identified must be mitigated; and • The Property may be used for residentiaI use, provided that the Iong-term Engineering and InstitutionaI ControIs described in the SMP remain in use. These EC/ICs are designed to: • Prevent ingestion/direct contact with contaminated soiI; • Prevent inhaIation of or exposure to contaminants voIatiIizing from contaminated soiI; • Prevent ingestion of groundwater with contaminant IeveIs that exceed drinking water standards; • Prevent contact with or inhaIation of voIatiIes from contaminated groundwater; and • Prevent contaminated groundwater from migrating off-site. If the West 18th Street Gas HoIder Station site-wide Site Management PIan contains additionaI provisions not addressed in this SMP or Deed Restriction, the Deed Restriction and SMP wiII be updated accordingIy. Current and future owners of the buiIding must fuIIy compIy with aII components of this SMP and the Deed Restriction. Any ...
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Engineering and Institutional Controls. Engineering and institutional controls will minimize the potential for human exposure to any residual contamination by restricting the development of the Site and use of Site resources. Such controls will also assure the proper hydraulic functioning of Gorst Creek and maintenance of the reconstructed ravine. An enforceable environmental covenant will be developed and recorded to implement such limitations. Construction Best Management Practices Appropriate and practicable construction Best Management Practices (BMPs) will be implemented during cleanup activities to protect workers, the community, and the environment from short-term construction impacts such as erosion and sedimentation, fugitive dust, noise, use of public roadways, and other similar potential impacts. Waste materials will be monitored continuously as they are uncovered during the removal action. Wastes will be evaluated by sampling and laboratory analysis, by field measurements, and by visual observations. Non-hazardous wastes such as inert construction debris will be reused, disposed of, or recycled in accordance with appropriate solid waste disposal or recycling requirements. Hazardous wastes will be segregated, transported and disposed appropriately with hazardous waste profile and waste manifest documentation. Greener Cleanup Best Management Practices Appropriate and practicable greener cleanup BMPs will be implemented, to the extent practicable, during cleanup activities, including, but not limited to, minimizing energy consumption (e.g., using new and well-maintained equipment), minimizing generation and transport of fugitive dust (e.g., implementation of construction BMPs), minimizing waste generation through reuse (e.g., concrete and riprap) and recycling (e.g., scrap metal), minimizing impacts to water resources (e.g., implementation of construction stormwater and surface water BMPs), minimizing areas requiring activity or use limitations (e.g., source removal), minimizing unnecessary soil and habitat disturbance, and minimizing lighting and noise disturbance (e.g., implementation of construction BMPs).
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Engineering and Institutional Controls. The Property is subject to the following engineering and institutional controls:
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Engineering and Institutional Controls. The Purchaser acknowledges that the Company Real Property and/or the Business Facilities are and may be subject to Engineering and Institutional Controls imposed in connection with previous and ongoing corrective action activities at the Company Real Property and/or the Business Facilities. The Purchaser and the Companies may need to consider the use of Engineering and Institutional Controls to prevent the migration of vapors and/or liquids containing Contamination into any buildings, underground utilities or storm water retention/detention ponds, including, without limitation, vapor extraction systems, vapor barriers, sealed sumps and storm pond liners. The Purchaser and the Companies shall maintain, preserve, and comply with all Engineering and Institutional Controls that are or may be in the future imposed on the Company Real Property and/or the Business Facilities in connection with the Remediation Activities or corrective action activities conducted prior or subsequent to the Closing Date.
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Related to Engineering and Institutional Controls

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

  • Foreign Asset/Account Reporting; Exchange Controls Participant’s country may have certain foreign asset and/or account reporting requirements and/or exchange controls which may affect Participant’s ability to acquire or hold shares of Stock under the Plan or cash received from participating in the Plan (including from any dividends received or sale proceeds arising from the sale of shares of Stock) in a brokerage or bank account outside Participant’s country. Participant may be required to report such accounts, assets or transactions to the tax or other authorities in his or her country. Participant also may be required to repatriate sale proceeds or other funds received as a result of Participant’s participation in the Plan to his or her country through a designated bank or broker and/or within a certain time after receipt. Participant acknowledges that it is his or her responsibility to be compliant with such regulations, and Participant should consult his or her personal legal advisor for any details.

  • Inspection and Access Landlord and its agents, representatives, and contractors may enter the Premises at any reasonable time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease and for any other business purpose. Landlord and Landlord’s representatives may enter the Premises during business hours on not less than 48 hours advance written notice (except in the case of emergencies in which case no such notice shall be required and such entry may be at any time) for the purpose of effecting any such repairs, inspecting the Premises, showing the Premises to prospective purchasers and, during the last year of the Term, to prospective tenants or for any other business purpose. Landlord may erect a suitable sign on the Premises stating the Premises are available to let or that the Project is available for sale. Landlord may grant easements, make public dedications, designate Common Areas and create restrictions on or about the Premises, provided that no such easement, dedication, designation or restriction materially, adversely affects Tenant’s use or occupancy of the Premises for the Permitted Use. At Landlord’s request, Tenant shall execute such instruments as may be necessary for such easements, dedications or restrictions. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided such escort does not materially and adversely affect Landlord’s access rights hereunder.

  • Internal Control Over Financial Reporting and Internal Accounting Controls The Company maintains (i) effective internal control over financial reporting as defined in Rules 13a-15 and 15d-15 under the Exchange Act, and (ii) a system of internal accounting controls sufficient to provide reasonable assurance that (A) transactions are executed in accordance with management’s general or specific authorizations; (B) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain asset accountability; (C) access to assets is permitted only in accordance with management’s general or specific authorization; and (D) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

  • Agreement Controls In the event that any term of any of the Loan Documents other than this Agreement conflicts with any express term of this Agreement, the terms and provisions of this Agreement shall control to the extent of such conflict.

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