Environmental Condition of the Site. The environmental condition of the Site and Improvements shall be reasonably acceptable to Developer and Developer shall not have elected to terminate this Agreement pursuant to Section 2.3.3.
Environmental Condition of the Site. Except as set forth in the Environmental Audit described in Section 6.1(vi) of the Participation Agreement or as could not reasonably be expected to result in a Material Adverse Effect:
Environmental Condition of the Site. Except as set forth in the Environmental Audit described in Section 6.1(vi) or any other environmental report delivered to the Participants (whether or not addressed to the Participants) before the Document Closing Date,
Environmental Condition of the Site. Based on the disclosure of the City as described in (a) above, and the Developer’s investigation of the Site, it is acknowledged by the parties that the List of Environmental Condition Documents disclose that: (i) the Xxxxxxxx Landfill was formerly used for disposal of primarily construction debris and demolition wastes, (ii) the Sparks Landfill was formerly used for the disposal of primarily solid waste, (iii) the Xxxxx Mud Pit was formerly used for the disposal of oil well drilling fluid and other liquid wastes, and (iv) Landfill Gases, including methane, associated with the Xxxxxxxx Landfill and the Sparks Landfill are presently being mitigated using Landfill Gas collection systems.
Environmental Condition of the Site. Based on the disclosure of the City as described in (a) above, and the Developer’s investigation of the Site, it is acknowledged by the parties that the List of Environmental Condition Documents disclose that: (i) the Xxxxxxxx Landfill was formerly used for disposal of primarily construction debris and demolition wastes, (ii) the Sparks Landfill was formerly used for the disposal of primarily solid waste, (iii) the Xxxxx Mud Pit was formerly used for the disposal of oil well drilling fluid and other liquid wastes, and (iv) Landfill Gases, including methane, associated with the Xxxxxxxx Landfill and the Sparks Landfill are presently being mitigated using Landfill Gas collection systems. Subject to the satisfaction of the conditions set forth in Section 205.2(g), the Developer shall be deemed to have approved the Environmental Condition of the Site.
Environmental Condition of the Site. Authority has delivered to Developer any and all Environmental Reports relating to the Site and the Improvements in the Authority’s possession. A list of the Environmental Reports delivered to Developer and Environmental Reports to be prepared, copies of which shall be delivered to Developer promptly upon receipt and approval thereof by Authority, is set forth in Attachment No. 15, which is attached hereto and incorporated herein. Except as disclosed in the Environmental Reports delivered to Developer, Authority represents to Developer that it is not aware of, to its Best Knowledge, and it has not received any additional or unrelated notice or communication from any governmental agency having jurisdiction over the Site or Improvements, notifying it of the presence of Hazardous Materials in, on, or under the Site or Improvements, or any portion thereof. At all times relevant to this Agreement or the Ground Lease, Developer agrees to provide Authority with any additional supplemental or updated documents relating to the physical and/or environmental condition of the Site and Improvements, including those relating to the soils and groundwater, which are received by Developer.
Environmental Condition of the Site. Based on the disclosure of the Agency as described in (a) above, and the Developer’s heretofore investigation of the Site, it is acknowledged by the parties that the List of Environmental Condition Documents disclose that:
Environmental Condition of the Site. The Company shall, without limitation, indemnify Issuer with respect to any and all claims, damage, losses or liabilities relating to any environmental matters, including any pre-Closing or post-Closing contamination discovered on, under, at or migrating from the Site; provided that if a court of competent jurisdiction determines that any of the provisions of such indemnity violate O.C.G.A. § 13-8-2 and are applicable to this Agreement, the indemnity contained in this Section shall not extend to any indemnification which is prohibited by O.C.G.A. § 13-8-2. Said indemnity shall survive the Closing and the expiration or termination of the Bond Lease (defined below)..
Environmental Condition of the Site. The environmental condition of the Site shall be reasonably acceptable to Authority, as determined by the Executive Director in her reasonable discretion and based in part on the Health Risk Assessment which shall have been conducted for the Site as set forth in Section 207.1. In addition, the RAP and the Supplemental RAP shall have been approved by OCHCA, RWQCB, and/or the Department of Toxic Substances Control, as applicable and Developer shall be prepared and ready to cause the Environmental Remediation pursuant to such approved RAPs. Developer shall have provided Authority with true, accurate, and complete copies of each of the Environmental Reports relating to the Site in Developer’s possession or known by Developer to exist.
Environmental Condition of the Site. Except as set forth in the Environmental Audit described in Section 6.1(vi),
