Environmental Consultants. None of the environmental consultants which prepared environmental and asbestos inspection reports with respect to certain of the Properties was employed for such purpose on a contingent basis or has any substantial interest in the Company, the Operating Partnership or any Subsidiary and none of them nor any of their directors, officers or employees is connected with the Company, the Operating Partnership or any Subsidiary as a promoter, selling agent, voting trustee, director, officer or employee.
Environmental Consultants. The Contracting Officer may hire a third party Environmental Health and Safety (ES&H) professional to act as the on-site monitor for project performance with regard to hazardous material remediation activities, production methodologies and compliance with the Buyer's accepted Technical Compliance Plan. The Buyer shall allow the ES&H monitor reasonable access to the facility and all records relating to the dismantlement and disposal of the Obsolete Vessel, on a daily basis, as determined by the Government.
Environmental Consultants. Buyer may retain one or more outside environmental consultants to assist in its environmental due diligence concerning the Assets and shall notify Seller of the environmental consultant or consultants Buyer intends to retain. Thereafter, Seller shall have five (5) days after receipt of such notification to notify Buyer in writing of Seller's objection (which must be for good cause) and substantiate the basis for that objection. If Seller does not object for good cause and substantiate that objection within said five (5) day period, Seller shall be deemed to have consented to Buyer's selection.
Environmental Consultants. As promptly as practicable (but in no event later than 40 days) after the date hereof, (a) Intel shall select and engage the Environmental Consultant to conduct the ST Environmental Reports and (b) ST shall select and engage the Environmental Consultant to conduct the Intel Environmental Reports.
Environmental Consultants. As of the date hereof, the Parties acknowledge that neither Party has engaged an environmental consultant to investigate, or prepared or obtained an environmental report with respect to, the Y5 Facility or Other Y5 Facility (as defined below). Subject to Section 2.2, each of SanDisk and Toshiba will engage an environmental consulting company to conduct an environmental investigation on its behalf as to the surface and subsurface conditions existing on or immediately adjacent to the proposed site of the Y5 Facility and other new land to be acquired or leased by Toshiba for the purpose of the Y5 Facility’s operation (such new land to be acquired or leased, the “Other Y5 Facility”) (each a “Consultant” and the Consultant engaged by SanDisk, the “SanDisk Consultant” and the Consultant engaged by Toshiba, the “Toshiba Consultant”). SanDisk shall be solely responsible for the fees and costs charged by the SanDisk Consultant and shall indemnify and hold harmless Toshiba and the Company from any claims for compensation or damages made by the SanDisk Consultant. Toshiba shall be solely responsible for the fees and costs charged by the Toshiba Consultant and shall indemnify and hold harmless SanDisk and the Company from any claims for compensation or damages made by the Toshiba Consultant; provided, however, that fees and costs incurred by the Toshiba Consultant after the Closing and other than in connection with finalizing the Y5 Baseline Environmental Report (as defined below) shall be chargeable to and payable by the Company, which fees and costs shall be chargeable to and payable by the Parties through wafer price increases.
Environmental Consultants. The Parties acknowledge that each of SanDisk and Toshiba has engaged an environmental consulting company to conduct an environmental investigation on its behalf as to the surface and subsurface conditions existing on or immediately adjacent to the proposed site of the Y4 Facility and other new land to be acquired or leased by Toshiba for the purpose of the Y4 Facility’s operation including the parking lot (such new land to be acquired or leased, the “Other Y4 Facility”) (each a “Consultant” and the Consultant engaged by SanDisk, the “SanDisk Consultant” and the Consultant engaged by Toshiba, the “Toshiba Consultant”). SanDisk shall be solely responsible for the fees and costs charged by the SanDisk Consultant and shall indemnify and hold harmless Toshiba and the Company from any claims for compensation or damages made by the SanDisk Consultant. Toshiba shall be solely responsible for the fees and costs charged by the Toshiba Consultant and shall indemnify and hold harmless SanDisk and the Company from any claims for compensation or damages made by the Toshiba Consultant; provided, however, that fees and costs incurred by the Toshiba Consultant after the Closing and other than in connection with finalizing the Y4 Baseline Environmental Report (as defined below) shall be chargeable to and payable by the Company, which fees and costs shall be chargeable to and payable by the Parties through wafer price increases.
Environmental Consultants. None of the environmental consultants which prepared environmental and asbestos inspection reports with respect to certain of the Portfolio
Environmental Consultants. The Bank shall be satisfied that (a) the U.S. Borrower has engaged appropriate consultants to perform environmental due diligence on all domestic real estate owned by the Credit Parties (other than the real estate relating to the financing which is the subject of the Participation Agreement) and (b) such environmental due diligence will be completed in form and substance satisfactory to the Bank prior to June 15, 2000.
Environmental Consultants. The Parties acknowledge that each of SanDisk and Toshiba has engaged an environmental consulting company to conduct an environmental investigation on its behalf as to the surface and subsurface conditions existing on the proposed site of the Y3 Facility (each a "Consultant" and the Consultant engaged by SanDisk, the "SanDisk Consultant" and the Consultant engaged by Toshiba (the "Toshiba Consultant"). SanDisk shall be solely responsible for the fees and costs charged by the SanDisk Consultant and shall indemnify and hold harmless Toshiba and the Company from any claims for compensation or damages made by the SanDisk Consultant. Toshiba shall be solely responsible for the fees and costs charged by the Toshiba Consultant and shall indemnify and hold harmless SanDisk and the Company from any claims for compensation or damages made by the Toshiba Consultant; provided, however, that fees and costs incurred by the Toshiba Consultant after the Closing and other than in connection with finalizing the Baseline Environmental Report (as defined below) shall be chargeable to and payable by the Company, which fees and costs shall be chargeable to and payable by the Parties through wafer price increases.
Environmental Consultants. None of the environmental consultants which prepared environmental and asbestos inspection reports with respect to certain of the Portfolio Properties was employed for such purpose on a contingent basis or has any substantial interest in any Simon DeBartolo Entity or any Property Partnership and none of xxxx xxx any of their directors, officers or employees is connected with any Simon DeBartolo Entity or any Property Partnership as a xxxxxxxx, xxxxxxx agent, voting trustee, director, officer or employee.
