Environmental Investigation. (a) Acquiror may, in its discretion, within thirty (30) Business Days of the date of this Agreement, require the Company to order, at Acquiror’s expense, a Phase I environmental site assessment to be delivered only to Acquiror for each parcel of real property in which the Company or an Acquired Subsidiary holds an interest or formerly held an interest (each a “Phase I Report”), conducted by an independent professional consultant reasonably acceptable to Acquiror to determine if any real property in which the Company or any Acquired Subsidiary holds any interest or formerly held an interest contains or gives evidence of any adverse environmental condition or any violations of Environmental Laws on any such property. If a Phase I Report discloses any violations or adverse environmental conditions, or reports a reasonable suspicion thereof, then Acquiror may promptly obtain, at the expense of the Company and Acquiror, shared equally, a Phase II environmental report with respect to any affected property which report shall contain an estimate of the cost of any remediation or other follow-up work that may be necessary to address those violations or conditions in accordance with applicable laws and regulations (each a “Phase II Report,” and collectively referred to with the associated Phase I Report, an “Environmental Report”). Acquiror shall have no duty to act upon any information produced by an Environmental Report for the benefit of the Company, any Acquired Subsidiary or any other Person, but shall provide such information to the Company upon the Company’s request.
Environmental Investigation. The Borrowers or any of PLC’s Subsidiaries shall be the subject of any proceedings or investigation of any toxic or hazardous waste or substance into the environment, or any violation of any federal, state or local environmental, health or safety law or regulation, which, in either case, could reasonably be expected to have a Material Adverse Effect.
Environmental Investigation. (a) If any Phase I Report indicates the presence of any hazardous substance with respect to any Owned Real Estate, and such presence is a condition that requires remediation pursuant to appropriate governmental standards, then, at Purchaser's request made in writing to Seller within ten (10) days after the date of this Agreement, and at Purchaser's sole cost and expense, Seller shall arrange to cause a consultant approved by both Seller and Purchaser to conduct a Phase II environmental audit as to such hazardous substance and deliver to Seller and Purchaser the results of such audit within forty-five days after the request by Purchaser. If the Phase II audit report confirms that such presence requires remediation pursuant to appropriate governmental standards and if such presence, if not remediated, would materially adversely affect the business of the Branch situated upon the Owned Real Estate and Purchaser requests that Seller take remedial action with respect thereto, then Purchaser shall so notify Seller in writing promptly after receipt of the Phase II environmental audit report, whereupon Seller shall have the right to (i) terminate this Agreement as it relates to the Assets and Liabilities of the affected Branch, (ii) undertake remedial action as to such presence at its sole cost and expense so that no material continuing violation of any environmental law exists (provided, however, that the timing of any such remediation shall be coordinated with Purchaser to minimize any resulting business interruption), or (iii) agree to indemnify Purchaser for all actual costs and expenses incurred by Purchaser to remediate the Owned Real Estate as to such presence so that no material continuing violation of any environmental law exists.
Environmental Investigation. Pursuant to the terms described below, Purchaser shall commence, if it desires, and be permitted to conduct environmental assessments of: (a) any or all parcels of Company Real Property and Company-Leased Property; and (b) any real property acquired or leased by Company or any of the Company Subsidiaries after the date of this Plan of Merger (each of (a) and (b) an "Investigated Property"). As to each Investigated Property:
Environmental Investigation. The Bank shall provide Landmark with copies of any environmental reports it has obtained or received with respect to the Real Estate, the Overland Park Property and the Fort Sxxxx Property within five (5) Business Days after the Agreement Date. Landmark, in its discretion, within thirty (30) days after the Agreement Date, shall order, at Landmark’s expense, a Phase I Environmental Site Assessment conducted by an independent professional consultant to determine if any Real Estate, the Overland Park Property or the Fort Sxxxx Property contains or gives evidence that any violations of Environmental Laws have occurred on any such property. If the Phase I Environmental Site Assessment discloses any "Recognized Environmental Conditions" as defined by ASTM E 1527-05, then Landmark may obtain, at the Bank’s expense, a Phase II environmental investigation report with respect to the Recognized Environmental Conditions or confirmed violations of Environmental Laws as described in such reports, which report shall contain an estimate of the cost of any remediation or other follow-up work that may be required to address those Recognized Environmental Conditions in accordance with Environmental Laws. Landmark shall have fifteen (15) Business Days from the receipt of any such environmental reports to notify the Bank of any Recognized Environmental Conditions or confirmed violations of Environmental Laws as described in such reports. Should the cost of taking all remedial or other corrective actions and measures with respect to all Real Estate, the Overland Park Property and the Fort Sxxxx Property, in the aggregate (i) required by applicable Environmental Law and recommended by such report or reports due to serious life, health, environmental or safety concerns, in the aggregate, exceed the sum of $150,000, as reasonably estimated by an environmental remediation expert retained for such purpose by Landmark and reasonably acceptable to the Bank, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, such circumstances shall be deemed an “Environmental Problem.” Upon the occurrence of an Environmental Problem, Landmark shall have the right to elect not to purchase in the Merger the Real Estate, the Overland Park Property or the Fort Sxxxx Property, as applicable, affected by the Environmental Problem by giving written notice to the Bank within thirty (30) days from Landm...
Environmental Investigation. (a) EQBK and its consultants, agents and representatives will have the right, to the same extent that Xxxxx has the right, if any, but not the obligation or responsibility, to inspect any Property, including conducting asbestos surveys and sampling, environmental assessments and investigations, and other environmental surveys and analyses including soil and ground sampling (“Environmental Inspections”) at any time on or prior to the date that is forty-five (45) days after the date of this Agreement. EQBK will notify Xxxxx prior to any physical inspections of the Property, and Xxxxx may place reasonable restrictions on the time of such inspections. If, as a result of any such Environmental Inspection, further investigation (“Secondary Investigation”) including, test borings, soil, water and other sampling is deemed desirable by EQBK, EQBK will (i) notify Xxxxx of any Property for which it intends to conduct such a Secondary Investigation and the reasons for such Secondary Investigation, and (ii) commence such Secondary Investigation, on or prior to the date that is seventy-five (75) days after the date of this Agreement. EQBK will give reasonable notice to Xxxxx of such Secondary Investigations, and Xxxxx may place reasonable time and place restrictions on such Secondary Investigations. After completing the Environmental Inspections and Secondary Investigation contemplated by this Agreement, EQBK shall remove the equipment and restore any part of the Property that was affected by its activities to a condition that is reasonably similar to the condition of the Property at the time immediately preceding the commencement of said activities.
Environmental Investigation. (a) Heritage shall engage an environmental consultant acceptable to Acquiror to conduct a preliminary ("Phase I") environmental assessment of each of the parcels of real estate used in the operation of the businesses of Heritage and any Heritage Subsidiary and any other real estate owned by Heritage or a Heritage Subsidiary (other than single family residences). The fees and expenses of the consultant with respect to the Phase I assessments shall be shared equally by Acquiror and Heritage. The consultant shall complete and deliver the Phase I assessments not later than 60 days after the date of this Agreement. If any environmental conditions are found, suspected, or would tend to be indicated by the report of the consultant which may be contrary to the representations and warranties of Heritage set forth herein without regard to any exceptions that may be contained in Heritage's Schedules, then the parties shall obtain from one or more mutually acceptable consultants or contractors, as appropriate, an estimate of the cost of any further environmental investigation, sampling, analysis, remediation or other follow-up work that may be necessary to address those conditions in accordance with applicable laws and regulations.
Environmental Investigation. Purchaser shall have the right to obtain a Phase I Environmental Evaluation and soils investigation by parties acceptable to Purchaser. The cost of such investigation shall be paid equally by Purchaser and Seller in the event that Purchaser desires to obtain environmental and/or soils investigation. Purchaser shall obtain such report(s) within thirty (30) days following the date of full execution of this Agreement and shall have thirty (30) days after receipt of such report(s) to terminate this Agreement if the report(s) reveals a condition affecting the property which is unacceptable to the Purchaser in the Purchaser's sole discretion. Purchaser shall make arrangements for such investigation.
Environmental Investigation. Buyer shall have the right, at its sole cost and expense, to (i) conduct tests of the soil surface or subsurface waters and air quality at, in, on, beneath or about the Facilities, and to conduct such other procedures as may be recommended by an environmental consultant engaged by Buyer based on its professional judgment, in a manner consistent with good engineering practice, (ii) inspect records, reports, permits, applications, monitoring results, studies, correspondence, data, historical information and any other information or documents relevant to environmental conditions or environmental noncompliance and (iii) inspect all buildings and equipment at the Facilities including, without limitation, the visual inspection of the physical plants for asbestos-containing construction materials; provided that in each -------- case, such tests and inspections shall be conducted only (A) during regular business hours and upon reasonable notice and (B) in a manner that will not materially interfere with the operation of the business of the Companies and/or the use of, access to or egress from the Facilities. Shareholders shall make available such Personnel, attorneys and consultants of the Companies for such discussions regarding the environmental condition and compliance of the Facilities as the Buyer shall reasonably request.
Environmental Investigation. (a) MAF shall engage a mutually acceptable environmental consultant to conduct a preliminary ("Phase I") environmental assessment of each of the parcels of real estate used in the operation of the businesses of Bancorp and First Federal and any other real estate owned by Bancorp. The fees and expenses of the consultant with respect to the Phase I assessments shall be paid by MAF. The consultant shall complete and deliver the Phase I assessments not later than sixty (60) days after the date of this Agreement. If any environmental conditions are found or suspected or would tend to be indicated by the report of the consultant which may be contrary to the representations and warranties of Bancorp set forth herein without regard to any exceptions that may be contained in the Bancorp Disclosure Schedule, then the parties shall obtain from one or more mutually acceptable consultants or contractors, as appropriate, an estimate of the cost of any further environmental investigation, sampling, analysis, remediation, or other follow-up work that may be necessary to address those conditions in accordance with applicable laws and regulations.
