Environmental Remediation Work Sample Clauses

Environmental Remediation Work. At the City’s sole cost and expense, the City shall engage and retain such additional qualified and experienced engineers, consultants and contractors (which shall be reasonably acceptable to Developer) as are necessary to remove and dispose of off-site, in strict accordance with Environmental Laws, any asbestos-containing materials, lead-based paint, and/or other Hazardous Materials located on the Property (collectively, the “City Environmental Work Plan”). The City Environmental Work Plan shall also include but not be limited to the supplemental investigation and/or remediation (to case closure or functional equivalent) of any additional Hazardous Materials discovered or disclosed in the course of the City’s performance of the City Environmental Work Plan, if any.
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Environmental Remediation Work. As further described in Section 2.8 below, prior to the expiration of the Inspection Period, Purchaser and Seller intend to enter into an Environmental Remediation Agreement in a form mutually acceptable to Purchaser and Seller (the “Remediation Agreement”), pursuant to which Seller shall, from and after the execution of the Remediation Agreement and continuing beyond the Closing, perform certain remediation and groundwater monitoring activities (the “Remediation Work”) with respect to certain Hazardous Substances (defined in Section 5.1(f)) on and beneath the Real Property, all to be more particularly described in the Remediation Agreement. Notwithstanding any provision of this Agreement to the contrary, Purchaser’s obligation to proceed to Closing is conditioned upon Seller having: (i) installed structural fill to all areas excavated as part of the Remediation Work to current grade in a manner reasonably acceptable to Purchaser, (ii) completed at least one (1) round of groundwater sampling indicating the absence of any Hazardous Substances on or beneath the Real Property in excess of any applicable cleanup levels, and (iii) obtained Purchaser’s written approval of the proposed locations of any groundwater monitoring xxxxx to be installed within the Real Property as part of the Remediation Work and Seller’s plan for installing the same and such approval shall not be unreasonably withheld (the “Remediation Contingency”). Seller shall use commercially reasonable efforts to satisfy the Remediation Contingency as soon as reasonably practicable after the Effective Date, but not later than May 1, 2018. If Seller fails to satisfy the Remediation Contingency by May 1, 2018, Purchaser may terminate this Agreement by delivering written notice to Seller and Escrow Agent not later than May 10, 2018, in which case Escrow Agent shall immediately return the Xxxxxxx Money to Purchaser and neither party will have any further obligation to the other, except for those that expressly survive the termination of this Agreement.
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Environmental Remediation Work. As further described in Section 2.7 below, Purchaser and Seller intend to enter into an Environmental Remediation Agreement in a form mutually acceptable to Purchaser and Seller (the “Remediation Agreement”), pursuant to which Seller shall, from and after the Effective Date and continuing beyond the Closing, perform certain environmental remediation and monitoring activities (the “Remediation Work”) with respect to certain Hazardous Substances (defined in Section 5.1(f)) on and beneath the Real Property, all as more particularly described in the Remediation Agreement.
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Environmental Remediation Work. (a) Reference is made to that certain Site Investigation Report dated May 2010 and prepared by the PMK Group, Inc., a business unit of Xxxxxxxx Services Group (“BSG- PMK”), setting forth the Phase II environmental assessment findings for the Property (the “Phase and certain environmental conditions on the Property (the “Environmental Conditions”).
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Environmental Remediation Work. During the Trust Period, the Purchaser and its authorized representatives shall be authorized to perform certain remediation work on the tailings dam of the Stock Mill Complex as required by the MNDM to satisfy work orders set out in Schedule "C" attached hereto, provided that the Purchaser acknowledges and agrees that it shall not be entitled to be indemnified by the Vendor for any costs it incurs pursuant to this section 6.1(c).
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Related to Environmental Remediation Work

  • 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.

  • Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Environmental Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Environmental Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material.

  • Environmental Review (a) Buyer shall have the right to conduct or cause a consultant (“Buyer’s Environmental Consultant”) to conduct an environmental review of the Assets and Seller’s records pertaining to the Assets (as set forth in Section 3.01) prior to the expiration of the Examination Period (“Buyer’s Environmental Review”). The cost and expense of Buyer’s Environmental Review, if any, shall be borne solely by Buyer. The scope of work comprising Buyer’s Environmental Review shall not include any intrusive test or procedure without the prior written consent of Seller. Buyer shall (and shall cause Buyer’s Environmental Consultant to): (i) consult with Seller before conducting any work comprising Buyer’s Environmental Review, (ii) perform all such work in a safe and workmanlike manner and so as to not unreasonably interfere with Seller’s operations and (iii) comply with all applicable laws, rules, and regulations. Seller shall use commercially reasonable efforts to obtain any Third Party consents and otherwise cooperate with Buyer in conducting Buyer’s Environmental Review and any activities related thereto. Seller shall have the right to have a representative or representatives accompany Buyer and Buyer’s Environmental Consultant at all times during Buyer’s Environmental Review. With respect to any samples taken in connection with Buyer’s Environmental Review, Buyer shall take split samples, providing one of each such sample, properly labeled and identified, to Seller. The Parties shall execute a “common undertaking” letter regarding the confidentiality for the Environmental Review where appropriate. Buyer hereby agrees to release, defend, indemnify and hold harmless Seller from and against all claims, losses, damages, costs, expenses, causes of action and judgments of any kind or character (INCLUDING THOSE RESULTING FROM SELLER’S SOLE, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY) to the extent arising out of Buyer’s Environmental Review. Buyer hereby covenants and agrees that it will have at least $2,000,000 of general liability insurance to cover its indemnification hereunder prior to the commencement of the Environmental Review.

  • Environmental Audits There are no environmental audits, evaluations, assessments, studies or tests relating to the Corporation except for ongoing assessments conducted by or on behalf of the Corporation in the ordinary course.

  • Remediation The Charter School shall provide remediation in required cases pursuant to State Board of Education Rule 160-4-5-.01 and No Child Left Behind, subject to any amendment, waiver or reauthorization thereof

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Lessee Remediation Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.

  • Environmental Audit Upon reasonable notice, Director shall have the right but not the obligation to conduct or cause to be conducted by a firm acceptable to Director, an environmental audit or any other appropriate investigation of the Premises for possible environmental contamination. Such investigation may include environmental sampling and equipment and facility testing, including the testing of secondary contamination. No such testing or investigation shall limit Tenant’s obligations hereunder or constitute a release of Tenant’s obligations therefor. Tenant shall pay all costs associated with said investigation in the event such investigation shall disclose any Hazardous Materials contamination as to which Tenant is liable hereunder.

  • Environmental Release The Borrower agrees that upon the occurrence of an Environmental Release at or on any of the Properties it will act immediately to investigate the extent of, and to take appropriate remedial action to eliminate, such Environmental Release, whether or not ordered or otherwise directed to do so by any Environmental Authority.

  • Environmental Condition None of Borrower's or any Subsidiary's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law; to the best of Borrower's knowledge, none of Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any action or omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

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