ENVIRONMENTAL REVIEWS. TCI shall have received a report from an independent environmental consultant retained by TCI at its expense to conduct an environmental review of the Company's owned and leased sites, and such report shall not disclose any environmental condition that, in TCI's judgment, either (i) could be expected to have a Material Adverse Effect on the Company, or (ii) or poses any risk of a substantial liability to the Company.
ENVIRONMENTAL REVIEWS. In the ordinary course of its business, the Company periodically reviews the effect of Environmental Laws on the business, operations and properties of the Company and its subsidiaries, in the course of which it identifies and evaluates associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws, or any permit, license or approval, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such review, the Company has reasonably concluded that such associated costs and liabilities would not, individually or in the aggregate, have a Material Adverse Effect, except as set forth in or contemplated in the Registration Statement, the Time of Sale Information and the Prospectus.
ENVIRONMENTAL REVIEWS. LandCARE shall have received a report from an independent environmental consultant retained by LandCARE at its expense to conduct an environmental review of the Company's owned and leased sites, and such report shall not disclose any environmental condition that, in LandCARE's reasonable judgment, either (i) could be expected to have a Material Adverse Effect on the Company, or (ii) poses any risk of a substantial liability to the Company.
ENVIRONMENTAL REVIEWS. The Subrecipient shall be responsible for reviewing environmental documentation for all selected properties funded through the General Infrastructure Program to ensure compliance with 24 CFR Part 58. Once the Subrecipient has completed its review and all required public notification/comment period(s) are complete, the assessment packet will be forwarded to the Grantee for final review and submission of the Certification and Request for Release of Funds to HUD for approval. The Subrecipient agrees that it shall not commit any Grant Funds to a project until it has approval from the Grantee to do so and HUD has provided the Authority to Use Grant Funds. Before committing any funds, the Subrecipient must certify to the State that it has complied with all requirements and obligations that are set forth by 24 CFR Part 58. Further, the Subrecipient must submit all requested Evidentiary Material to the State for approval prior to the obligation of any funds. This agreement does not constitute an unconditional commitment of funds or site approval. The commitment of funds to the project may occur only upon satisfactory completion of the project’s environmental review in accordance with 24 CFR Part 58 and related environmental authorities. Provision of funding is further conditioned on the State’s determination to proceed with, modify, or cancel the project based on the results of the environmental review. The Subrecipient agrees to abide by the special conditions, mitigation measures or requirements identified in the State’s environmental approval and shall ensure that project contracts and other relevant documents will include such special conditions, mitigation measures or requirements. Until the State has approved the environmental review for the project, neither the Subrecipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance to the project or activity. The Subrecipient agrees to provide the State with all available environmental information about the project and any information which the State may request in connection with the conduct and preparation of the environmental review, including any reports of investigation or study which in the State’s opinion is needed to fulfill its obligations under HUD environmental requirements. The Subrecipient agrees to advise the State of any proposed change in the scope of the project or any change in environ...
ENVIRONMENTAL REVIEWS. On January 23, 2015, XXXX published a Notice of Availability (NOA) of an Environmental Assessment (EA) for commercial wind lease issuance and site assessment activities on the Atlantic OCS offshore North Carolina with a 30-day public comment period (80 FR 3621). In response to the NOA, XXXX received 195 comments, which are available at http:// xxx.xxxxxxxxxxx.xxx, Docket No. BOEM–2015–0001. Many of the comments focused on mitigation measures to protect wildlife, specifically marine mammals. Based on the comments received in response to the EA, public outreach, information meetings, and new information received, BOEM made revisions to the EA originally published in January 0000.Xx a result of the analysis in the revised EA, BOEM issued a Finding of No Significant Impact (FONSI) on September 18, 2015, (80 FR 56494). The revised EA and FONSI can be found at: xxxx://xxx.xxxx.xxx/North-Carolina/. In addition, BOEM has concluded consultations under the Endangered Species Act (ESA) with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (NMFS), and under the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act with NMFS, relating to the lease sale, associated site characterization surveys, and subsequent site assessment activities. In October 2016, the States of North Carolina and Virginia concurred with BOEM’s consistency determination under the Coastal Zone Management Act. On May 23, 2013, XXXX executed a programmatic agreement (PA) with the State Historic Preservation Officer of North Carolina and the Advisory Council on Historic Preservation to guide consultation under section 106 of the National Historic Preservation Act for renewable energy activities offshore North Carolina. The PA provides for consultation to continue throughout BOEM’s commercial leasing process and the decision-making process regarding the approval, approval with modification, or disapproval of a lessee’s Site Assessment Plan (SAP) and/or Construction and Operations Plan (COP). In addition, the PA allows for phased identification and evaluation of historic properties. The PA can be found at: xxxx://xxx.xxxx.xxx/South- Atlantic-Renewable-Energy-Activities/. On May 7, 2015, BOEM completed its section 106 review for issuing commercial leases within the North Carolina Wind Energy Areas (WEA) and published a Finding of No Historic Properties Affected For the Issuance of Commercial Leases within the Kitty Hawk, Wilmington East and Wilmington West Wind Energy Areas...
ENVIRONMENTAL REVIEWS. Seller has obtained and provided to the Sellera “Phase I Environmental Site Assessment Report for the Property prepared by Converse Consultants and dated December 27, 2013. As recommended in the Phase I Environmental Site Assessment Report, Seller has commissioned and shall deliver the report from a Phase II investigation within twenty (20) days of the Contract Date. In the event that Seller is not able to timely deliver the Phase II report required in this Section, the Due Diligence Period shall be extended until the earlier of: ten (10) days after receipt of the Environmental documents, or sixty (60) days after the Contract Date.
ENVIRONMENTAL REVIEWS. 34 9.16 OPTIONS.......................................................35
ENVIRONMENTAL REVIEWS. The Subrecipient shall be responsible for reviewing environmental documentation to ensure compliance with 24 CFR Part 58. Once the Subrecipient has completed its review and all required public notification/comment period(s) are complete, the assessment packet will be forwarded to the Grantee for final review and submission of the Certification and Request for Release of Funds to HUD for approval. The Subrecipient agrees that it shall not commit any Grant Funds to a project until it has approval from the Grantee to do so and HUD has issued the Authority to Use Grant Funds.
ENVIRONMENTAL REVIEWS. On August 1, 2023, XXXX published a notice of intent to prepare an environmental assessment (EA) to consider potential environmental consequences of site characterization activities (e.g., biological, archaeological, geological, and geophysical surveys and core samples) and site assessment activities (e.g., installation of meteorological buoys) that are expected to take place after issuance of wind energy leases in the Call Area. When scoping the EA, XXXX sought comments on the issues and alternatives that should inform the EA. XXXX received 104 comment submissions, which can be found at xxxxx://xxx.xxxxxxxxxxx.xxx under Docket No. BOEM-2023-0034. In addition to the preparation of the Draft EA, including compliance with threatened and endangered species requirements for certain data collection activities associated with OCS leasing (xxxxx://xxx.xxxx.xxx/sites/default/files/documents/renewable-energy/OSW- surveys-NLAA-programmatic.pdf), XXXX has initiated other required consultations under the Endangered Species Act, the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act, and the Coastal Zone Management Act. The EA and associated consultations will inform XXXX’s decision whether to proceed with the final sale notice (FSN). XXXX will solicit comments on the EA before it is finalized. BOEM will conduct additional environmental reviews upon receipt of a lessee’s Construction and Operations Plan (COP) if the proposed leases reach that stage of development.
ENVIRONMENTAL REVIEWS. On January 11, 2021, XXXX published a notice of intent to prepare an environmental assessment (EA) to consider potential environmental consequences of site characterization activities (e.g., biological, archaeological, geological, and geophysical surveys and core samples) and site assessment activities (e.g., installation of meteorological buoys) that are expected to take place after issuance of wind energy leases in the Call Area. As part of the scoping process for the EA, XXXX sought comments on the issues and alternatives that should inform the EA. XXXX received 18 comments, which can be found at xxxxx://xxx.xxxxxxxxxxx.xxx under Docket No. BOEM-2021-0092. In addition to the preparation of the Draft EA, XXXX completed consultations under the Endangered Species Act (ESA) and the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act (MSFCMA). On July 20, 2022, BOEM issued a press release soliciting comments on the Draft EA. During the comment period, XXXX held two virtual public meetings, one on August 9, 2022, and another on August 11, 2022. XXXX published the Final EA and Finding of No Significant Impact (FONSI) on May 26, 2023. These documents can be found at xxxxx://xxx.xxxx.xxx/renewable-energy/state-activities/gulf-mexico-activities. XXXX is also conducting environmental review, as well as consultation under the Coastal Zone Management Act (CZMA), prior to the GOMW-2 auction. BOEM will conduct additional environmental reviews upon receipt of a Lessee’s Construction and Operations Plan (COP) if one or more leases are issued and reach that stage of development. Offshore site assessment and site characterization activities proposed for the purpose of hydrogen, other than those covered in the GOM Wind Lease EA, will also be reviewed at a site-specific and on a case-by-case basis by XXXX. Lessees should coordinate with the BOEM Gulf of Mexico Regional Office before developing a survey plan.
