Environmental Testing. When an environmental concern exists that requires testing/sampling, to the extent possible, such testing will be performed and signed off jointly. Where testing is performed by a third party, the findings and any resulting action plans will be shared with the Joint Health & Safety Committee.
Environmental Testing. When an environmental concern exists that requires testing/sampling, to the extent possible, such testing will be performed and signed off jointly. Training of the Joint Health & Safety Committee members for testing will be provided. Where testing is performed by a third party, the findings and any resulting action plans will be shared with the Joint Health & Safety Committee. The JHSC worker member will be in attendance.
Environmental Testing. Seller shall provide Purchaser copies of each of the Phase I Site Assessments prepared for the Facilities by EMG (the "Existing Site Assessments"), each of which are dated August 22, 1997. Purchaser may, at its option and expense, have the Existing Site Assessments addressed and certified to Purchaser, in which event Seller agrees to cooperate with Purchaser in obtaining such recertifications. In the event Purchaser desires further testing, Seller hereby grants to Purchaser and its agents the right to enter upon the Premises at any reasonable time or times after the Effective Date to conduct, at Purchaser's sole cost and expense, such further inspections, investigations, and tests as are necessary to complete Purchaser's own Preliminary Environmental Site Assessment ("PESA") at each Facility. If any such PESA shall indicate that any Hazardous Material may be located at the Premises, Seller hereby grants to Purchaser and its agents the right to conduct such additional inspections, investigations and tests of the Premises, including, without limitation, test borings, to determine whether, in fact, any Hazardous Material is located at the Premises. In connection with the conduct of such PESA's and any further testing warranted thereby (collectively, the "Environmental Testing"), Purchaser agrees, at Purchaser's sole cost and expense, to repair any damage to the Premises resulting from such Environmental Testing. Purchaser shall hold confidential the information in the Existing Site Assessments and results of the Environmental Testing in the event Purchaser does not close the transaction contemplated by this Agreement; provided, however, that in the event any Hazardous Material is discovered at the Premises and Purchaser is required by law to disclose such finding to governmental authorities, Purchaser shall have the right to disclose such finding to such authorities without liability to Purchaser; provided, further, that Purchaser shall disclose such findings to Seller prior to disclosure of such findings to any governmental authorities.
Environmental Testing. Seller shall permit and assist Buyer in the performance of any environmental surveys, sampling and assessments of the Real Property and of the soil from the Real Property it deems appropriate for the purpose of identifying the presence on or in the Real Property of any Hazardous Substance in violation of any Environmental Law. Buyer shall pay all costs associated with such surveys, sampling and assessments.
Environmental Testing. A process by which the design or change to a design of a civil aeronautical product is evaluated for compliance with applicable standards and procedures concerning noise, fuel venting or exhaust emissions.
Environmental Testing. Buyer agrees to provide to Seller for Seller’s prior approval the scope of any proposed Testing with respect to Hazardous Materials (as hereinafter defined) (any such testing, the “Environmental Testing”). Seller’s approval of the proposed scope of any Environmental Testing shall not be unreasonably withheld or delayed. If Buyer takes any samples from the Property in connection with any Environmental Testing, Seller shall be permitted to take split samples, and Buyer shall provide to Seller a portion of any sample being tested to allow Seller, if Seller so chooses, to perform its own testing. Notwithstanding the foregoing, Buyer shall not be required to seek approval or consent for a Phase I environmental report.
Environmental Testing. (a) Until the expiration of Seller’s obligation to conduct Seller Remediation Activities, or until the Company provides notice of a Company Assumption pursuant to Section 4.01(a) (but only to the extent necessary to conduct the Corrective Action that is subject to the Company Assumption), the Company shall not directly or indirectly, initiate or conduct Environmental Testing of the Assets. Notwithstanding the preceding sentence, the Company may conduct Environmental Testing of the Assets in the event (i) such Environmental Testing is performed in the ordinary course of business of the Company such as geophysical studies of building foundations or in connection with construction, remodeling or demolition and rebuild work on Assets, (ii) the Company or its Affiliates are ordered or directed to conduct such Environmental Testing by any Governmental Authority having jurisdiction thereof, (iii) such Environmental Testing is conducted as a result of and reasonably necessary to respond to a Release that occurs after the Closing, (iv) there is reasonable evidence that such Environmental Testing is required by applicable Environmental Laws then in effect and interpreted, or (v) such Environmental Testing is conducted as a result of any written Claim by a Person other than a Buyer Indemnified Party. For the avoidance of doubt, the Company may at any time(s) conduct non-intrusive investigations of Environmental Conditions of the Assets, including Phase I environmental site assessments.
Environmental Testing. (a) Prior to the Closing, Investor shall have the right, but not the obligation, to elect to conduct, at its expense (subject to the reimbursement provisions of Section 12.02), reasonable environmental testing of the Real Property. If Investor elects to have any Real Property so tested, Sellers shall, and shall cause the Company to, provide access to such Real Property and such personnel as may be reasonably requested by Investor or its appointed environmental engineering firm as may be deemed necessary by Investor or such firm in the furtherance of such testing. Investor will promptly share any formal written reports (e.g., Phase I Environmental Assessment Reports) of any such testing with Sellers’ Representative and the Company. If as a result of such environmental testing, Investor’s environmental engineering firm recommends any further Remedial Work, then the Company shall promptly undertake any and all such Remedial Work at Sellers’ sole cost and expense, subject to the Concession and Remediation Limit.
Environmental Testing. The Landlord shall have the right on prior notice to Tenant of at least forty-eight (48) hours to engage in any environmental testing and sampling of the Premises that the Landlord may reasonably deem necessary to protect its interests whenever either (1) an Event of Default shall have occurred or shall be continuing or (2) the Landlord shall deem such environmental testing and sampling necessary to protect the Landlord, the Premises or any other collateral which is security for the Loan from the effects of ISRA or the Spill Act. The Tenant shall be liable for the costs of such environmental testing and sampling, which shall be payable on demand, if the results of such testing and sampling reveals a violation of ISRA or the Spill Act by Tenant, its subtenants or licensees.
Environmental Testing. Purchaser will indemnify and hold harmless the Seller from any claims, damages, or causes of action which might occur as a result of Purchaser’s activities on the Property during the Inspection Period and the Purchaser shall restore the Property to the existing condition before said test or investigations were conducted. The Purchaser shall ensure that any environmental testing is performed in a manner that does not unreasonably interfere with school operations.
