Environmental Tests. 38 ERISA .........................................................17
Environmental Tests. The Seller shall complete whatever tests are necessary to demonstrate compliance with the Environmental Conditions as specified in paragraph 1.2 of Part A of Schedule 2. 110
Environmental Tests. At the sole option of Lessor, not later than thirty (30) days after expiration or termination of this Lease, Lessor may obtain, at Lessee’s cost, the services of an independent, qualified consultant and state-approved laboratory to sample and test any visibly-contaminated area of the Premises to ensure that the Premises are returned to Lessor free from any environmental contamination not present thereon prior to the effective date of this Lease. However, failure by Lessor to sample and/or test shall not be construed as a waiver of any claim established by law, or of any other provision or condition of this Lease.
Environmental Tests. Lessor and Lessee shall conduct a joint walk-through of the Premises prior to the Commencement Date, and Lessee shall give written notice to Landlord identifying any visible environmental contamination prior to the Commencement Date. If any contamination not identified in Lessee’s notice is or becomes visible at the expiration or termination of this Lease, then, at the sole option of Lessor, not later than thirty (30) days after expiration or termination of this Lease, Lessor may obtain, at Lessee’s cost, the services of an independent, qualified consultant and state-approved laboratory to sample and test any visibly-contaminated area of the Premises to ensure that the Premises are returned to Lessor free from any environmental contamination not present thereon prior to the Commencement Date. However, failure by Lessor to sample and/or test shall not be construed as a waiver of any claim established by law, or of any other provision or condition of this Lease.
Environmental Tests. In connection with effecting the contemplated transfer of the property, the Grantee Party, at its expense, shall have the right after execution of this Agreement to enter the Exchange Property to undertake an environmental audit, surveys, testing, samplings, clean-up soil tests, core drillings, engineering tests and studies, and other tests, delineation, and analysis (collectively “Tests”) of and affecting the Exchange Property, for which purposes Grantor Party shall allow Grantee Party and Grantee Party’s agents reasonable access. Grantee Party agrees to indemnify, defend and hold harmless Grantor Party from and against all claims for injuries to persons on or damage to the Exchange Property caused by the acts of Grantee Party or its agents or caused by the Tests of the Exchange Property. Grantor Party shall provide Grantee Party upon execution of this Agreement with any known environmental reports or surveys. Grantee Party shall have forty-five (45) days after the date of this Agreement, or mutual extensions thereof, in which to notify the Grantor Party that based upon the results of the Tests, Grantee Party has determined, in Grantee Party’s sole discretion, that the condition of the Exchange Property is not suitable for the Grantee Party’s intended uses of the Exchange Property. In the event of such notice from the Grantee Party to the Grantor Party on or before forty-five (45) days after the date of this Agreement or mutual extensions thereof, this Agreement shall be null and void, the Parties shall have no further obligations hereunder.
Environmental Tests. Ballston and its Subsidiary will allow MSBC to conduct, through designated representatives, environmental and engineering tests provided that no test or information discovered pursuant thereto shall be deemed to affect or modify or waive any representation or warranty made by Ballston. VI.
Environmental Tests. The Redeveloper by a separate agreement has been
Environmental Tests. (A) the Company shall have provided OPIC with (x) a final plan, satisfactory to OPIC, including a schedule for implementation, to ensure that operations and waste rock disposal do not produce significant environmental impacts and (y) an erosion and sediment control plan, satisfactory to OPIC, including a schedule for implementation, that when implemented will cause the Company to be in compliance with the Environmental Standards for erosion and sediment control or otherwise includes significant conservation and mitigation measures satisfactory to OPIC;
Environmental Tests. The satellites environmental testing shall be based upon Mil Standard 1540B, as modified appropriately for the launch vehicle environment and other considerations, including the number of satellites and previous test history. Testing of satellites later in the production run may be simplified in accordance with the Verification and Test Plan.
Environmental Tests. City has ordered a Phase 1 environmental audit and agrees to deliver a copy of said audit to Xxxx Xxxxxx as soon as it is available. City warrants City has no knowledge of any claims for expenses, costs, damages or losses related to hazardous substance, hazardous material or the cleanup of such substances or materials on the Property. EXHIBIT "4" City makes no other representation or warranty as to the condition of the Property. Subsequent to the execution of this Agreement by Xxxx Xxxxxx, Xxxx Xxxxxx and its agents or representatives shall have the right to review the Phase 1 environmental audit and have access to the Property to perform any type of due diligence and feasibility studies, including without limitation, Phase 2 environmental investigations of the Property (collectively “Tests”). In the event Xxxx Xxxxxx determines to its reasonable satisfaction based upon the Tests that there exists environmental hazards, materials, liabilities or other matters which are material to the use of the Property, then Xxxx Xxxxxx’x sole remedy shall be the right to terminate this Agreement. A copy of the Tests together with related documents, reports and test reports shall be delivered to both the City and Xxxx Xxxxxx. The City shall have no obligation to correct any defects or environmental hazards or materials, liabilities or other matters. Xxxx Xxxxxx shall have until the Closing Date to complete the Tests and to provide notice of termination to the City. Xxxx Xxxxxx and its agents or representatives shall be responsible for and hereby agree to indemnify and hold City harmless from any damages, loss, or expenses as a result of any damages arising out of any entry or use of the Property as a result of the due diligence or Tests undertaken by Xxxx Xxxxxx or its representatives. Xxxx Xxxxxx and its representatives shall take all reasonable efforts to maintain the security of the Property while performing any due diligence or Tests activities on the site, and shall, in the event of any termination of this Agreement, promptly repair any damage to the Property, including fill in of any holes bored on the Property. Xxxx Xxxxxx and City may enter into a right of entry agreement in order to allow and facilitate due diligence and feasibility Tests on the Property prior to Closing; provided that the parties shall provide reasonable notice to NeighborWorks® Lincoln.
