Environmental Upgrade Charge Sample Clauses

Environmental Upgrade Charge. Declaration of Environmental Upgrade Charge On the date of this agreement, [INSERT LOCAL GOVERNMENT ABBREVIATION] must declare that the Environmental Upgrade Charge applies to the Land. For the avoidance of doubt: [INSERT LOCAL GOVERNMENT ABBREVIATION] may declare the Environmental Upgrade Charge only once during the Charge Period; and [INSERT LOCAL GOVERNMENT ABBREVIATION] may declare that more than one environmental upgrade charge under section 181C of the Local Government Act applies to the Land subject to the execution of a separate environmental upgrade agreement (as that term is defined in the Local Government Act) in relation to each such environmental upgrade charge. On one or more occasions during the Charge Period, [INSERT LOCAL GOVERNMENT ABBREVIATION] may levy payment of the Environmental Upgrade Charge by sending a notice to the Owner in accordance with sections 181C(2) and 181C(3) of the Local Government Act. In levying payment of the Environmental Upgrade Charge in accordance with clause (b), [INSERT LOCAL GOVERNMENT ABBREVIATION] shall invoice the Owner for any Environmental Upgrade Charge separately from any other rates or charges in relation to the Land. Notwithstanding any other provision of this agreement, the parties agree that this agreement (other than clause (a)) will be of no force or effect, and the parties will not be bound by this agreement, until the Commencement Date. Charge Obligations The following provisions apply in relation to the Charge Obligations: the Charge Obligations shall commence on the Commencement Date; and the Charge Obligations shall expire on the Charge Expiry Date; and the Total Charge Amount shall be equal to: the Total Funding Amount; plus the Total Administrative Costs. [INSERT LOCAL GOVERNMENT ABBREVIATION]’s priority in relation to Charge Obligations The rights of [INSERT LOCAL GOVERNMENT ABBREVIATION] in relation to the Charge Obligations will rank: as a first priority claim in relation to the Land in accordance with sections 156(6), 180, 181 and 181C(6) of the Local Government Act; and after all other obligations of the Owner to [INSERT LOCAL GOVERNMENT ABBREVIATION] in relation to the Land under Part 8 of the Local Government Act.
Sample 1
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Environmental Upgrade Charge 
Sample 1

Related to Environmental Upgrade Charge

  • D5 Environmental Requirements D5.1 The Contractor shall in the performance of the Contract have due regard to the Authority’s Environmental, Sustainable Procurement and Ethical Procurement policy statements and in addition, shall assist the Authority in achieving the Sustainable Development in Government targets (“SDIG”). These statements and targets require the Authority through its procurement and management of suppliers to inter alia:

  • D4 Environmental Requirements D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • Environmental Contamination Neither Party shall in any event be liable to the other Party for any costs whatsoever resulting from the presence or release of any environmental hazard such Party did not cause or contribute to causing. Each Party shall, at the other Party's request, indemnify, defend, and hold harmless the other Party, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys fees) that arise out of or from (i) any environmental hazard that such Party, its contractors or agents caused in the work locations or (ii) the presence or release of any environmental hazard for which such Party is responsible under Applicable Law. In the event both Parties contribute to such environmental hazard, they shall each proportionately bear such liability.

  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other xxxxx or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test xxxxx or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.

  • Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The party named in article 1, Responsible Parties, under AGREEMENT is responsible for the following:

  • Environmental Safety Upon encountering any previously unknown potentially hazardous material, or other materials potentially contaminated by hazardous material, Contractor shall immediately stop work activities impacted by the discovery, secure the affected area, and notify the ODR immediately.

  • Environmental Permit the use, handling, generation, storage, treatment, Release or disposal of Hazardous Materials at any property owned or leased by it or any of its Subsidiaries, except in compliance in all material respects with Environmental Laws.

  • ENVIRONMENTAL DOCUMENTATION Each environmental service provided by the Engineer shall have a deliverable. Deliverables shall summarize the methods used for the environmental services, and shall summarize the results achieved. The summary of results shall be sufficiently detailed to provide satisfactory basis for thorough review by the State, The Federal Highway Administration (FHWA), and (where applicable) agencies with regulatory oversight. All deliverables shall meet regulatory requirements for legal sufficiency, and shall adhere to the requirements for reports enumerated in the State’s NEPA MOU.

  • Environmental Requirements C7.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental policy, which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

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