EXACERBATION CLAUSE FOR * Clause Samples
EXACERBATION CLAUSE FOR *. With respect to Remediation of Excluded Environmental Conditions, Specified Environmental Conditions, Identified Environmental Conditions or Identified Environmental Violations associated with * , for which OCC Tacoma has undertaken indemnification of Pioneer, OCC Tacoma and Pioneer shall consult under Section 5.2 and mitigate damages under Section 4.7, and:
(a) OCC Tacoma (and its designated Affiliates) shall operate in Material Compliance with applicable Orders and with the least stringent standards of Environmental Laws and, subject to applicable Orders, have exclusive control over the timing and scope of the Remediation of such Excluded, Specified or Identified *CONFIDENTIAL PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
EXACERBATION CLAUSE FOR *. With respect to Remediation of Identified Environmental Conditions * .
(a) Each Party understands and appreciates that its long-term mutual interests will be best served by a fair and equitable application of its obligations under this Agreement, including the mitigation of any costs or expenses that it may incur, share or impose hereunder. Neither Party shall, or shall permit any of its Affiliates to, take any action the effect of which would reasonably be expected to impose any additional material obligation on, or materially increase any obligation of, the other Party under this Agreement (except with respect to the occurrence of an Applicable *CONFIDENTIAL PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.