Phase I Environmental Site Assessment. Notwithstanding anything in the Agreement (including provisions of Article X of the Agreement), Seller shall indemnify Purchaser for any Identified Environmental Losses (the “Environmental Reimbursement”). The Environmental Reimbursement shall not be subject to, nor count towards, any limitation on liability or procedures or other provisions of Article X of the Agreement.
Phase I Environmental Site Assessment. Buyer may obtain Phase I Environmental Reports (prepared in accordance with ASTM standards) for the Real Property certified to Buyer and prepared by independent consultants approved by Buyer (“Real Property Phase I Reports”), the results of which shall be satisfactory to Buyer in its sole discretion, subject to the remainder of this Section 5.19.
Phase I Environmental Site Assessment. After the execution and delivery by BellSouth and User of an Entry and Testing Agreement for a Site User may perform a Phase I - environmental site assessment on the Property pertaining to such Site provided such Phase I - environmental site assessment does not involve any subsurface soils testing and further provided that User provides BellSouth with a complete written copy of the Phase I - environmental site assessment within ten (10) days of completion at no expense to BellSouth. Only with BellSouth's prior written consent and subject to BellSouth's supervision may User perform a Phase II - environmental site assessment on the Property.
Phase I Environmental Site Assessment. The Firm will prepare the PIESA report in accordance with American Society of Testing and Material (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate, E1527-13 Standard Practice for Environmental Site Assessments. The PIESA will also be performed in accordance with the U.S. Environmental Protection Agency’s All Appropriate Inquiry (AAI) standards amended in 2013. The preparation of the PIESA will consist of the following tasks: records review, interviews, site reconnaissance, and user-provided information.
Phase I Environmental Site Assessment. Lender shall have received a Phase I Environmental Site Assessment Report on all of the real estate, along with such further environmental review and audit reports as Lender requests (which may include Phase II reports), and letters by the firm preparing such environmental reports authorizing Lender to rely on such reports.
Phase I Environmental Site Assessment. In order to evaluate the Property and identify conditions indicative of releases and threatened releases of hazardous substances on, at, in or to the Property, URS will perform the ESA consistent with the terms and conditions of 40 C.F.R. Part 312 AAI regulation and ASTM Standard E1527-05(collectively, the “AAI Standards”) and will execute the following scope of work: □ Acquisition and Review of Data on Historical Uses of the Sites; □ Environmental Agency List Review; □ Site Reconnaissance; □ Interviews and User Provided Information; □ Contacts with Federal, State, and Local Environmental Agencies; and □ Data Analysis and Reporting. URS proposes to perform the Phase I ESA prior to commencement of the remaining tasks described below. URS estimates the cost for this Phase I ESA as $3,590.
Phase I Environmental Site Assessment. (ESA) -----------------------------------------------
Phase I Environmental Site Assessment. Buyer will have the right to obtain a Phase I Environmental Site Assessment of the Property during the Review Period, at Buyer’s sole cost and expense (the “Environmental Report”). No invasive testing (such as Phase II environmental work) may be performed on the Property without Seller’s prior written consent, in its sole discretion.
Phase I Environmental Site Assessment. The Agent shall be satisfied (in its sole and absolute discretion) with the results and scope of a Phase I Environmental Site Assessment of the Westview Facility conducted by a nationally recognized firm of licensed engineers which is acceptable to the Agent it its sole and absolute discretion, based upon and in accordance with ASTM Standard Practice for Environmental Site Assessments E 1527, which assessment shall include, without limitation, a physical onsite inspection by such firm, as well as a historical review of the use of the Westview Facility and of the business and operations of the Borrower (including any former subsidiaries or divisions of the Borrower or any of its Subsidiaries which have been disposed of prior to the close of such assessment), and the Borrower shall have paid all fees and expenses payable in connection with such assessment.
Phase I Environmental Site Assessment. Parent shall have received a current and valid Phase I environmental site assessment, performed in accordance with the applicable technical standard, along with a reliance letter if applicable, for the Company’s production facility in Pekin, Illinois, and such assessment shall not reveal any condition(s) (except any condition(s) that would be reasonably apparent to a reasonable Person under Parent’s circumstances from the information disclosed to Parent in the Company’s Disclosure Schedules or in the Dataroom on or prior to December 21, 2014, including from any previous Phase I environmental site assessments performed on the Company’s production facility in Pekin, Illinois disclosed to Parent in the Dataroom on or prior to such date), that would reasonably be expected to give rise to a cost of remediation exceeding $3,300,000 in the aggregate (including the aforementioned reasonably apparent condition(s)) for the Company’s production facility in Pekin, Illinois; provided, that the condition in this Section 7.2(k) shall be deemed to have been satisfied without any further action if Parent has not provided notice to the Company within 20 days after receipt of the current and valid Phase I environmental site assessment for the Company’s production facility in Pekin, Illinois, that the cost of remediation of the Company’s production facility in Pekin, Illinois would in the reasonable determination of Parent be expected to exceed $3,300,000 in the aggregate (the “Remediation Notice”). If Parent timely provides the Remediation Notice, but without, however, affecting the satisfaction of the foregoing condition to Closing, the Parties will negotiate in good faith to develop a remediation plan that is mutually acceptable to the Parties.”
