Phase I ESA Sample Clauses

Phase I ESA. Purchaser has received a Phase I Environmental Site Assessment (“ESA”) for the Project Site, current and valid on the Closing Date under ASTM Standard Practice E1527-13 for ESAs, addressed to Purchaser as the user, or accompanied by a reliance letter in form and substance reasonably satisfactory to Purchaser.
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Phase I ESA. During the Study Period, Buyers may have a Phase I ESA performed by a qualified environmental consultant of Buyers’ selection. If the consultant recommends further assessment or remediation (including but not limited to a Phase 2 ESA) (the “Phase I Recommendations”), Buyers may, at their option, on or before sixty (60) days prior to the last day of the Study Period provide Seller notice of the Phase I Recommendations and thereafter negotiate with Seller regarding an appropriate “Corrective Action Plan.” If Buyers and Seller are not able to agree upon a Corrective Action Plan that would address the Phase I Recommendations to Buyers’ satisfaction, Buyers may, at their option, terminate this Contract prior to expiration of the Study Period. In the event Buyers terminate the Contract pursuant to this Section 5, Buyers shall provide notice of termination to Seller with a copy to the Settlement Agent, and the Settlement Agent shall promptly refund the Deposit to Buyers, less the Retained Deposit which will be delivered to Seller, each together with any interest accrued thereon, and thereafter neither party will have any continuing obligations or liabilities hereunder except for those that expressly survive termination.
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Phase I ESA. Seller has previously provided Purchaser with a copy of a Phase I environmental site assessment for the Poway Facility which shall be reasonably satisfactory to Purchaser in form and substance.
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Phase I ESA. Within ten (10) days after the Effective Date, Seller shall, at its cost and expense, provide Buyer copies of any Phase I Environmental Site Assessments and/or Phase II Environmental Site Assessments concerning the Real Property that is in its possession (individually or collectively, the “Phase I ESA”).
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Phase I ESA. H&H will also complete a Phase I ESA in accordance with ASTM 1527-05 for the facility. It is anticipated that this will be an update to the previous Phase I ESA completed by Terracon in 2010. Schedule 2 to Purchase and Sale Agreement Seller’s Environmental Reports Name of Report Date of Report Prepared By No Action Letter 12.23.11 North Carolina Department of Environment and Natural Resources Closure Report Addendum Former PCA Facility 4.13.11 Terracon Consultants, Inc. Results of Additional Soil Sampling/Former PCA Facility 12/5/2011 Terracon Consultants, Inc. Phase I Environmental Site Assessment/CPI, Corp. Property 8.16.10 Terracon Consultants, Inc. Closure Report Former PCA Facility 4.16.10 Terracon Consultants, Inc. Environmental Sampling Report Former PCA Facility 4/1/2009 S&ME, Inc. Underground Storage Tank Removal/PCA Facility 12.24.08 Terracon Consulting Engineers & Scientists Report of Asbestos Inspection Services 7/2/2008 S&ME, Inc. No Sampling Letter 5.24.07 Bureau Veritas North America Report of Soil Sampling and Laboratory Analysis - PCA Facility 7/1/2009 Terracon Consultants, Inc. Phase I Environmental Site Assessment 3.21.07 Bureau Veritas North America PPAB 1982903v3 EXHIBIT A to Purchase and Sale Agreement Description of Land PPAB 1982903v3 EXHIBIT B LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is made and entered into as of the 26 day of July, 2012 by and between CONSUMER PROGRAMS INCORPORATED, a Missouri corporation (“Licensor”), and XXXXXX XXXXXX, INC., a North Carolina corporation (“Licensee”).
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Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments and/or Phase II Environmental Site Assessments, concerning all or part of the Real Property that are in Seller’s possession or control.
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Phase I ESA. The obligation of the Purchaser to complete the purchase of the Property on the Closing Date is subject to the condition precedent that on or before the Due Diligence Date the Purchaser has satisfied itself in its sole and unfettered discretion with respect to the environmental condition of the Property, including but not limited to obtaining a current Phase I environmental assessment report of the Property completed by a reputable and experienced environmental consultant (the “Phase I ESA”) at Purchaser’s expense. In the event that the Phase I ESA does not conclude that there are risks of non-compliance of the Property with Environmental Laws and does not recommend that a Phase II ESA be conducted, the Purchaser shall have no right to terminate this Agreement for non-fulfillment of the condition set out in this section and this condition shall be deemed to have been irrevocably waived. The Purchaser shall provide a true copy of the Phase I ESA to the Vendor forthwith after it is obtained by Purchaser and in any event prior to giving any Notice of termination under this Section 4.2.1. Exhibit 10.31 If the Phase I ESA concludes that there are risks of non-compliance of the Property with Environmental Laws and recommends that a Phase II ESA be conducted, the Purchaser shall have the right by Notice given on or before the Due Diligence Date to terminate this Agreement and in that case this Agreement shall be terminated, both parties hereto shall be released from all of their respective liabilities and obligations under this Agreement (other than those liabilities and obligations which are expressly stated to survive the termination of this Agreement) and the First Deposit shall be returned without deduction or set off to the Purchaser. For further certainty, and without limiting the generality of the foregoing, the Vendor acknowledges and agrees that it shall be estopped from challenging the Purchaser's right to terminate this Agreement pursuant to this Section 4.2.1 on the basis that the Purchaser's discretion hereunder was exercised unreasonably. In the event that the Purchaser does not give such Notice on or before the Due Diligence Date and Section 4.2.3 does not apply, the Purchaser shall have no further right to terminate this Agreement under this Section and this condition shall be irrevocably deemed to have been waived.
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Related to Phase I ESA

  • Phase II A small portion of the work for the Phase II modifications to the Plattsburgh Substation will be performed by Transmission Owner, and the remainder will be performed by Clinton and Xxxxxxxxx. A detailed definition of the specific scope for Transmission Owner and Clinton and Xxxxxxxxx including interface points shall be defined during the design phase and, as such documents become available, copies will be delivered to the NYISO, Transmission Owner, Noble Altona Windpark, LLC and Marble River, LLC. The full scope includes the installation of wave traps, CCVT’s and modifications and/or additions to relaying on the MWP-1 and MWP- 2 lines. These lines will be reconfigured at the completion of Phase II to connect to Xxxxx and Xxxxxxx Substations on MWP-1 and the Xxxx Substation on MWP-2. Clinton and Xxxxxxxxx will design the upgrades and purchase the materials based on the outline specification that was prepared and issued by Transmission Owner. The work to be performed by Clinton and Xxxxxxxxx will include both the materials for the exterior and interior installations and items for Transmission Owner installation inside the control building in existing relay panels and communication racks. In addition, Clinton and Xxxxxxxxx will be responsible for the exterior and interior construction work and will provide construction management services in coordination with Transmission Owner. The civil design for the foundations and the electrical design for the cable runs to the control room will be designed by, as approved by Transmission Owner, and installed under the supervision and control of Clinton and Xxxxxxxxx. The equipment will be selected and procured in accordance with the specifications developed during the detailed engineering phase, copies of which shall be furnished to the NYISO, Transmission Owner, Noble Altona Windpark, LLC and Marble River, LLC. The construction of the foundations, structures, wave traps, CCTV and cable runs into the control building to the termination cabinets will be completed by Clinton and Xxxxxxxxx. The work at the Plattsburgh Substation will be installed under Transmission Owner’s CPP-1. Transmission Owner will provide Protection and Controls Engineering, install and terminate wiring from the termination cabinets to the control panels and relays, install relays and equipment in the existing panels, and will commission such work inside the 230kV control building. Transmission Owner will develop the communications protocols and data flow over the circuits.

  • Phase I a. In Phase I, the project will be connected as a tap to the Transmission Owner’s 230kV transmission line MWP-2 via one 230kV circuit breaker in series with one of two ring bus breakers for stuck breaker protection (one in each direction) and a tie-line breaker, as shown on the one-line diagram labeled CL-E-IA-01 attached to this Appendix A as Figure 1. The changes to the existing MWP-2 line protection for this arrangement are described in Phase I System Upgrades in Section II of this Appendix A.

  • Phase 2 Phase 2 is expected to consist of Member Nodes and a select number of Nodes operated by non-Members. The non-Member Nodes will be required to comply with Node hosting terms as set forth by the Council, which may be amended from time to time (the “General Node Terms”).

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

  • PHASE is a distinct portion of the Work to be provided under this Agreement, as specified in the Statement Of Work.

  • Environmental Assessment In connection with its surrender of the Premises, Tenant shall submit to Landlord, at least fifteen (15) days prior to the expiration date of this Lease (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination), an environmental Assessment of the Premises by a competent and experienced environmental engineer or engineering firm reasonably satisfactory to Landlord (pursuant to a contract approved by Landlord and providing that Landlord can rely on the Environmental Assessment). If such Environmental Assessment reveals that remediation or Clean-up is required under any Environmental Laws that Tenant is responsible for under this Lease, Tenant shall submit a remediation plan prepared by a recognized environmental consultant and shall be responsible for all costs of remediation and Clean-up, as more particularly provided in Section 5.3, above.

  • Project Completion The Project and the Work are complete.

  • Evaluation Cycle: Formative Assessment A) A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make frequent unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice.

  • Needs Assessment The determination of whether the Annual Income of a family or individual occupying or seeking to occupy a Qualifying Unit complies with the requirements for Extremely Low-Income Households or Low- to Moderate-Income Households shall be made by the applicable housing authority in the CDBG-DR Program area prior to admission of such family or individual to occupancy of a Qualifying Unit.

  • Environmental Site Assessment Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

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