Remediation of Contamination. Owner and Contractor recognize that remediation of subsurface conditions may be necessary due to potential hazardous materials contamination. Because the presence or extent of any contamination is not known, Contractor shall include no cost in the Contract Sum, and no time in the Project Schedule, for cost or delays that might result from any necessary remediation. The Project Schedule will provide a period of time between demolition activities and the start of the next activity to commence any remediation if needed. Contractor shall use all reasonable efforts in scheduling the Project to minimize the likelihood that remediation delays construction. Any hazardous materials remediation Work which Contractor agrees to perform shall be done pursuant to a Change Order or amendment consistent with the following:
Remediation of Contamination. In the event that any real estate owned or operated by the Borrower is presently or in the future contaminated by Hazardous Substances or there occurs or has occurred any release, leakage, spillage, emanation, uncontrolled loss, or seepage of any Hazardous Substance on any real property owned or operated by the Borrower for which the State of Connecticut or the United States of America requires remediation, the Borrower, at its sole cost and expense, shall immediately take all actions required by the State or the federal government to mitigate the effects thereof. 5.3
Remediation of Contamination. If any Hazardous Substances are released, discharged or disposed of by Tenant, or their employees, agents or contractors, on or about University Village in violation of the foregoing provisions, Tenant shall immediately, properly and in compliance with applicable laws clean up and remove the Hazardous Substances from University Village and any other affected property and clean or replace any affected personal property, at Tenant’s expense. Such clean up and removal work shall be subject to Landlord’s prior written approval (except in emergencies), and shall include, without limitation, any testing, investigation, and the preparation and implementation of any remedial action plan required by any court or governmental body having jurisdiction or reasonably required by Landlord. If Landlord or any lender to Landlord or any governmental body arranges for any tests or studies showing that this Section has been violated, Tenant shall pay for the costs of such tests.
Remediation of Contamination. Xxxxx, GSAC and Matrix, at their sole expense, agree: (i) (A) to use their commercially reasonable efforts from and after the Closing to cause the Broad Street Property and the Fayetteville Road Property not be placed for any reason by the Georgia Environmental Protection Division ("Georgia EPD") on its Hazardous Site Inventory List, and not to be placed by any other Governmental Body on any similar list designating that property as being the subject of any monitoring by that Governmental Body or any required remediation with respect to any Contamination (each a "List"), and (B) if despite such efforts either or both of the Broad Street Property or --- the Fayetteville Road Property is placed for any reason by the Georgia EPD or any other Governmental Body on any List, to use their commercially reasonable efforts from and after the Closing to cause the Broad Street Property and/or the Fayetteville Road (as applicable) to be formally removed from that List by the relevant Governmental Body (each a "Delisting" of the relevant property); and --- (ii) to fully "Cleanup" (as defined in the definition of Environmental Health and Safety Liabilities set forth on Exhibit A) in compliance with all applicable --------- Legal Requirements, at no cost or expense to Xxxxxxxx or Xxxxxxxx Tanks, and within a reasonable period of time following the Closing, all soil Contamination on, under, across and at the Broad Street Property (exclusive of the soils located directly beneath the floor of the fabrication shop located on that property) and the Fayetteville Road Property, in each case to a level that is below all Georgia Department of Natural Resources maximum permissible levels for soil contamination (DNR Levels) that are relevant to that property, and (iii) to --- cause, at their expense, all soils and back fill which were the subject of or used in connection with any of the above-described Cleanup efforts (or efforts to cause a Delisting) to be returned, to the reasonable satisfaction of Xxxxxxxx, to a state or condition sufficient to accommodate storm water run-off in compliance with all applicable Governmental Authorizations and Legal Requirements, and sufficient for Xxxxxxxx'x use of the property for its intended purposes as contemplated in this Agreement, consistent with the past practices of Xxxxx. At such time, if ever, as Xxxxx, GSAC and Matrix shall have obtained such a Delisting of the relevant property, they shall promptly notify Xxxxxxxx of the same in writin...
