Remediation Procedures. Except as provided below, the Parties shall follow the general procedures for indemnification set forth in this Article VIII with respect to any claim for indemnification pursuant to Sections 8.2, 8.3 or 8.4, relating to remediation of contaminated environmental media, where the owner or primary tenant of the impacted property is not a member of the Group of the Party to which such liability for remediation has been allocated. For such matters, if the Indemnifying Party acknowledges in writing that it is obligated to provide indemnification pursuant to this Section 8.11(b) with respect to such remediation Liability, such Party (and members of its Group) shall be entitled (but shall not be required) to undertake the response action or actions (including investigation, remediation and monitoring) relating to such contamination (“Response Action”). The Party (and members of its Group) performing the Response Action shall be referred to as the “Performing Party.”
Remediation Procedures. 1. Any tenured teacher who receives an overall evaluation composite rating of Unsatisfactory, and the reasons for such rating are deemed remediable, shall be placed upon "remediation status." Within thirty (30) days of being placed upon remediation status, a remediation plan shall be developed for implementation to correct the remediable deficiencies cited. Participants in the plan shall include the teacher, a qualified evaluator, the Superintendent, and the consulting teacher. The written remediation plan shall be dated and signed by all the participants, with one (1) copy sent to the Union President and one (1) copy provided to the teacher. In the event the participants are unable to reach consensus on a remediation plan, the Superintendent or designee shall be permitted to complete and implement the plan. In such case, any other participant may put his/her objections in writing; and a copy of such objections shall be attached to the plan for informational purposes only.
Remediation Procedures. See Section C on page 56 for a listing of the remediation procedures that will be completed for each teacher receiving a rating of “Does Not Meet Expectations”.
Remediation Procedures. (a) For purposes of this Section 7.9, "On-Site Remediation Liabilities" means liabilities and obligations imposed under any Environmental Law for the clean-up or remediation of conditions existing at the Real Property prior to the Closing Date and for which Seller is obligated to indemnify Purchaser pursuant to Section 7.3 hereof; "
Remediation Procedures. A remediation plan will be developed within 30 school days after a tenured teacher receives an “unsatisfactory” rating. The evaluator will conduct a mid-point and final evaluation which includes performance ratings during the remediation process. The evaluator will provide a written copy of the mid-point and final evaluation and ratings and discuss with the teacher within 10 school days after the date of the evaluation. Any teacher who successfully completes the remediation plan with a “proficient” or better rating must be evaluated in the school year immediately following the “unsatisfactory” rating. The evaluator will also select a “consulting teacher” to assist the teacher during the remediation period. The “consulting teacher” will be an educational employee that has at least five years’ teaching experience, a reasonable familiarity with the assignment of the teacher being evaluated, and who received an “excellent” rating on his or her most recent evaluation. Teachers who are asked to serve as a consulting teacher may decline without any adverse consequences. When no teachers who meet these criteria are available within the district, the district must request a “consulting teacher” from the Regional Office of Education.
Remediation Procedures. (i) Prior to the implementation of any plan to remediate any violation or alleged violation of any Environmental Law or any Hazardous Material or other environmental condition with respect to which it has rights of indemnification hereunder, Buyer shall provide reasonable written notice thereof to Seller setting forth such remediation plan and the estimated costs thereof. Seller shall have the right to approve Buyer's remediation plan, which approval shall not be unreasonably withheld and shall be deemed given if within ten (10) days after Seller's receipt of such remediation plan Seller fails to provide Buyer with written notice of its objection to such plan, identifying specific reasonable objections. Buyer shall revise the remediation plan to address any reasonable objections of Seller. Buyer's failure to provide such notice or plan of remediation or Buyer's implementation of a plan of remediation as to which Seller has objected shall not limit in any way Buyer's right to indemnification as set forth herein, but may give rise to a separate action by Seller against Buyer for any actual loss caused by a breach of this Section 9.4(c)(i), which action is subject to arbitration pursuant to Section 11.9. Notwithstanding the foregoing provisions of this Section 9.4(c)(i), in the event that Buyer reasonably and in good faith determines that it must act with immediacy to remediate any violation or alleged violation of any Environmental Law or any Hazardous Material or other environmental condition, it shall not be required to provide the notice or a plan of remediation to Seller as set forth in the first sentence of this Section 9.4(c)(i), but shall provide a copy of its remediation plan to Seller as promptly as is reasonably possible. In the event Buyer conducts remediation work for which it has rights of indemnification hereunder pursuant to a plan approved by Seller, Seller shall reimburse Buyer for the cost of such work. In the event Buyer conducts remediation work for which it has rights of indemnification hereunder that is not pursuant to a plan approved by Seller, Seller shall reimburse Buyer for the reasonable cost of such work. Subject to the foregoing, all such reimbursement payments shall be made by Seller to Buyer within ten (10) days after Seller's receipt of Buyer's written request therefor.
Remediation Procedures. Except as provided below, the Parties shall follow the general procedures for indemnification set forth in this Article VII with respect to any claim for indemnification pursuant to Section 7.2 or Section 7.3, relating to Remediation Liabilities, where either (x) the owner or primary tenant of the impacted property is a member of the Spinco Group but the Remediation Liability constitutes a Remainco Liability or (y) the owner or primary tenant of the impacted property is a member of the Remainco Group but the Remediation Liability constitutes a Spinco Liability. For such matters, if the Indemnifying Party acknowledges in writing that it is obligated to provide indemnification pursuant to this Section 7.10(b) with respect to such Remediation Liability, such Party (and members of its Group) shall be entitled (but shall not be required) to undertake the Remediation at the impacted property, subject to any right of any member of AgCo Group or MatCo Group to undertake such Remediation pursuant to the DWDP SDA. The Party (and members of its Group) performing the Remediation shall be referred to as the “Performing Party.”
Remediation Procedures. (a) In connection with Required Remedial Activities with respect to any Known Environmental Condition, Seller shall (i) prepare after the Closing Date, investigation, removal or remedial action plans (the "Remediation Plans") and afford Purchaser a reasonable opportunity to review and comment on such Post-Closing Plans, and (ii) obtain all necessary permits and governmental approvals necessary for the performance of Required Remedial Activities.
Remediation Procedures. 10.2.1 In the event Purchasers become aware of any facts that might give rise to a claim of Purchasers pursuant to this Section § 10 (“Purchasers Claim”), Purchasers shall within one month after discovery of the relevant facts, submit a written notice to Seller (“Remediation Notice”). The Remediation Notice shall specify in reasonable detail the facts upon which the alleged Seller’s Breach is based, the legal basis of the alleged Purchasers Claim and, to the extent possible, the amount of the alleged Purchasers Claim. Without prejudice to the validity of the alleged Purchasers Claim, Purchasers shall allow Seller and Seller’s advisors to investigate the matter or circumstance alleged to give rise to such alleged Purchasers Claim, and whether and to what extent any amount is payable in respect of such alleged Purchasers Claim (the “Investigation”) and, for such purpose, Purchasers shall give, subject to being paid reasonable out-of-pocket costs and expenses, such information and assistance, including access to Purchasers’ premises and personnel and including the right to examine and copy or photograph any assets, accounts, documents and records, as Seller or its advisors may reasonably request. Seller shall begin the Investigation without delay and conduct it as quickly as reasonably practical.
Remediation Procedures. 1. Human Resources or the department supervisor will provide written notice to the employee of the time, place, and reason for the initial remediation meeting at least one
