Removal of Underground Storage Tanks Sample Clauses

Removal of Underground Storage Tanks. Seller shall at its ------------------------------------ own cost and expense undertake removal of any Hazardous Substance underground storage tanks referred to in the reports identified in Section 3.10(e) in compliance with all applicable Environmental Laws, and shall complete such removal within 60 days after the Closing Date or such longer time as is reasonably necessary to comply with such Environmental Laws. Buyer shall provide reasonable access to Seller for such purposes.
Sample 1
AutoNDA by SimpleDocs
Removal of Underground Storage Tanks. Seller agrees that it will, at its expense, in an expeditious fashion, and in a manner which does not interfere in any material respect with the operations of the Gulf Pines Hospital, (i) cause the underground storage tank located at the Gulf Pines Hospital to be removed, (ii) cause construction and installation of a 500 gallon above-ground storage tank, which shall be filled and tested in a reasonable manner and (iii) if there is or has been any release from or in connection with such underground storage tank or in connection with the activity undertaken pursuant to this Section 7.23, Seller shall promptly take all reasonably necessary and appropriate actions with respect thereto, including all required investigation and remediation. All activity pursuant to this Section 7.23 shall be undertaken in compliance with and to the extent required by applicable Laws, including the obtaining of all necessary approvals and permits. Seller also agrees that all notices and correspondence with respect to the foregoing will be furnished to CCS. The maximum expenditure that shall be required of Seller pursuant to Section 7.23(i) and (ii) shall be $12,548, which expenditure shall not be subject to, count against or impact in any way the $100,000 threshold amount or the $650,000 maximum amount set forth in Section 7.17(e). CCS agrees that it will cooperate with and take all reasonable actions to administer the contract entered into by Vendell for the removal and construction work contemplated by this Section 7.23 at no administrative cost to Vendell."
Sample 1
Removal of Underground Storage Tanks. At Seller's sole cost and expense, Seller shall diligently proceed to remove and close in accordance with all applicable Environmental Laws the underground storage tanks described in Schedule 6.10 hereto (the "TANKS"), and shall provide Purchaser with written evidence of its performance of this obligation. If Seller fails to diligently perform the obligations set forth in this Section, Purchaser may, at Seller's sole cost and expense, cause the removal and closure of the Tanks in accordance with all applicable Environmental Laws.
Sample 1
Removal of Underground Storage Tanks. Buyer shall assume the existing contract between JHT, Inc. and Independent Petroleum Service, Inc. with a date of acceptance of September 15, 1998 by delivery of written notification to Independent Petroleum Service, Inc. and shall receive the benefit of the $5,543 prepayment under such contract already made by JHT. Buyer shall direct and control the removal and, if desired, replacement of the underground storage tanks located on the Real Estate. Buyer shall pay any costs of such removal and replacement up to a maximum of $24,000, subject to downward adjustment as described herein; provided that the Shareholders and Companies shall bear 100% of the cost necessary to fill the tank sitting under the shop floor located on the Real Estate and bring the tank into compliance with Environmental Laws and such amount shall be paid by Buyer and subtracted from the $24,000 (the "Buyer Amount"). In addition, after Buyer has paid the Buyer Amount, all costs to remediate environmental conditions or otherwise to bring the Real Estate into compliance with Environmental Laws shall be borne by the Shareholders and Companies. If not promptly paid by the Shareholders and the Companies, Buyer may pay any amounts owing on behalf of the Companies and the Shareholders and offset such amounts against the Goodwill Payment owing the Companies. In connection with such removal and replacement, Buyer shall reasonably consider the advice and wishes of the Companies and the Shareholders and the Companies and the Shareholders shall provide reasonable cooperation.
Sample 1
Removal of Underground Storage Tanks. 43 ARTICLE XI - MISCELLANEOUS............................................. 44
Sample 1
Removal of Underground Storage Tanks. At Buyer's sole discretion, ------------------------------------ Buyer shall control the removal, replacement or upgrades, including remediation of Releases if necessary, of underground storage tanks at the following Facilities: 0000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx, (Number 857); 0000 Xxxxxxxx Xxxx, Xxxxxxxxx, Xxx Xxxx (Number 858); 000 X. Xxxx Xxxxxx, Xxxxxxxxxx, Xxx Xxxx (Number 835); 000 Xxxx Xxxxxxxxx, Xxxx, Xxx Xxxx (Number 842); 000 Xxxxxxxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx (Number 843); 000 Xxxxxxxx Xxxxxxxxx, Xxxxx, Xxx Xxxx (Number 844); 0000 X. Xxxxxx, Xxxxxxxx, Xxx Xxxx (Number 846); 000 Xxxxx Xxxxxx, Xxxxxxx, Xxx Xxxx (Number 849); 0000 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxx Xxxx (Number 869); and 00 Xxxxxx Xxxxxxxxx, Xxxxxx, New York (Number 830). Notwithstanding the above, the first $200,000 of expenses (including any fines or penalties) resulting from or incident to such removal, replacement, upgrade, or remediation shall be allocated evenly between Buyer and Seller and Buyer shall provide to Seller copies of work orders and invoices pertaining to work to be performed (which need not be provided prior to the commencement of work). All expenses (including any fines or penalties) in excess of $200,000 shall be paid solely by Seller and, prior to the performance of any work, Buyer shall furnish to Seller proposed work orders for those expenses which exceed $25,000 five (5) Business Days prior to the commencement of work. If Seller objects in writing to Buyer's proposed work orders prior to the commencement of work, Seller shall have five (5) Business Days to provide an alternate proposed work order which Buyer shall reasonably consider. All amounts paid by Buyer pursuant to this Section 10.7 shall apply towards the $350,000 limitation amount set forth in Section 10.3(b).
Sample 1
Removal of Underground Storage Tanks. Anything to the contrary notwithstanding, Gone Fishing shall re-assume, as of October 30, 1998, the existing contract with Independent Petroleum Service, Inc. with a date of acceptance of September 15, 1998 by delivery of written notification to Independent Petroleum Service, Inc. and shall receive the benefit of the $5,543 prepayment under such contract already made by Gone Fishing. Buyer shall pay the Buyer Amount, as defined in the First Amendment, at the Real Estate Closing. The Companies shall direct and control the removal and replacement of the underground storage tanks located on the Real Property. In connection with such removal and replacement, the Companies shall reasonably consider the advice and wishes of Buyer and Buyer shall provide reasonable cooperation.
Sample 1
AutoNDA by SimpleDocs
Removal of Underground Storage Tanks. ESC, LPC and DC hereby covenant ------------------------------------ and agree to remove, at their sole cost and expense, prior to October 15, 1998, the two USTs located on the Company Property in Burlington, New Jersey and the two USTs located on the Company Property in Newark, Delaware, in a manner that is commercially responsible and in compliance with all applicable Laws, Permits and Orders (the "Proper Manner"). In the event such Sellers shall not have ------------- removed such USTs by such date in the Proper Manner, the Purchasers shall be entitled to cause the removal of such USTs at such Sellers' expense, and such Sellers shall, jointly and severally, promptly reimburse the Purchasers for all costs and expenses (including the cost of any required Remedial Action) incurred by the Purchasers in connection with such removal and the Purchasers shall be entitled to be reimbursed out of the Indemnity Escrow (and the Sellers shall instruct the Escrow Agent to so reimburse the Purchasers) for all of such costs and expenses.
Sample 1
Removal of Underground Storage Tanks. In the event that any underground storage tanks (“USTs”) are identified at the Premises during or as a result of the phase one assessments or otherwise, ICNB shall, upon Acquirer’s request, arrange to have all such USTs removed prior to the Remediation Cost Deadline in accordance with any and all Environmental Laws at ICNB’s sole cost and expense.
Sample 1

Related to Removal of Underground Storage Tanks

  • Underground Storage Tanks Borrower shall not install or permit to be installed on the Property any underground storage tank.

  • Underground Tanks If underground or other storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.

  • Storage Tanks If storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks. Notwithstanding anything to the contrary contained herein, Tenant shall have no right to use or install any underground storage tanks at the Project.

  • STORAGE TANKS AND SUMPS 3.1 Is any above or below ground storage of gasoline, diesel, petroleum, or other Hazardous Materials in tanks or sumps proposed in, on or about the Premises? Existing Tenants should describe any such actual or proposed activities. Yes [ ] No [ ] If yes, please explain:

  • HAZARDOUS SUBSTANCE CONDITIONS If a Hazardous Substance Condition occurs, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000 whichever is greater, give written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition to the extent required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following said commitment by Lessee. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time period specified above, this Lease shall terminate as of the date specified in Lessor's notice of termination.

  • Environmental, Health and Safety Matters (a) The Company has complied and is in compliance with all Environmental, Health, and Safety Requirements.

  • Environmental, Health and Safety The Policy Board shall review, approve and monitor environmental and workplace health and safety guidelines, the goal of which is to achieve compliance with current national, state and local laws and regulations regarding environmental and workplace health and safety.

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.

  • Environmental, Health and Safety Laws There does not exist any violation by the Borrower or any Subsidiary of any applicable federal, state or local law, rule or regulation or order of any government, governmental department, board, agency or other instrumentality relating to environmental, pollution, health or safety matters which will or threatens to impose a material liability on the Borrower or a Subsidiary or which would require a material expenditure by the Borrower or such Subsidiary to cure. Neither the Borrower nor any Subsidiary has received any notice to the effect that any part of its operations or properties is not in material compliance with any such law, rule, regulation or order or notice that it or its property is the subject of any governmental investigation evaluating whether any remedial action is needed to respond to any release of any toxic or hazardous waste or substance into the environment, the consequences of which non-compliance or remedial action could constitute an Adverse Event.

  • Environmental and Safety Matters Except as disclosed in Schedule 4.13:

Time is Money Join Law Insider Premium to draft better contracts faster.