RESPONSE ACTION. 4. Xxxxxx Xxxx agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by Xxxxxx Xxxx, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by Xxxxxx Xxxx, or its designee, in accordance with the schedule provided in the initial Work Plan. Xxxxxx Xxxx acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. Xxxxxx Xxxx agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, Xxxxxx Xxxx may seek an amendment of this Contract to clarify its further responsibilities. Xxxxxx Xxxx shall perform all actions required by this Contract, and any related actions of Xxxxxx Xxxx’x choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 5. All remedial activity(s) conducted pursuant to this Agreement shall be done in accordance with the Regulations and the following guidance documents:
RESPONSE ACTION. If any investigation or monitoring or any clean-up, --------------- containment, restoration, removal or other Remediation (collectively the "Response Action") is required under any applicable Environmental Law or in --------------- order to comply with any agreements assigned under this Agreement affecting any Business Facility or other property because of, or in connection with, any occurrence or event described in paragraph (a) above, Parent, GPX and Sellers shall jointly and severally have the obligation to either perform or cause to be performed the Response Action in compliance with Requirements of Environmental Laws, or shall promptly reimburse the Buyer Indemnified Persons for the cost of such Response Action. In the event that Parent, GPX and Sellers elect to perform the Response Action, all Response Action shall be performed by one or more contractors, selected by Parent, GPX or Sellers, as the case may be, and approved in advance in writing by the Buyer Indemnified Persons, with such approval not to be unreasonably withheld, and under the supervision of a consulting engineer, selected by Parent, GPX or Sellers, as the case may be, and approved in advance in writing by the Buyer Indemnified Persons with such approval not to be unreasonably withheld. Otherwise, the Buyer Indemnified Persons shall select the contractor(s) and the consulting engineer with approval by Seller not to be unreasonably withheld. All costs and expenses of such Response Action shall be paid either directly, or in the form of reimbursement to the Buyer Indemnified Persons, by Parent, GPX or Sellers, as the case may be, including, without limitation, the charges of such contractor(s) and/or the consulting engineer, and, if the Buyer must undertake Response Action, the Buyer Indemnified Persons' reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Response Action. In the event Parent, GPX or Sellers shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Response Action, the Buyer Indemnified Persons may cause such Response Action to be performed after giving Parent, GPX and Sellers at least fifteen days advance written notice of the intention to perform such Response Action, and all costs and expenses thereof, or incurred in connection therewith, shall be Damages. All such Damages shall be due and payable upon demand therefor by an Buyer Indemnified Person.
RESPONSE ACTION. XOX shall perform the following actions in response to the Company's technical support inquiries:
RESPONSE ACTION. 1. GMH agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by GMH, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by GMH, or its designee, in accordance with the schedule provided in the initial Work Plan. GMH acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. GMH agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, GMH may seek an amendment of this Contract to clarify its further responsibilities. GMH shall perform all actions required by this Contract, and any related actions of GMH’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 4. Dixie agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by Dixie, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A Report of the assessment results shall be submitted by Dixie, or its designee in accordance with the schedule provided in the initial Work Plan. Dixie acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. Dixie agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, Dixie may seek an amendment of this Contract to clarify its further responsibilities. Dixie shall perform all actions required by this Contract, and any related actions of Dixie’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 4. XX agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by BT, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by BT, or its designee in accordance with the schedule provided in the initial Work Plan. BT acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. BT agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, BT may seek an amendment of this Contract to clarify its further responsibilities. BT shall perform all actions required by this Contract, and any related actions of BT’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 4. MC agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by MC, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by MC, or its designee, in accordance with the schedule provided in the initial Work Plan. MC acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. MC agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, MC may seek an amendment of this Contract to clarify its further responsibilities. MC shall perform all actions required by this Contract, and any related actions of MC’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 4. MP agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by MP, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by MP, or its designee, in accordance with the schedule provided in the initial Work Plan. MP acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. MP agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, MP may seek an amendment of this Contract to clarify its further responsibilities. MP shall perform all actions required by this Contract, and any related actions of MP’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 4. LSA agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by LSA, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by LSA, or its designee in accordance with the schedule provided in the initial Work Plan. LSA acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. LSA agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, LSA may seek an amendment of this Contract to clarify its further responsibilities. LSA shall perform all actions required by this Contract, and any related actions of LSA’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
