Common use of The Phase II Investigations Clause in Contracts

The Phase II Investigations. In the event that the Phase I --------------------------- Report concludes that media sampling is necessary at one or more of the Owned Real Properties, the Buyer shall retain at its sole expense an environmental consulting firm reasonably acceptable to the Sellers (the "Phase II Consultant") ------------------- to perform the necessary Phase II assessments (the "Phase II Assessment") using ------------------- subcontractors of its choice. For properties subject to the Phase II process, the Phase II Consultant shall be required to provide simultaneously to the Buyer and the Sellers a report identifying each identified Release of Hazardous Materials, or violation of Environmental Laws, not addressed in the Phase I Assessments for which there is an obligation under Environmental Law on the part of the Company or any Subsidiary of the Company to undertake Remedial Action (which could include further investigation), or for which there would be such an obligation if the relevant Governmental Entities had notice of the Release or violation, and estimating the range of costs from the reasonable best to reasonable worst case, of the actions reasonably necessary to perform such Remedial Action. The Phase I Assessments prepared pursuant to paragraph 8.1 and the Phase II Assessments are hereinafter referred to collectively as the "Assessments."

Appears in 2 contracts

Samples: Share Purchase Agreement (United Rentals Inc /De), Share Purchase Agreement (United Rentals Inc /De)

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The Phase II Investigations. In the event that the Phase I --------------------------- Report concludes that media sampling is necessary at one or more of the Owned Real Properties, the Buyer shall retain at its sole expense an environmental consulting firm reasonably acceptable to the Sellers (the "Phase II Consultant") ------------------- to perform the necessary Phase II assessments (the "Phase II Assessment") using ------------------- subcontractors of its choice. For properties subject to the Phase II process, the Phase II Consultant shall be required to provide simultaneously to the Buyer and the Sellers a report identifying each identified Release of Hazardous Materials, or violation of Environmental Laws, not addressed in the Phase I Assessments for which there is an obligation under Environmental Law on the part of the Company or any Subsidiary of the Company to undertake Remedial Action (which could include further investigation), or for which there would be such an obligation if the relevant Governmental Entities Authorities had notice of the Release or violation, and estimating the range of costs from the reasonable best to reasonable worst case, of the actions reasonably necessary to perform such Remedial Action. The Phase I Assessments prepared pursuant to paragraph 8.1 and the Phase II Assessments are hereinafter referred to collectively as the "Assessments."

Appears in 1 contract

Samples: Share Purchase Agreement (United Rentals Inc /De)

The Phase II Investigations. In the event that the Phase I --- --------------------------- Report concludes that media sampling is necessary at one or more of the Owned Real Properties, the Buyer shall retain at its sole expense an environmental consulting firm reasonably acceptable to the Sellers (the "Phase II Consultant") ------------------- to perform ------------------- the necessary Phase II assessments (the "Phase II Assessment") using ------------------- subcontractors of its choice. For properties subject to the Phase II process, the Phase II Consultant shall be required to provide simultaneously to the Buyer and the Sellers a report identifying each identified Release of Hazardous Materials, or violation of Environmental Laws, not addressed in the Phase I Assessments for which there is an obligation under Environmental Law on the part of the Company or any Subsidiary of the Company to undertake Remedial Action (which could include further investigation), or for which there would be such an obligation if the relevant Governmental Entities Authorities had notice of the Release or violation, and estimating the range of costs from the reasonable best to reasonable worst case, of the actions reasonably necessary to perform such Remedial Action. The Phase I Assessments prepared pursuant to paragraph 8.1 and the Phase II Assessments are hereinafter referred to collectively as the "Assessments."

Appears in 1 contract

Samples: Share Purchase Agreement (United Rentals North America Inc)

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The Phase II Investigations. In the event that the Phase I --------------------------- Report concludes that media sampling is necessary at one or more of the Owned Real Properties, the Buyer shall retain at its sole expense an environmental consulting firm reasonably acceptable to the Sellers (the "Phase II Consultant") ------------------- to perform the necessary Phase II assessments (the -------------------- "Phase II Assessment") using ------------------- subcontractors of its choice. For properties -------------------- subject to the Phase II process, the Phase II Consultant shall be required to provide simultaneously to the Buyer and the Sellers a report identifying each identified Release of Hazardous Materials, or violation of Environmental Laws, not addressed in the Phase I Assessments for which there is an obligation under Environmental Law on the part of the Company or any Subsidiary of the Company to undertake Remedial Action (which could include further investigation), or for which there would be such an obligation if the relevant Governmental Entities had notice of the Release or violation, and estimating the range of costs from the reasonable best to reasonable worst case, of the actions reasonably necessary to perform such Remedial Action. The Phase I Assessments prepared pursuant to paragraph 8.1 and the Phase II Assessments are hereinafter referred to collectively as the "Assessments."Remedial

Appears in 1 contract

Samples: Share Purchase Agreement (United Rentals North America Inc)

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