Unit 1 Clause Samples

Unit 1. (a) CITY will cooperate with OPERATOR in its efforts to obtain approval for a redesign of the Landfill such that “Unit 1” shall be closed without exhumation of the “Unit 1” Waste pursuant to IEPA and USEPA) guidelines. (b) In the event that the Landfill fails to receive the Final and Unappealable Mod Permits: (i) the CITY will be responsible for the first eight hundred fifty thousand dollars ($850,000.00) of the cost of excavating and re-disposing the “Unit 1” Waste; (ii) OPERATOR will be responsible for all costs of excavating and re-disposing the “Unit 1” Waste in excess of that amount; and (iii) OPERATOR will be responsible for obtaining any permits necessary for the excavation and re-disposal of the “Unit 1” Waste, and for the selection of contractors, consultants, and engineers to be utilized in the design, permitting, and performance of the excavation and re-disposal of the “Unit 1” Waste.

Unit 1. The Parties agree to resolve, or otherwise address in a manner agreed to by ▇▇▇ and the Land Trust (e.g., by ▇▇▇ obtaining a “No Action Letter”), any outstanding matters between Kan and the City and County of Honolulu, Department of Planning and Permitting and any other governmental agency relating to Unit 1 prior to the transfer of title to the Land Trust. In the event that there are outstanding fines, fees, or liens, associated with Unit 1 prior to the Effective Date of this Agreement, ▇▇▇ agrees to resolve such issues within thirty (30) days and will not seek to transfer any such issues to the Land Trust upon the transfer of title.