Vapor Intrusion. Indemnitor has disclosed to Lender the existence of a vapor intrusion issue at the Property (the “Vapor Intrusion”) and has executed that certain Post-Closing Side Letter Providence Square 13 Loan No. 00-1103028 4829-6822-0568, v. 3 (the “Side Letter”) executed by Borrower of even date herewith with respect to the Vapor Intrusion. Without limiting the definition of “Environmental Activity”, the parties acknowledge that the Vapor Intrusion and all obligations of Indemnitor pursuant to the Side Letter are expressly included in the definition of Environmental Activity.
Vapor Intrusion. The 2010 MEW ROD Amendment addressed the potential long‐term exposure risks from VOCs through the vapor intrusion pathway. In September 2011, EPA worked with the MEW Companies, NASA Xxxx, and the Navy to develop the Statement of Work for the Vapor Intrusion Remedy Remedial Design and Remedial Action (September 2011 SOW). Pursuant to an agreement among NASA Xxxx, Navy, and the MEW Companies, each entity took responsibility for implementing the Vapor Intrusion Remedy in a designated area. Additionally, NASA took responsibility for the implementation of vapor intrusion‐related ICs in areas that it owns where one of the other parties holds primary responsibility. Site Management Plan NASA’s Site Management Plan (SMP) will be the management tool for planning, reviewing, and setting priorities for all response activities to be conducted by NASA. The SMP will contain timetables, plans, and schedules that indicate the times and sequences of events for the work to be conducted under this FFA. After the initial adoption of the SMP, each year NASA must submit to the other Parties a draft amendment to the SMP.
Vapor Intrusion. The Commission agrees to reimburse Xxxxxx’x up to and including $62,500 for the cost of any vapor intrusion investigation or mitigation work required by IDEM as part of the Comfort Letter process for the construction of new improvements at the Property (the “Vapor Mitigation Costs”). Any Vapor Mitigation Costs in excess of $62,500 shall be Xxxxxx’x sole responsibility. Xxxxxx’x agrees to implement the most cost-effective investigation and mitigation options for any response related to vapor intrusion. This includes, but is not limited to, taking steps to limit or eliminate the need for vapor intrusion mitigation, which entails accepting any Institutional and/or Engineering Controls that limit or eliminate the need for vapor intrusion mitigation, provided that such Engineering or Institutional Controls are consistent with any Permitted Use. The Commission agrees that all vapor intrusion investigation and mitigation work conducted shall comply with Environmental Laws, the conditions of the Comfort Letter, and any applicable IDEM guidance. Xxxxxx’x shall submit written plans for any work that will result in Vapor Mitigation Costs to the Commission for approval, which approval shall not be unreasonably withheld. In the event that Xxxxxx’x submits written plan for any work that will result in Vapor Intrusion Costs and the Commission does not provide notice of its disapproval within 30 days of such request, the Commission’s consent shall be deemed provided.
