Additional Remediation definition
Examples of Additional Remediation in a sentence
Kroger shall also deposit into two (2) separate segregated interest-bearing bank accounts it establishes: (a) the “Maximum Exhibit R Attorney Fee and Cost Funds” for Payment Year 1 as specified in Exhibit M-3; and (b) the sum of the “State Cost Fund,” the “Maximum State Outside Counsel Fee Fund,” and the “Maximum Additional Remediation Amount” for Payment Year 1 as specified in Exhibit M-3.
Subject to and without exceeding the maximum payment amounts set forth in the “Additional Remediation Amount” column of Exhibit M-3 and subject to the reduction specified in Section IX.B.2, Kroger shall pay an Additional Remediation Amount to the Settling States listed in Exhibit N.
Subject to and without exceeding the maximum payment amounts set forth in the “Additional Remediation Amount” column of Exhibit M-3 and subject to the reduction specified in Section IX.B, CVS shall pay an Additional Remediation Amount to the Settling States listed in Exhibit N.
Subject to and without exceeding the maximum payment amounts set forth in the "Additional Remediation Amount" column of Exhibit M-3 and subject to the reduction specified in Section IX.B.2, Walgreens shall pay an Additional Remediation Amount to the Settling States listed in Exhibit N.
References to payment "for a Payment Year" mean the Annual Remediation Payment and/or Annual Fees Payment (including without limitation State AG Fees and Costs and Additional Remediation Amounts) due during that year.
The date on which Walgreens makes the Annual Remediation Payment pursuant to Section IV.B. For the avoidance of doubt, the date on which the Annual Fee Payments (including without limitation State AG Fees and Costs and Additional Remediation Amounts) are made is December 31 for each Payment Year in which Annual Fee Payments are due pursuant to Exhibit M-3, which may be a different date than the Payment Date.
If within forty-five (45) business days of receipt of the Additional Remediation Notice, SELLER delivers written notice to BUYER that it disputes that the Release of Pollutants identified in the Additional Remediation Notice occurred or exists in excess of the Environmental Standard on or before the Lease Termination Date, or that same was not Identified in BUYER’s Environmental Assessment, either SELLER or BUYER may initiate dispute resolution procedures as provided in Section 20.
In such event, all financial and performance obligations contained in this Agreement with respect to such Additional Remediation, other than the payment of one hundred thirty percent (130%) of the Final Remediation Cost Estimate, shall be the sole obligation and liability of BUYER, and SELLER shall have no further obligation or liability with respect to such Additional Remediation.
In the event of a disagreement between the Parties after such delivery as to whether SELLER was diligently pursuing the Additional Remediation then, either SELLER or BUYER may initiate dispute resolution procedures as provided for in Section 20.
Unless the dispute resolution procedures are initiated as set forth above, within fifty (50) business days of receipt of the Additional Remediation Notice by SELLER, BUYER and SELLER shall meet to attempt to reach agreement concerning the reasonably estimated aggregate cost of Additional Remediation.