Baseline Audit definition
Examples of Baseline Audit in a sentence
Licensee shall remove, at Licensee's sole expense, all Hazardous Substances for which Licensee is liable under this Agreement or under any Environmental Law and shall restore its Operating Area or other affected property or water to its baseline condition as established in the Baseline Audit.
Except to the extent Lessee previously occupied the Premises, Lessee may terminate this Agreement within sixty (60) days of receipt of the Baseline Audit if Lessee, in its sole discretion, determines that the Recognized Environmental Conditions disclosed in such Baseline Audit are unacceptable.
Lessee, at its sole cost and expense, shall have the right to conduct, within sixty (60) days from the receipt of the Baseline Audit, an environmental inspection of the Premises (the “Lessee Audit”), through an independent environmental consultant approved in writing by County, such approval not to be unreasonably withheld or delayed.
Except to the extent Lessee previously occupied the Premises, the County shall be responsible for any Recognized Environmental Conditions within the meaning of ASTM E 1527-05, or most recent version, disclosed by the Baseline Audit.
The purpose of the Lessee Audit is to determine whether there are present on the Premises any Recognized Environmental Conditions not identified in the Baseline Audit, any previous audits, or any contamination assessment reports or remedial action plans, to the extent any such documents exist.
The time devoted by Administrator Personnel in providing such audit assistance and access to Customer relating to Administrator’s failure to perform in accordance with this Agreement, including the Service Levels will be provided at no charge to Customer (and is not included in the calculation of Baseline Audit Support).
Customer shall reimburse Administrator for the reasonable costs incurred by Administrator and for the time devoted by Administrator Personnel in connection with such audits which are beyond the Baseline Audit Support.
Customer shall reimburse Administrator for the reasonable costs incurred by Administrator and for the time devoted by Administrator Personnel in connection with such audits which are beyond the Baseline Audit Support at the rate stated in Exhibit 6.
If within the aforesaid six-month period Buyer has not completed its work on the Baseline Audit, Buyer waives its right to assert its environmental indemnification rights under Section 13.1 against Seller.
The Parties will negotiate in good faith to resolve any disputes with respect to the Baseline Audit Report within sixty (60) days following the end of the aforesaid thirty-day period and if at the end of such period, they not resolved such dispute to their mutual satisfaction, they will submit the dispute to arbitration by an Environmental Arbitrator in accordance with the procedures described in Section 13.1 (c) and (d).