Phase II Work definition

Phase II Work shall have the meaning specified in Exhibit A to this Agreement.

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Phase II Work. The nature and scope of the Quail Hollow Phase II Work shall be limited as set forth on Exhibit A attached hereto and the same shall be subject to all of the terms and conditions of the Contract, including, without limitation, Section 3.4.2. If, based on the Quail Hollow Phase II Work, a Material Item exists with respect to the presence of asbestos at the Quail Hollow Property (as demonstrated by reasonable evidence and back-up provided by Purchaser to Sellers in writing), then, as Purchaser’s sole and exclusive remedy, Purchaser shall have the right to terminate this Contract in its entirety with respect to all Properties (but not in part with respect to less than all Properties) by giving written notice (along with reasonable detail, evidence and back-up with respect to such Material Item) to that effect to Seller's Representative and Escrow Agent on or before 5:00 p.m. (in the time zone in which the Escrow Agent is located) on the date of expiration of the Extended Diligence Period. If Purchaser exercises such right to terminate, this Contract shall terminate and be of no further force and effect subject to and except for the Survival Provisions, and Escrow Agent shall forthwith return the Initial Deposit (including both the Refundable and the Non-Refundable Initial Deposit Components) to Purchaser (subject to Purchaser's obligation under Section 3.5.2 of the Contract to return all Third-Party Reports and information and Materials provided to Purchaser as a pre-condition to the return of the Materials Deposit). If Purchaser fails to provide Seller's Representative with written notice of termination prior to the expiration of the Extended Diligence Period in strict accordance with the notice provisions of this Section 3, Purchaser's right to terminate under this Section 3 shall be permanently waived, Purchaser shall be deemed to have accepted the physical condition of the Quail Hollow Property and released Sellers of all claims with respect thereto (in addition to any releases set forth in the Contract, including, without limitation, under Section 6.2 thereof), and this Contract shall remain in full force and effect, the Deposit (including both the Initial Deposit (including the Refundable Initial Deposit Component) and, when delivered in accordance with Section 2 of this Amendment, the Additional Deposit) shall be non-refundable, and Purchaser's obligation to purchase the Properties shall be non-contingent and unconditional except only for satisfaction ...

Phase II Work means shall mean all activities necessary to implement the removal of sediments from the Phase II Area identified in Appendix B and the transport and disposal of those materials to a CDF located on-site, as that term is defined in 40 C.F.R. Part 300.5, pursuant to an Action Memorandum to be issued by EPA, Region 2, based on the Phase II EE/CA.

Examples of Phase II Work in a sentence

• Payment in 2017 for Phase II Work shall be in the amount of $2,397,984 (the “2017 Phase II Payment”).

• For the avoidance of doubt, Developer shall cause the insurance coverages required under the Agreement to be obtained and maintained with respect to the Phase II Work.

• Developer shall use the sums advanced to it pursuant to this Section 6 solely for the purpose of performance of the Phase II Work and the design, construction, furnishing and equipping of the Phase II Work in accordance with the Phase II Plans and Specifications.

• Developer shall, within a reasonable time following receipt of payment from County on behalf of the Owner and within the time period allowed under any applicable contract or agreement, pay all bills for Services and Materials performed and furnished by others in connection with the design, construction, furnishing and equipping of the Phase II Work and the performance of the Phase II Work, and upon written request by Owner shall provide Owner with evidence of such payment.

• On or before the twenty-fifth day of each month during the performance of the Phase II Work, the Developer, Owner’s Representative and Architect shall inspect the Phase II Work.

• The Feasibility Period under the Contract is hereby extended to June 13, 2007 (the “Extended Diligence Period”), but only for purposes of completing the Quail Hollow Phase II Work (defined below) and determining whether a Material Item exists with respect thereto (the “Phase II Quail Hollow Contingency”).

• Each Phase II Request for Payment shall set forth the value of that portion of the Phase II Work completed according to the Phase II Schedule of Values and the sum of all prior payments, and shall request payment in such amount, less the aggregate of all prior payments.

• Title to all such Materials shall pass to the County upon payment therefor to the Owner for the benefit of the Developer or incorporation in the Phase II Work, whichever shall first occur, and Developer shall cause the Phase II General Contractor to prepare and execute all documents necessary to effect and perfect such transfer of title.

• Except as specifically and expressly modified or amended herein, the terms and provisions of the Agreement remain unchanged and shall apply to the Phase II Work.

• Developer shall, on or prior to the fifteenth (15th) day of each calendar month until the Substantial Completion Date of the Phase II Work, cause the respective Phase II General Contractor to further submit a monthly progress report to Owner and the County that shall set forth in detail the status of the Phase II Work as of that date.

More Definitions of Phase II Work

Phase II Work means construction of the Project and other, related activities.

Phase II Work means any sampling, monitoring, analysis or other physical inspection of any environmental media on, at, beneath or near the Real Property.

Phase II Work has the meaning set forth in Section 6.15(c).

Phase II Work consists of the remainder of the build out under the Momenta Sublease, all of the sixth (6th) floor of the building and such additional space on the first floor of the building as shall be necessary to build out seventy-five (75%) percent of the Premises under the Lease.