Environmental Audit Report Sample Clauses

Environmental Audit Report. Borrower shall have delivered to -------------------------- Lender and Lender shall have approved a written report prepared by a consultant or other person acceptable to Lender relating to the presence of Hazardous Materials in, on or around the Property (the "Environmental Audit Report"), and confirming that all Hazardous Materials described in such report have been mitigated in accordance with the requirements of any applicable government agency.
Sample 1
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Environmental Audit Report. At Lender’s request, an environmental assessment, verification, or report will be provided to Lender regarding the Property that is acceptable solely to the Lender which reflects Loan Agreement that no hazardous waste, toxic substances, or other hazardous materials have contaminated the Property or, if the Property has been so contaminated, that it has been satisfactorily cleaned up in accordance with all Environmental Laws. The Lender shall be fully authorized to discuss all aspects of such assessment, verification or report with the engineering firm.
Sample 1
Environmental Audit Report. The Bank shall have received an environmental site assessment or environmental audit report on the Virginia Real Property from an engineer or other qualified environmental expert selected by the Bank, which appraisal shall be satisfactory to the Bank in all respects.
Sample 1
Environmental Audit Report. Prior to any Advance in respect of a Parcel, the Co-Borrower owning such Parcel shall have delivered to Lender and Lender shall have approved a written report prepared by a consultant or other person acceptable to Lender relating to the presence of Hazardous Materials, if any, in, on or around the respective Parcel(s), and confirming that all Hazardous Materials described in such report have been mitigated in accordance with the requirements of any applicable government agency.
Sample 1
Environmental Audit Report. A favorable "Phase 1" unedited environmental audit covering the Property from an independent environmental engineering firm satisfactory to the Lender which reflects that no hazardous waste, toxic substance, or other pollutants have contaminated the Property or, if the Property has been so contaminated, that it has been satisfactorily cleaned up in accordance with all Environmental Laws. The Lender shall be fully authorized to discuss all aspects of the audit with the engineering firm.
Sample 1
Environmental Audit Report. You shall have received an Officer's Certificate of the Company attaching a copy of the Environmental Audit Reports listed on Item 4.25 of Schedule II and certifying that (a) such copy is a true, correct and complete copy thereof, (b) such Environmental Audit Reports are the only such reports that has been conducted regarding the Company's operations within the twelve (12) months preceding the Closing Date, and (c) such reports have not been amended, modified or retracted in any respect prior to or on the Closing Date. Such reports shall be in form and substance reasonably satisfactory to you and show that the Mortgaged Property is free from any material amounts of Hazardous Materials, except for such uses which are in compliance in all material respects with applicable federal, state and local environmental laws, regulations and ordinances governing the Mortgaged Property.
Sample 1
Environmental Audit Report. Purchaser shall have received an Environmental Audit Report with respect to each parcel of the Property (a total of four (4) reports), each of which shall be in form and substance reasonably satisfactory to Purchaser.
Sample 1
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Environmental Audit Report. (1) Six (6) months preceding the expiration of the Term, the Tenant shall provide to the Landlord, at the Tenant’s cost and expense, an independent environmental audit report, in form and substance and from qualified experts Approved by the Landlord, regarding the environmental condition of the Demised Premises. Upon the request of the Landlord at any time during the Term, where the Landlord on reasonable grounds (such grounds to be communicated to the Tenant at the time of the Landlord's request) has reason to believe that Hazardous Materials have been Released on the Demised Premises and has elected not to conduct its own environmental tests and inspections, the Tenant shall provide to the Landlord an independent environmental audit report, in form and substance and from qualified experts Approved by the Landlord, regarding the environmental condition of the Demised Premises. The Tenant shall be responsible for the cost of any such reports requested by the Landlord and shall remove from the Demised Premises any Hazardous Materials, unless: (i) the reports indicate that no Hazardous Materials have been Released on the Demised Premises, or (ii) the reports indicate the existence of any Hazardous Materials at or on the Demised Premises that (A) were not noted in the Tenant’s Environmental Report, or (B) are the Landlord’s Hazardous Materials; in which event the Landlord shall be responsible for the cost of any such reports and, if applicable, shall remove from the Demised Premises such Landlord’s Hazardous Materials in accordance with the requirements set out in herein.
Sample 1

Related to Environmental Audit Report

  • Environmental Audit Upon reasonable notice, Director shall have the right but not the obligation to conduct or cause to be conducted by a firm acceptable to Director, an environmental audit or any other appropriate investigation of the Premises for possible environmental contamination. Such investigation may include environmental sampling and equipment and facility testing, including the testing of secondary contamination. No such testing or investigation shall limit Tenant’s obligations hereunder or constitute a release of Tenant’s obligations therefor. Tenant shall pay all costs associated with said investigation in the event such investigation shall disclose any Hazardous Materials contamination as to which Tenant is liable hereunder.

  • Environmental Audits There are no environmental audits, evaluations, assessments, studies or tests relating to the Corporation except for ongoing assessments conducted by or on behalf of the Corporation in the ordinary course.

  • Environmental Audits and Reports As soon as practicable following receipt thereof, copies of all final environmental audits, investigations, analyses and reports of any kind or character, whether prepared by personnel of Holdings or any of its Subsidiaries or by independent consultants, Government Authorities or any other Persons, with respect to significant environmental matters at any Facility that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect or with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • Environmental Report Lender shall have received an Environmental Report (not more than six months old) with respect to the Property that discloses no material environmental contingencies with respect to the Property.

  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other xxxxx or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test xxxxx or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.

  • Environmental Reports Lender shall have received an environmental report in respect of the Property, in each case reasonably satisfactory to Lender.

  • Environmental Assessments Foreclose on or take a deed or title to any commercial real estate without first conducting a Phase I environmental assessment of the property or foreclose on any commercial real estate if such environmental assessment indicates the presence of a Hazardous Substance in amounts which, if such foreclosure were to occur, would be material.

  • Environmental Compliance The Borrower and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrower has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Environmental Review (a) Buyer shall have the right to conduct or cause a consultant (“Buyer’s Environmental Consultant”) to conduct an environmental review of the Assets and Seller’s records pertaining to the Assets (as set forth in Section 3.01) prior to the expiration of the Examination Period (“Buyer’s Environmental Review”). The cost and expense of Buyer’s Environmental Review, if any, shall be borne solely by Buyer. The scope of work comprising Buyer’s Environmental Review shall not include any intrusive test or procedure without the prior written consent of Seller. Buyer shall (and shall cause Buyer’s Environmental Consultant to): (i) consult with Seller before conducting any work comprising Buyer’s Environmental Review, (ii) perform all such work in a safe and workmanlike manner and so as to not unreasonably interfere with Seller’s operations and (iii) comply with all applicable laws, rules, and regulations. Seller shall use commercially reasonable efforts to obtain any Third Party consents and otherwise cooperate with Buyer in conducting Buyer’s Environmental Review and any activities related thereto. Seller shall have the right to have a representative or representatives accompany Buyer and Buyer’s Environmental Consultant at all times during Buyer’s Environmental Review. With respect to any samples taken in connection with Buyer’s Environmental Review, Buyer shall take split samples, providing one of each such sample, properly labeled and identified, to Seller. The Parties shall execute a “common undertaking” letter regarding the confidentiality for the Environmental Review where appropriate. Buyer hereby agrees to release, defend, indemnify and hold harmless Seller from and against all claims, losses, damages, costs, expenses, causes of action and judgments of any kind or character (INCLUDING THOSE RESULTING FROM SELLER’S SOLE, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY) to the extent arising out of Buyer’s Environmental Review. Buyer hereby covenants and agrees that it will have at least $2,000,000 of general liability insurance to cover its indemnification hereunder prior to the commencement of the Environmental Review.

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

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