Environmental Cleanup. (a) Tenant shall, at Xxxxxx’s own expense, comply with all laws regulating the use, generation, storage, transportation, or disposal of Hazardous Substances (“Laws”) associated with the Premises during Tenant’s use or occupancy of the Premises.
Environmental Cleanup. (A) Tenant shall, at Tenant's own expense, comply with all laws regulating the use, generation, storage, transportation, or disposal of hazardous substances ("Laws").
Environmental Cleanup. Amounts collected for environmental cleanup that are recorded in Account 186; and
Environmental Cleanup. Tenant agrees to Environmental Cleanup as follows: (a) Tenant shall, at Tenant's own expense, comply with all Hazardous Substance Laws regulating the use, generation, storage, transportation, or disposal of Hazardous Substances; (b) Tenant shall, at Tenant's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities (the "Authorities") under the Laws; (c) should any Authority demand that a cleanup plan be prepared and that a cleanup be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Lease, at or from the Premises, or which arises at any time from Tenant's use or occupancy of the Premises, then Tenant shall, at Tenant's own expense, prepare and submit the required plans and all related bonds and other financial assurances, and Tenant shall carry out all such cleanup plans; and (d) Tenant shall promptly provide all information regarding the use, generation, storage, transportation, or disposal of Hazardous Substances that is requested by Landlord; provided, however, Tenant shall not be responsible for Environmental Cleanup of. (i) Hazardous Substances existing on the Premises prior to the Commencement Date; or (ii) Hazardous Substances whose presence on the Premises were caused by a party other dm Tenant or a party operating under Tenant's direction or control. If Tenant fails to fulfill any duty imposed under this Paragraph within a reasonable time, Landlord may do so, at Tenant's expense; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Hazardous Substance Laws shall constitute a waiver of any of Tenant's obligations under this Paragraph. Tenant will, at and to the extent of any reasonable written request of Landlord, remove from the Premises at the end of Term, at Tenant's expense and in accordance with any applicable laws or regulations, equipment that belongs to Tenant (including refrigeration equipment and enhancements to the Building's standard HVAC systems) that contains, uses or generates freon or any other chlorofluoro...
Environmental Cleanup i. Lessee shall, at Lessee's own expense, comply with all laws regulating the use, generation, storage, transportation or disposal of Hazardous Substances ("Law").
Environmental Cleanup. (a) Sellers shall be responsible for addressing and managing any judicial or administrative proceedings in connection with the release of a Hazardous Substance into the environment by the Company where the alleged release occurred prior to the Closing (“Environmental Proceedings”), including but not limited to the on-going environmental cleanup project at the Company’s Leased Real Property pursuant to the Voluntary Cleanup Program Letter of Agreement, dated February 21, 2002, entered into between the Company and the Oregon Department of Environmental Quality (“DEQ”), and in a manner consistent with the final Record of Decision, dated August 22, 2012. Sellers, and their designees (attorneys and environmental consultants selected by the Sellers’ Representative), shall have the right to control such Environmental Proceedings, provided, however, that upon Buyer’s request, Sellers or their designees shall consult with Buyer’s representatives regarding the management and status of the Environmental Proceedings, and provide Buyer’s representatives with copies of any documentation associated with the Environmental Proceedings. Sellers agree to manage and conduct the Environmental Proceedings in a manner so as not to unreasonably disrupt Buyer’s operation of the Company at the Real Property following the Closing Date, and if requested, will undertake reasonable alternative methods for addressing the environmental remediation at the Real Property, so long as such action (i) is not unreasonably expensive, (ii) will not cause an unreasonable delay in addressing the Environmental Proceedings and (iii) is consistent with the requirements of the overseeing Governmental Authority and recommendations of Sellers’ environmental consultants. Sellers shall include Buyer’s representatives in all material meetings with any Governmental Authority regarding the Environmental Proceedings. Sellers will be responsible for managing, undertaking and overseeing all necessary actions (including, but not limited to, obtaining and maintaining all necessary governmental Permits and/or authorizations, engaging all third-party contractors and professionals directly; ensuring that all third-party contractors and professionals maintain adequate insurance coverage, etc.), in order to effectuate Closure of the Environmental Proceedings.
Environmental Cleanup. Contractor shall conduct any environmental cleanup needed as a result of any chemical or fuel spill that occurs in the course of business.
Environmental Cleanup. The parties acknowledge that Environmental Conditions may exist on the Property as described in the Environmental Due Diligence Reports. In addition to its performance of the County Tasks as provided in Section 6.1, County shall, effective with Closing, authorize the Escrow Agent to retain Three Hundred Fifty Thousand Dollars ($350,000) from the Purchase Price (the “Escrow Holdback”), to contribute toward the premium of an environmental liability insurance policy on the Property, which shall be purchased by Developer using the Escrow Holdback effective with Closing, insuring against third party personal injury, third party property damage, remediation costs, and the incremental costs of development and construction caused by the Environmental Conditions (the “Environmental Policy”). The Environmental Policy shall designate Developer as the named insured and County as an additional named insured. County shall be entitled to review and approve the terms and conditions of the Environmental Policy prior to its purchase (which approval shall not be unreasonably withheld or delayed), and, if the Environmental Policy can be purchased and maintained on commercially reasonable terms, with commercially reasonable deductible amounts as reasonably determined by Developer, Developer agrees to keep the Environmental Policy in full force and effect until development of the Property is complete. (For purposes of this Section 8.2, development of the Property shall be deemed complete when excavation of the Property is completed and construction of the foundations, utilities and work in the public right of way related to the development of the Property is completed.) Any portion of the Escrow Holdback not used to pay the Environmental Policy premium, may be used, at Developer’s election, to pay any uninsured retention required by the Environmental Policy, to pay costs of remediating any Environmental Conditions discovered on the Property, or to pay the incremental costs of development of and construction on the Property attributable to the Environmental Conditions on the Property, such as the costs to dispose of contaminated soil or manage and pump contaminated ground water (collectively, “County’s Environmental Commitment”). The Escrow Agent shall be further instructed that, if any part of the Escrow Holdback remains unused by Developer for the purposes described above after development of the Property is complete, such unused part of the Escrow Holdback shall be reimbursed...
Environmental Cleanup. Seller shall have completed the required environmental cleanup of the property required to obtain the anticipated Consent Decree prior to the Completion Date.
Environmental Cleanup. In the event Borrower or Lender is or becomes obligated by any of the Environmental Laws or Governmental Requirements, or otherwise directed by any Governmental Authority, to clean up, remove, or encapsulate, or cause the cleanup, removal, or encapsulation of any Hazardous Material from the Premises, the Borrower (i) shall promptly undertake to arrange for such cleanup, removal and disposal in accordance with all applicable laws, rules, regulations and guidelines, (ii) shall exercise its best efforts to ensure that such cleanup and removal shall be conducted in a timely and diligent manner, and (iii) hereby expressly assumes the cost and expense of such cleanup, removal and/or encapsulation.
