Common use of Environmental Remediation Clause in Contracts

Environmental Remediation. Section 22.0908(p) states that the Sale Transaction shall not impair the City’s ability to continue its plan ofenvironmental remediation of the Real Property and the River Park Property based on the City’s existing agreements with responsible parties. The Parties agree that this Municipal Code provision has no practical significance in the Sale Transaction, as the City is not, and has not recently been, undertaking any environmental remediation e forts with respect to the Real Property or the River Park Property, and that, upon the Closing, the City has no liability or responsibility for same with respect to the CSU Property or the River Park Property (except the City shall be liable or responsible solely for environmental remediation on the River Park Property required as a direct result of environmental conditions determined to have existed on the River Park Property prior to the Closing Date, subject to the City’s ability to seek recovery ofall resulting remediation costs from Xxxxxx Xxxxxx under the Xxxxxx Xxxxxx Settlement Agreement). As of the E fective Date of this Agreement, the City and Xxxxxx Xxxxxx have entered into the Xxxxxx Xxxxxx Right of Entry Permit authorizing Xxxxxx Xxxxxx to perform the Well Removal and Abandonment Work as required by the Cleanup and Abatement Order. CSU entered into the Xxxxxx Xxxxxx Expedited Well Removal Agreement with a Xxxxxx Xxxxxx a filiate to facilitate acceleration of the Well Removal and Abandonment Work. Upon entering into the Xxxxxx Xxxxxx Expedited Well Removal Agreement with CSU, Xxxxxx Xxxxxx commenced and is continuing to perform the Well Removal and Abandonment Work. The Xxxxxx Xxxxxx Expedited Well Removal Agreement does not modify the terms of the Xxxxxx Xxxxxx Right of Entry Agreement or the Cleanup and Abatement Order or relieve Xxxxxx Xxxxxx of any of its obligations thereunder or under any other applicable Law, including Environmental Law, or governmental orders or directives.

Environmental Remediation. Section 22.0908(p) states that the Sale Transaction shall not impair the City’s ability to continue its plan ofenvironmental remediation of the Real Property and the River Park Property based on the City’s existing agreements with responsible parties. The Parties agree that this Municipal Code provision has no practical significance in the Sale Transaction, as the City is not, and has not recently been, undertaking any environmental remediation e forts xx xxxx with respect to the Real Property or the River Park Property, and that, upon the Closing, the City has no liability or responsibility for same with respect to the CSU Property or the River Park Property (except the City shall be liable or responsible solely for environmental remediation on the River Park Property required as a direct result of environmental conditions determined to have existed on the River Park Property prior to the Closing Date, subject to the City’s ability to seek recovery ofall resulting remediation costs from Xxxxxx Xxxxxx under the Xxxxxx Xxxxxx Settlement Agreement). As of the E fective Ef ective Date of this Agreement, the City and Xxxxxx Xxxxxx have entered into the Xxxxxx Xxxxxx Right of Entry Permit authorizing Xxxxxx Xxxxxx to perform the Well Removal and Abandonment Work as required by the Cleanup and Abatement Order. CSU entered into the Xxxxxx Xxxxxx Expedited Well Removal Agreement with a Kinder Xxxxxx Xxxxxx a filiate xx iliate to facilitate acceleration of the Well Removal and Abandonment Work. Upon entering into the Xxxxxx Xxxxxx Expedited Well Removal Agreement with CSU, Xxxxxx Xxxxxx commenced and is continuing to perform the Well Removal and Abandonment Work. The Xxxxxx Xxxxxx Expedited Well Removal Agreement does not modify the terms of the Xxxxxx Xxxxxx Right of Entry Agreement or the Cleanup and Abatement Order or relieve Xxxxxx Xxxxxx of any of its obligations thereunder or under any other applicable Law, including Environmental Law, or governmental orders or directives.

Environmental Remediation. Section 22.0908(p) states that the Sale Transaction shall not impair the City’s ability to continue its plan ofenvironmental of environmental remediation of the Real Property and the River Park Property based on the City’s existing agreements with responsible parties. The Parties agree that this Municipal Code provision has no practical significance in the Sale Transaction, as the City is not, and has not recently been, undertaking any environmental remediation e forts with respect to the Real Property or the River Park Property, and that, upon the Closing, the City has no liability or responsibility for same with respect to the CSU Property or the River Park Property (except the City shall be liable or responsible solely for environmental remediation on the River Park Property required as a direct result of environmental conditions determined to have existed on the River Park Property prior to the Closing Date, subject to the City’s ability to seek recovery ofall resulting remediation costs from Xxxxxx Xxxxxx under the Xxxxxx Xxxxxx Settlement Agreement). As of the E fective Effective Date of this Agreement, the City and Xxxxxx Xxxxxx have entered into the Xxxxxx Xxxxxx Right of Entry Permit authorizing Xxxxxx Xxxxxx to perform the Well Removal and Abandonment Work as required by the Cleanup and Abatement Order. CSU entered into the Xxxxxx Xxxxxx Expedited Well Removal Agreement with a Xxxxxx Xxxxxx a filiate affiliate to facilitate acceleration of the Well Removal and Abandonment Work. Upon entering into the Xxxxxx Xxxxxx Expedited Well Removal Agreement with CSU, Xxxxxx Xxxxxx commenced and is continuing to perform the Well Removal and Abandonment Work. The Xxxxxx Xxxxxx Expedited Well Removal Agreement does not modify the terms of the Xxxxxx Xxxxxx Right of Entry Agreement or the Cleanup and Abatement Order or relieve Xxxxxx Xxxxxx of any of its obligations thereunder or under any other applicable Law, including Environmental Law, or governmental orders or directives. Nothing in this Agreement shall be interpreted as the City’s waiver of its right to pursue recovery of environmental remediation costs directly from Xxxxxx Xxxxxx under the Xxxxxx Xxxxxx Settlement Agreement with respect to the River Park Property. CSU agrees to Cooperate with the City, at no out of pocket cost and with no liability to CSU, by not unreasonably impeding access by the City or a designated third party as necessary to perform testing or remediation, if the City desires to pursue future recovery against Xxxxxx Xxxxxx under the Xxxxxx Xxxxxx Settlement Agreement with respect to the River Park Property.