Common use of Notice of Environmental Defects Clause in Contracts

Notice of Environmental Defects. (i) If Buyer discovers any Environmental Defect affecting the Assets, Buyer shall notify Seller prior to the expiration of the Examination Period of such alleged Environmental Defect. To be effective, such notice must: (A) be in writing; (B) be received by Seller prior to the expiration of the Examination Period; (C) describe the Environmental Defect in sufficient, specific detail, including, without limitation, (1) the written conclusion that an Environmental Defect exists, which conclusion shall be reasonably substantiated by the factual data gathered in Buyer’s Environmental Review, and (2) a separate specific citation of the provisions of Environmental Laws alleged to be violated and the related facts that substantiate such violation; (D) identify the specific Assets affected by such Environmental Defect, including, without limitation, a site plan showing the location of the Environmental Defect; (E) make recommendations from Buyer’s Environmental Consultant to cure the Environmental Defect; and (F) state Buyer’s estimate of the Environmental Defect Value, including the basis for such estimate, for which Buyer would agree to adjust the Purchase Price in order to accept such Environmental Defect if Seller elected Section 12.2(c)(i) as the remedy therefor.

Notice of Environmental Defects. (ia) If Buyer discovers any Environmental Defect affecting the Assets, Buyer shall notify Seller prior to the expiration of the Examination Period of such alleged Environmental Defect. To be effective, such notice must: (Ai) be in writing; (Bii) be received by Seller prior to the expiration of the Examination Period; (Ciii) describe the Environmental Defect in sufficient, specific detail, including, without limitation, (1A) the written conclusion of Buyer's Environmental Consultants that an Environmental Defect exists, which conclusion shall be reasonably substantiated by the factual data gathered in Buyer’s 's Environmental Review, and (2B) a separate specific citation of the provisions of Environmental Laws alleged to be violated and the related facts that substantiate such violation; (Div) identify the specific Assets affected by such Environmental Defect, including, without limitation, a site plan showing the location of all sampling events, boring logs and other field notes describing the sampling methods utilized and the field conditions observed, chain-of-custody documentation and laboratory reports; (v) identify the procedures recommended to correct the Environmental Defect; (E) make , together with any related recommendations from Buyer’s 's Environmental Consultant to cure the Environmental DefectConsultant; and (Fvi) state Buyer’s 's estimate of the Environmental Defect Value, including the basis for such estimate, for which Buyer would agree to adjust the Purchase Price in order to accept such Environmental Defect if Seller elected Section 12.2(c)(i4.04(a)(iv) as the remedy therefor.

Notice of Environmental Defects. (i) If i)If Buyer discovers any Environmental Defect affecting the Assets, Buyer shall notify Seller prior to as promptly as practicable, but no later than the expiration of the Examination Period of such alleged Environmental Defect, except as otherwise expressly set forth herein. To be effective, such notice must: (A) be in writing; (B) be received by Seller prior to by 5:00 p.m. Central Time on the expiration date of the Examination Period; (C) describe the Environmental Defect in sufficient, specific detail, including, without limitation, (1) the written conclusion that an Environmental Defect exists, which conclusion shall be reasonably substantiated by the factual data gathered in Buyer’s Environmental Review, and (2) a separate specific citation of the provisions of Environmental Laws alleged to be violated and the related facts that substantiate such violation; (D) identify the specific Assets affected by such Environmental Defect, including, without limitation, a site plan showing the location of the Environmental Defect; (E) make recommendations from Buyer’s Environmental Consultant to cure the Environmental Defect; and (F) state Buyer’s estimate of the Environmental Defect Value, including the basis for such estimate, for which Buyer would agree to adjust the Purchase Price Initial Consideration Payment in order to accept such Environmental Defect if Seller elected Section 12.2(c)(i11.2(c)(i) as the remedy therefor.

Notice of Environmental Defects. (ia) If Buyer discovers any Environmental Defect affecting that materially affects the Assets, Buyer shall notify Seller prior to the expiration of the Environmental Examination Period of such alleged Environmental Defect. To be effective, such notice must: (Ai) be in writing; (Bii) be received by Seller prior to the expiration of the Environmental Examination Period; (Ciii) describe the Environmental Defect in sufficient, specific detail, including, without limitation, (1A) the written conclusion of Buyer’s Environmental Consultants that an Environmental Defect exists, which conclusion shall be reasonably substantiated by the factual data gathered in Buyer’s Environmental Review, and (2B) a separate specific citation of the provisions of Environmental Laws alleged to be violated and the related facts that substantiate such violation; (Div) identify the specific Assets that are materially affected by such Environmental Defect, including, without limitation, a site plan showing ; (v) identify the location of procedures recommended to correct the Environmental Defect; (E) make , together with any related recommendations from Buyer’s Environmental Consultant to cure the Environmental DefectConsultant; and (Fvi) state Buyer’s estimate of the Environmental Defect Value, including the basis for such estimate, for which Buyer would agree to adjust the Purchase Price in order to accept such Environmental Defect if Seller elected Section 12.2(c)(i4.04(b) as the remedy therefor.