Remediation Activities. (a) Except as set forth in Section 7.09(b), from and after the Closing, Seller shall control all remedial actions and all negotiations with any Governmental Authority or any other Person in respect to all Environmental Claims that are subject to Seller’s indemnification obligations under Section 12.03 with counsel, consultants or contractors selected by Seller (to be reasonably acceptable to Purchaser), provided that Seller shall (i) keep Purchaser reasonably informed as to the status of the foregoing, (ii) promptly provide Purchaser with any material non-privileged related information, documentation and correspondence, and (iii) exercise reasonable best efforts to consult with Purchaser prior to exchanges of material information or material negotiations with any Person (Purchaser to make itself reasonably available and without unreasonable delay as to same). Such remedial actions and negotiations shall be performed in a commercially reasonable manner, including, to the extent allowed or authorized by applicable Environmental Law or the Governmental Authority having jurisdiction over a remedial action, the use of applicable commercial and/or industrial remediation standards and institutional controls. Seller agrees that, in conducting any remedial action or seeking a particular remedy or agreed remediation standard, it shall not unreasonably interfere with Purchaser’s business operations. Notwithstanding anything to the contrary contained herein, Seller shall not enter into any settlement or judgment, without Purchaser’s prior written consent, such consent not to be unreasonably withheld, that would encumber or impose on the Business or the Purchased Assets any restriction or condition that would materially and adversely affect the Purchaser or the Business. Purchaser may comment on Seller’s proposed remedial actions and may participate at its expense in any meetings or discussions with relevant Governmental Authorities, but Purchaser shall have no right to perform or participate in any aspect of any remedial actions performed or directed by Seller; provided, however, that Purchaser shall provide reasonable access to Seller and its environmental consultants to any property within the control of Purchaser that is subject to any remedial action obligation of Seller under this Agreement.
Remediation Activities. The Teacher Evaluation Form shall identify those areas needing remediation and/or improvement. The remediation called for generally reflects those traits rated unsatisfactory or problematic within the main body of the evaluation report. When a teacher is rated unsatisfactory and the related deficiencies are considered remedial, the evaluator, in consultation with the teacher and taking into account the teacher’s on-going professional responsibilities, including his or her regular teaching assignments, shall, within 30 school days of the evaluation, develop and institute a remediation plan designed to correct these deficiencies. The evaluee, a qualified evaluator and a consulting teacher will participate in the remediation process. When a teacher receives a rating of “Needs Improvement,” the evaluator, in consultation with the teacher and taking into account the teacher’s on-going professional responsibilities, including his or her regular teaching assignments, shall, within 30 school days after completion of the evaluation, develop a professional development plan directed to the areas that need improvement and any supports that the District will provide to address the areas identified as needing improvement. Teachers who complete a professional development plan shall receive a summative evaluation in each of the following two (2) school years.
Remediation Activities. PDC agrees to use reasonable efforts to assure that development of the Property will occur in a manner that minimizes the need for the City to incur Remediation Costs (including negotiating that a transferee of PDC incur all but Incremental Environmental Costs with respect to the development of a Parcel), that remediation efforts will be undertaken in a cost effective manner, and that the risk of claims regarding the Environmental Condition of the Property will be minimized. PDC will consult with the City and obtain input from the City regarding efforts taken to assure that development occurs and to develop the Parcel in a manner that minimizes Remediation Costs and any planned remediation of an Environmental Condition and PDC agrees to make reasonable efforts to incorporate the City’s reasonable recommendations with regard thereto.
Remediation Activities. The remediation activities associated with the Property shall be divided into three categories, as follows:
Remediation Activities. Prior to the Close of Escrow, ---------------------- Seller shall continue to operate any soil and/or groundwater treatment systems operating at the Real Property and the Adjacent Property, if applicable. Prior to the Close of Escrow, Seller shall remove from the Real Property, transport and dispose of or otherwise lawfully manage all Hazardous Substances known to be stored in containers on the Real Property other than materials stored in the drums referred to in Section 2.12.5 of the "scope of work" attached to the IT Contract with ITG. Prior to the Close of Escrow, Seller shall also continue to perform such remediation at the Real Property as may be required by applicable Agencies.
Remediation Activities. Like others in the energy industry, Duke Energy and its affiliates are responsible for environmental remediation at various contaminated sites. These include some properties that are part of ongoing Duke Energy operations, sites formerly owned or used by Duke Energy entities, and sites owned by third parties. Remediation typically involves management of contaminated soils and may involve groundwater remediation. Managed in conjunction with relevant federal, state and local agencies, activities vary with site conditions and locations, remedial requirements, complexity and sharing of responsibility. If remediation activities involve statutory joint and several liability provisions, strict liability, or cost recovery or contribution actions, Duke Energy or its affiliates
Remediation Activities. 53 Section 9.5 Exclusive Remedy...............................................................................56 Section 9.6
Remediation Activities. (a) Any Remediation or portion thereof for which a Purchaser Indemnitee seeks indemnification under Section 9.2 shall be conducted so as to meet the Commercial Reasonableness Standard.
Remediation Activities. CENIT and CENIT Bank shall proceed with diligence to obtain (a) a closure letter from the Virginia Department of Environmental Quality regarding the soil contamination located at the Olney Property, and (b) certificates of asbestos removal with respect to the first and third floors of the Olney Property from the respective companies which performed the asbestos removal, all as contemplated in that certain Environmental Remediation and Indemnity Agreement between CENIT Bank and D&C, LLC, dated December 21, 1998. In addition, CENIT shall deliver to SouthTrust an estimate for the cost of removing the asbestos from the second floor of the Olney Property.
Remediation Activities. Following the Execution Date and ---------------------- prior to the Close of Escrow, Seller shall continue to operate any soil and/or groundwater treatment systems operating at the Real Property and the Adjacent Property, if applicable. Prior to the Close of Escrow, Seller shall remove from the Real Property, transport and dispose of or otherwise lawfully manage all Hazardous Substances stored in containers on the Real Property. Seller shall also continue to perform such remediation at the Real Property as may be required by applicable Agencies.
