RESPONSE ACTION. 4. Xxxxxxx agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by Xxxxxxx, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by Minkles, or its designee, in accordance with the schedule provided in the initial Work Plan. Xxxxxxx acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. Xxxxxxx agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, Xxxxxxx may seek an amendment of this Contract to clarify its further responsibilities. Xxxxxxx shall perform all actions required by this Contract, and any related actions of Xxxxxxx’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 5. All remedial activity(s) conducted pursuant to this Agreement shall be done in accordance with the Regulations and the following guidance documents:
RESPONSE ACTION. If any investigation or monitoring or any clean-up, --------------- containment, restoration, removal or other Remediation (collectively the "Response Action") is required under any applicable Environmental Law or in --------------- order to comply with any agreements assigned under this Agreement affecting any Business Facility or other property because of, or in connection with, any occurrence or event described in paragraph (a) above, Parent, GPX and Sellers shall jointly and severally have the obligation to either perform or cause to be performed the Response Action in compliance with Requirements of Environmental Laws, or shall promptly reimburse the Buyer Indemnified Persons for the cost of such Response Action. In the event that Parent, GPX and Sellers elect to perform the Response Action, all Response Action shall be performed by one or more contractors, selected by Parent, GPX or Sellers, as the case may be, and approved in advance in writing by the Buyer Indemnified Persons, with such approval not to be unreasonably withheld, and under the supervision of a consulting engineer, selected by Parent, GPX or Sellers, as the case may be, and approved in advance in writing by the Buyer Indemnified Persons with such approval not to be unreasonably withheld. Otherwise, the Buyer Indemnified Persons shall select the contractor(s) and the consulting engineer with approval by Seller not to be unreasonably withheld. All costs and expenses of such Response Action shall be paid either directly, or in the form of reimbursement to the Buyer Indemnified Persons, by Parent, GPX or Sellers, as the case may be, including, without limitation, the charges of such contractor(s) and/or the consulting engineer, and, if the Buyer must undertake Response Action, the Buyer Indemnified Persons' reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Response Action. In the event Parent, GPX or Sellers shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Response Action, the Buyer Indemnified Persons may cause such Response Action to be performed after giving Parent, GPX and Sellers at least fifteen days advance written notice of the intention to perform such Response Action, and all costs and expenses thereof, or incurred in connection therewith, shall be Damages. All such Damages shall be due and payable upon demand therefor by an Buyer Indemnified Person.
RESPONSE ACTION. XOX shall perform the following actions in response to the Company's technical support inquiries:
RESPONSE ACTION. 4. GMH agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by GMH, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by GMH, or its designee, in accordance with the schedule provided in the initial Work Plan. GMH acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. GMH agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, GMH may seek an amendment of this Contract to clarify its further responsibilities. GMH shall perform all actions required by this Contract, and any related actions of GMH’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. If any investigation or monitoring or any clean-up, containment, restoration, removal or other Remediation (collectively the "Response Action") is required under any applicable Environmental Law and which involves a claim properly made by the Buyer under Section 10.03 hereof, the Seller shall either perform or cause to be performed the Response Action in compliance with Requirements of Environmental Laws, or shall promptly reimburse Buyer for the cost of such Response Action. In the event that the Seller elects to perform the Response Action, all Response Action shall be performed by one or more contractors and consulting engineers, selected by the Seller and reasonably approved in advance in writing by the Buyer, and under the supervision of a consulting engineer. The Seller shall bear responsibility for fees and expenses of the consulting engineer. Otherwise, the Buyer shall select the contractor(s) and the consulting engineer. All costs and expenses of such Response Action shall be paid either directly, or in the form of reimbursement to the Buyer, by the Seller including, without limitation, the charges of such contractor(s) and/or the consulting engineer, and the Buyer's reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Response Action. In the event the Seller shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Response Action, the Buyer may cause such Response Action to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be Damages.
RESPONSE ACTION. Section 4.1 Seller.....................................................................................................Preamble Seller Indemnitee(s)....................................................................................Section 8.3 Support Agreement......................................................................................Section 7.14 Taxes................................................................................................Section 3.1(d) Trade Secrets.............................................................................................
RESPONSE ACTION. 4. The Non-Responsible Parties agree to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by the Non- Responsible Parties, or their designee(s), within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A Report of the assessment results shall be submitted by the Non-Responsible Parties, or their designee(s) in accordance with the schedule provided in the initial Work Plan. The Non- Responsible Parties acknowledge that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. The Non-Responsible Parties agree to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, the Non-Responsible Parties may seek an amendment of this Contract to clarify their further responsibilities. The Non-Responsible Parties shall perform all actions required by this Contract, and any related actions of the Non-Responsible Parties’ choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. 4. Monterey agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by Monterey, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by Monterey, or its designee, in accordance with the schedule provided in the initial Work Plan. Monterey acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. Monterey agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, Monterey may seek an amendment of this Contract to clarify its further responsibilities. Monterey shall perform all actions required by this Contract, and any related actions of Monterey’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. Permittee shall not conduct or permit any Response Action including the implementation of any investigative work plan including installation, removal, sampling, or monitoring of any soil boring, temporary or permanent monitoring points, such as groundwater xxxxx, soil vapor probes, and piezometers located on the Premises or on other Port property without the Port’s prior written approval. Permittee shall not implement any Response Action on the Premises or on other Port property without prior written Port approval. If Permittee is allowed by the Port to conduct any site investigation where soil borings are drilled or temporary or permanent monitoring points are installed on the Premises, Permittee shall survey such soil borings and monitoring xxxxx relative to the Port’s horizontal and vertical datum, and provide survey coordinates to the Port. Permittee shall be responsible for any repair or damage arising from Permittee conducting any Response Action including responsibility for:
