Examples of Environmental Response Actions in a sentence
In the event the costs of EBP Environmental Response Actions exceed $49,000,000, DEC shall be responsible for payment of such costs in excess of $49,000,000, using funds from whatever source, up to a limit of an additional $50,000,000.
In the event the costs of EBP Environmental Response Actions exceed $99,000,000, DEC shall be responsible for payment of fifty percent (50%) of such costs in excess of $99,000,000, using funds from whatever source, with Kodak being responsible for payment of the other fifty percent (50%), as provided in the Settlement Agreement.
Subject to Article 4.6 (DEC Cooperation), DEC shall have the right, in its sole discretion, and without approval from Kodak or any third party, including any third party who takes any interest in the Park from Kodak, to direct the EBP Environmental Response Actions, including selection of trustees, any remedy and contractor(s) and consultant(s).
Except as necessary to respond to an imminent and substantial risk to public health or the environment, DEC shall (a) undertake EBP Environmental Response Actions in a manner that does not result in any material disruption to current and planned commercial activities at the Park and (b) work with owners and tenants at the Park in good faith to minimize disruptions and any material adverse impacts to the continued use of the Park as a technology center and industrial complex.
Trust funds shall be used exclusively to fund Environmental Response Actions and for no other purpose.
Any funds remaining in the Trust upon completion of all required EBP Environmental Response Actions shall be distributed to DEC to be used for any lawful purpose in DEC’s sole discretion.
The County also agrees to provide the Town with Notice by email and in writing of meetings with USEPA and/or MADEP, including, whenever practicable, an opportunity to participate in those meetings, and copies of correspondence with USEPA and/or MADEP concerning the Environmental Response Actions.
Before undertaking any material modification to projected EBP Environmental Response Actions, DEC shall give notice of such modification to Kodak and any future Park owners and thereby provide the opportunity to review and comment.
Any funds remaining in the Trust upon completion of all required Environmental Response Actions shall be distributed to DEC to be used for any lawful purpose within DEC’s sole discretion.
Upon expiration of the applicable Retained Responsibility Period and payment of the Anticipated Costs (as defined below), Agriliance shall have no further Responsibility or Liability for Environmental Response Actions at any of the Properties.