Geotechnical Assessment and Remediation Sample Clauses

The Geotechnical Assessment and Remediation clause requires the evaluation of soil and subsurface conditions at a project site and mandates corrective actions if issues are identified. Typically, this involves conducting site investigations to detect problems such as soil instability, contamination, or unsuitable ground conditions, followed by implementing measures like soil replacement, stabilization, or decontamination. The core function of this clause is to ensure that the site is safe and suitable for construction, thereby minimizing risks related to structural failure or environmental hazards.
Geotechnical Assessment and Remediation. (a) The Developer shall engage geotechnical consultants to perform geotechnical evaluation of all sites identified as Development Sites and will provide copies of each of such report to the City. Preliminary geotechnical assessments are being funded pursuant to the 2011 CDBG Agreement; subsequent activities will be the responsibility of the City, and may be funded and carried out, as applicable, pursuant to CDBG Agreements. Except only as may be expressly provided in this Agreement or any amendment hereto or in any separate agreement between the parties hereto, remedial actions recommended in geotechnical assessment reports shall be included in Site Preparation Work as part of the delivery of each Development Site in Clean and Rough- Graded condition. The Developer shall submit or cause to be submitted to the City for its review all proposed plans and specifications for such remediation and shall cause the appropriate contractors or consultants to meet with the City for the purpose of reviewing such submissions and discussing any City questions or concerns. Developer shall exercise the reasonable care and standards of a professional real estate development company in connection with its activities under this Agreement and the CDBG Agreement; however, Developer shall bear no responsibility or liability for plans and specifications for site preparation activities as a result of its engagement of consultants and contractors on behalf of the City pursuant to this Agreement or the CDBG Agreement. If the Developer determines at any time prior to Closing that the nature of, time frames for, or cost of remediation of a geotechnical condition recommended in a geotechnical evaluation report, or remediation of a geotechnical condition which is discovered during the course of Site Preparation Work (or a materially increased scope or cost of remediation of a previously discovered condition which is discovered during the course of such Site Preparation Work) would render construction or operation of the New Improvements on the affected Development Site or portion thereof practically or financially unacceptable, the Developer and the City shall meet to consider the feasibility of the development of the Development Site or affected portions thereof and the possible methods and source of payment for remediation of such geotechnical condition. The Master Schedule may be extended by the time needed to remediate such geotechnical condition, if feasible in the light of control...
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Related to Geotechnical Assessment and Remediation

  • Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The party named in article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem’s mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other ▇▇▇▇▇ or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test ▇▇▇▇▇ or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Environmental Assessments Foreclose on or take a deed or title to any commercial real estate without first conducting a Phase I environmental assessment of the property or foreclose on any commercial real estate if such environmental assessment indicates the presence of a Hazardous Substance in amounts which, if such foreclosure were to occur, would be material.