Mitigation Land Clause Samples

Mitigation Land. To the extent provided in the Development Business Plan and consented to by Tejon during the Remaining Entitlement Period (which consent may be withheld in its sole and absolute discretion), after the Remaining Contribution Date, Tejon shall grant a non-exclusive access easement covering additional land owned by Tejon (or if required by the applicable governing agencies, convey in fee by grant deed additional land owned by Tejon), in the event the Company is required to dedicate such land for mitigation purposes to comply with its obligations or conditions of approval for the Entitlements (including conditions of approval imposed to settle any litigation challenging the Entitlements if such settlement has been approved by Tejon and the Executive Committee, in their respective sole and absolute discretion) (the “Mitigation Land”). Tejon hereby agrees to grant a non-exclusive access easement covering (or if required by the applicable governing agencies, convey in fee by grant deed to the Company as Mitigation Land) the North and South Mitigation Land at such time required by the applicable governing agencies but no sooner than the Remaining Contribution Date. Tejon shall not receive any credit to its Book Capital Account (or otherwise receive any reimbursement, compensation, or other amounts) as a result of conveying or otherwise granting any rights to any Mitigation Land pursuant to this Section 9.1.
View SourceView Similar (2)
Mitigation Land. Seller acknowledges that Buyer has entered into an agreement with The Environmental Trust, Inc. to acquire [CONFIDENTIAL TREATMENT REQUESTED] environmental credits within the ▇▇▇▇▇ Canyon Conservation Bank to be applied towards satisfaction of the mitigation land requirements imposed by the City as a condition to the development of the Property. Buyer hereby waives the condition set forth in Section 6.1.4 of the Agreement. Seller and Partnership hereby release Buyer and its successors and assigns from any obligation or responsibility to acquire the Mitigation Property. Seller and Partnership hereby further agree to CONFIDENTIAL TREATMENT REQUESTED release, indemnify and hold harmless Buyer and its successors and assigns, and, contingent upon the Close of Escrow, release the City of San Diego from and against any claim, liability, cause of action or expense, including attorneys' fees, which Seller or the Partnership may have, or claim to have, arising from the Mitigation Property not being acquired and used by Buyer, or not being accepted by the City, towards satisfaction of the mitigation land requirement for the Property.
View Source
Mitigation Land. The Partnership owns and holds fee simple title to that certain real property comprising approximately 17 gross acres located in the City and County of San Diego ("County") legally described on Exhibit "C" and depicted on Exhibit "D" attached hereto (the "Mitigation Land"). As used herein, the "Mitigation Property" means the Mitigation Land together with: (a) all easements and other rights appurtenant thereto, including the Partnership's interest (if any) in appurtenant water and mineral rights; and (b) the Partnership's entire right, title and interest in and to all governmental permits, entitlements and approvals applicable to the Mitigation Land, and all other contracts or agreements with respect to the Mitigation Land that are approved in writing by Buyer. On or before expiration of the Due Diligence Period, as a condition to Buyer's obligations, Buyer and Seller shall execute and deliver a Purchase and Sale Agreement and Joint Escrow Instructions under a separate escrow with Escrow Agent for the purchase and sale of the Mitigation Property (the "Mitigation Property Agreement"). The Purchase Price for the Mitigation Property shall be [CONFIDENTIAL TREATMENT REQUESTED].
View Source
Mitigation Land 
View Source

Related to Mitigation Land

  • Mitigation Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of the Covered Termination, or otherwise.

  • Remediation If Contractor claims that its products or services satisfy the applicable requirements and standards specified in Section 4.2.1 and it is later determined by HCA that any furnished product or service is not in compliance with such requirements and standards, HCA will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost to HCA, repair or replace the non-compliant products or services within the period specified by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the Contract, delivery, task order, or work order, or purchase line item without termination liabilities or have any necessary changes made or repairs performed by employees of HCA or by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby.

  • 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.

  • Hazardous Materials; Remediation (a) If any material release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Credit Party will cause the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all applicable Environmental Laws and Healthcare Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Credit Party shall comply in all material respects with each Environmental Law and Healthcare Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material. (b) Credit Parties will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s reasonable business determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Effect.