New Jersey Industrial Site Recovery Act Clause Samples

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New Jersey Industrial Site Recovery Act. With respect to the Real Property located in Parsippany, New Jersey (the “New Jersey Site”), the Company shall, at its sole cost and expense, be responsible for complying with New Jersey’s Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. and implementing regulations (“ISRA”) in connection with the consummation of this Agreement. Such compliance shall include giving written notice of the transaction to the New Jersey Department of Environmental Protection (“NJDEP”) within five (5) days after the date of this Agreement, and making any further submittals required under ISRA, unless the Company provides a letter of non-applicability from NJDEP as provided under ISRA and reasonably acceptable to Parent. The Company shall keep Parent reasonably informed of the Company’s efforts to comply with (or secure a letter of non-applicability with respect to) ISRA, including providing Parent with a reasonable opportunity to comment on any written submittals to or other written communications with, and reasonable notice of and opportunity to participate in any telephonic or in-person meetings with, NJDEP in connection with such ISRA compliance. Parent shall reasonably cooperate with the Company in providing information reasonably needed for any written submittal pursuant to ISRA.
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New Jersey Industrial Site Recovery Act. (a) Prior to and after the Closing Date, to the extent that the New Jersey Industrial Site Recovery Act, N.J.
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New Jersey Industrial Site Recovery Act. The Offer and the Merger are subject to the New Jersey Industrial Site Recovery Act (N.J.
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New Jersey Industrial Site Recovery Act. A. Lessee shall, on or before the date which is four (4) months prior to the Termination Date, deliver to Lessor evidence of its compliance with the New Jersey Industrial Site Recover Act (N.J.S.A. 13: IK-6 et seq.) (ISRA). In the event that the Lessee fails to deliver such evidence to the Lessor on or before the Termination Date, then, and in such event and for every month or portion of month thereafter, the obligation of the Lessee to pay rent and other charges pursuant to this Lease shall be extended one (1) month beyond the Termination Date. B. The Lessee agrees to defend, indemnify and hold harmless the Lessor from and against any and all losses and costs and expenses oflitigation ("Environmental Litigation") incurred by the Lessee to the extent arising out of or in any way connected with the application of the New Jersey Spill Compensation and Control Act (NJ.S.A. 58:10-23 et seq.), the New Jersey Industrial Site Recovery Act (NJ.S.A, 13:lK-6 et seq.), the Comprehensive Environmental Response Compensation Liability Act of 1980 (Pub. L. No. 96-510, 94th Stat. 2767, 1980), the New Jersey Air Pollution Control Act (NJ.S.A, 26:2C-1 et seq.). the Resource Conservation Recovery Act (42 U.S.C. 6901 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.) and any similar state or federal statutes (collectively, "Environmental Laws") to the Demised Premises or any part thereof; provided, however that (i) Lessor provides written notice of any such actual or threatened Environmental Litigation promptly after becoming aware thereof, (ii) Lessor grants to Lessee the sole right to control the defense of such Environmental Litigation and cooperates with ▇▇▇▇▇▇, at Lessee's reasonable expense and as reasonably required by ▇▇▇▇▇▇, in the defense and settlement thereof and (iii) Lessor does not compromise or settle such actual or threatened Environmental Litigation without ▇▇▇▇▇▇'s prior written consent, not to be unreasonably withheld. The Lessee covenants and agrees to take all necessary steps in order to prevent any liens pursuant to the Environmental Laws from attaching to the Demised Premises to the extent arising from ▇▇▇▇▇▇'s conduct. C. Lessee shall not cause or permit to exist as a result of an intentional or unintentional action or omission on its part a releasing, spilling, leaking, pumping, emitting, pouring, emptying or dumping (collectively, "Release") ofa "hazardous substance", as such term is defined in NJ.S.A. 58:10-23.1 l(b)(k) into the waters of the Sta...
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New Jersey Industrial Site Recovery Act. With respect to the Real Property located in the State of New Jersey, the Company shall use commercially reasonable efforts to cooperate with and assist Buyer to comply in all material respects with all applicable pre-Closing provisions of the New Jersey Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. (“ISRA”) necessary for the indirect transfer of such Real Property, including possibly seeking a Remediation In Progress Waiver; provided, however, that any ISRA filing or submittal by the Company to the New Jersey Department of Environmental Protection (“NJDEP”) shall be provided in advance to Buyer and its Representatives for their review, including without limitation, any proposed ISRA Remediation Agreement Application. Following Closing, the obligations to complete the ISRA process (and all related costs) shall be satisfied by the Surviving Corporation. Buyer shall reimburse the Company for all reasonable, documented out-of-pocket costs, fees and expenses that the Company incurs in connection with its obligations under this Section 7.07.
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New Jersey Industrial Site Recovery Act. Borrower represents and warrants that neither the Property nor any portion of the Property constitutes an "industrial establishment" within the meaning of the Industrial Site Recovery Act, N.J.S.A. 13:1K6, et seq. ("ISRA"), nor has the Property or any portion of the Property constituted an "industrial establishment" for purposes of ISRA or its predecessor, the Environmental Cleanup Responsibility Act ("ECRA"), N.J.S.A. 13:1K-6 to -13, at any time since December 31, 1983. Borrower represents and warrants that since December 31, 1983, no transaction has taken place involving the Property or any entity which directly or indirectly owned or operated the Property which transaction would have constituted "closing, terminating or transferring operations," "closing operations," or "transferring ownership or operations" within the meaning of ISRA or ECRA had the Property at the time of that transaction constituted an "industrial establishment" for purposes of ISRA or ECRA. Borrower shall promptly comply, and shall cause any of its lessees, sublessees or assigns promptly to comply, with any request by Lender to provide such information, statements or affidavits as may be necessary to establish the applicability or non-applicability of ISRA or ECRA to any transaction involving (A) the Property, (B) Borrower, (C) any person or entity which directly or indirectly owns or controls Borrower, (D) any lessee, sublessee or assign of Borrower, or (E) any person or entity which directly or indirectly owns or controls any lessee, sublessee or assign of Borrower. Borrower shall comply with any requirements of ISRA pertaining to the Property, or shall cause compliance with those requirements, during the term of this Security Instrument. Borrower shall not permit the Property to be used as an "industrial establishment" within the meaning of ISRA during the term of this Security Instrument.
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New Jersey Industrial Site Recovery Act. (a) Prior to and after the Closing Date, to the extent that the New Jersey Industrial Site Recovery Act, N.J.S.A. 13:1K-6, et seq. ("ISRA") is applicable to the Company's denatured alcohol manufacturing facility in Newark, New Jersey (the "New Jersey Property""), the Company shall be responsible for taking all necessary actions to comply with the requirements of ISRA with respect to the transaction as contemplated hereby, including, but not limited to, submitting all necessary forms and conducting any required investigation and remediation, and shall bear all of the costs and expenses associated with such compliance. (b) The Company shall provide Parent with advance copies of all correspondence and documents to be filed in connection with ISRA and shall cooperate with Parent with respect to any reasonable comments suggested by Parents to such filings.
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Related to New Jersey Industrial Site Recovery Act

  • National Environmental Policy Act All subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., and the Council on Environmental Quality (CEQ) Regulations (40 C.F.R. Parts 1500-1508) for Implementing the Procedural Provisions of NEPA, which requires Subrecipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

  • Occupational Health and Safety Act The Employer, the Union, and the Employees recognize they are bound by the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c.7, and appropriate federal acts and regulations. Any breach of these obligations may be grieved pursuant to this Agreement.

  • Environmental Health and Safety i. Environment, Health and Safety Performance. Seller acknowledges and accepts full and sole responsibility to maintain an environment, health and safety management system ("EMS") appropriate for its business throughout the performance of this Contract. Buyer expects that Seller’s EMS shall promote health and safety, environmental stewardship, and pollution prevention by appropriate source reduction strategies. Seller shall convey the requirement of this clause to its suppliers. Seller shall not deliver goods that contain asbestos mineral fibers.

  • Environmental, Health and Safety Matters (a) Comply in all material respects with all applicable Environmental Laws, including, without limitation, obtaining and complying with and maintaining any and all licenses, approvals, notifications, registrations or permits required by applicable Environmental Laws. For purposes of this Section 5.12(a), material noncompliance by the Company, any of its Subsidiaries or any tenant or subtenant, with any applicable Environmental Law shall be deemed not to constitute a breach of this covenant provided that, upon learning of any actual or suspected material noncompliance, the Company and the relevant Subsidiaries shall promptly undertake all reasonable efforts to achieve material compliance (or contest in good faith by appropriate proceedings the alleged violation or applicable Environmental Law at issue and (to the extent required by GAAP) provide on the books of the Company or any of its Subsidiaries, as the case may be, reserves in accordance with GAAP with respect thereto), and provided further that, in any case, such noncompliance, and any other noncompliance with applicable Environmental Law, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. (b) Promptly comply in all material respects with all lawful orders and directives of all Governmental Authorities regarding applicable Environmental Laws, except to the extent that the validity thereof is currently being contested in good faith by appropriate proceedings and (to the extent required by GAAP) reserves in accordance with GAAP with respect thereto have been provided on the books of the Company or any of its Subsidiaries, as the case may be. (c) Defend, indemnify and hold harmless the Administrative Agent and the Lenders, and their respective parents, subsidiaries, affiliates, employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way relating to the violation of, noncompliance with or liability under any Environmental Laws applicable to the Company or any of its Subsidiaries or any of their respective operations or properties, or any orders, requirements or demands of Governmental Authorities related thereto, including, without limitation, attorney’s and consultant’s fees, investigation and laboratory fees, response costs, court costs and litigation expenses, except to the extent that any of the foregoing arise out of the gross negligence or willful misconduct of (or, as determined pursuant to a claim initiated by the Company, breach in bad faith of its express obligations under the applicable Loan Documents by) the party seeking indemnification therefor, in each case, as determined by a final non-appealable judgment by a court of competent jurisdiction. This indemnity shall continue in full force and effect regardless of the termination of this Agreement.

  • Pollution Control The Employer and the Union agree to limit all forms of environmental pollution.