Phase I ESA Sample Clauses
A Phase I Environmental Site Assessment (ESA) clause requires an evaluation of a property to identify potential or existing environmental contamination liabilities. Typically, this involves a review of records, a site inspection, and interviews with owners or occupants to assess the likelihood of hazardous substances being present. The core function of this clause is to protect parties in a transaction by ensuring environmental due diligence is performed, thereby minimizing the risk of unforeseen cleanup costs or legal liabilities related to environmental issues.
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Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments and/or Phase II Environmental Site Assessments, concerning all or part of the Real Property that are in Seller’s possession or control.
Phase I ESA. A Phase I Environmental Site Assessment.
Phase I ESA. A Phase I ESA will be conducted for the property to determine the potential for historic environmental impacts at the site. The Phase I ESA will conform to the ASTM 1527- 21 standards and will include the following: site reconnaissance, interviews, a historical records review, and database search.
Phase I ESA a. Obtain federal and state regulatory database information for the Site from a commercial regulatory vendor to evaluate for potential environmental conditions. The following historical records will be reviewed:
▇. ▇▇▇▇▇▇▇ Fire Insurance Maps ii. Historical Aerial Photographs
Phase I ESA. Within ten (10) days after the Effective Date, Seller shall, at its cost and expense, provide Buyer copies of any Phase I Environmental Site Assessments and/or Phase II Environmental Site Assessments concerning the Real Property that is in its possession (individually or collectively, the “Phase I ESA”).
Phase I ESA. H&H will also complete a Phase I ESA in accordance with ASTM 1527-05 for the facility. It is anticipated that this will be an update to the previous Phase I ESA completed by Terracon in 2010. No Action Letter 12.23.11 North Carolina Department of Environment and Natural Resources Closure Report Addendum Former PCA Facility 4.13.11 Terracon Consultants, Inc. Results of Additional Soil Sampling/Former PCA Facility 12/5/2011 Terracon Consultants, Inc. Phase I Environmental Site Assessment/CPI, Corp. Property 8.16.10 Terracon Consultants, Inc. Closure Report Former PCA Facility 4.16.10 Terracon Consultants, Inc. Environmental Sampling Report Former PCA Facility 4/1/2009 S&ME, Inc. Underground Storage Tank Removal/PCA Facility 12.24.08 Terracon Consulting Engineers & Scientists Report of Asbestos Inspection Services 7/2/2008 S&ME, Inc. No Sampling Letter 5.24.07 Bureau Veritas North America Report of Soil Sampling and Laboratory Analysis - PCA Facility 7/1/2009 Terracon Consultants, Inc. Phase I Environmental Site Assessment 3.21.07 Bureau Veritas North America PPAB 1982903v3 PPAB 1982903v3 THIS LICENSE AGREEMENT (“Agreement”) is made and entered into as of the 26 day of July, 2012 by and between CONSUMER PROGRAMS INCORPORATED, a Missouri corporation (“Licensor”), and ▇▇▇▇▇▇ ▇▇▇▇▇▇, INC., a North Carolina corporation (“Licensee”).
Phase I ESA. The Phase I ESA Report was prepared by ▇▇▇▇▇▇, ▇▇▇▇▇▇ & Associates (December 2020) and was funded by the NMED Brownfields Program as a Targeted Brownfields Assessment through 128(a) grant funding. The investigation revealed one recognized environmental condition (RECs) in connection with the Site. This REC was soil staining at an above ground storage tank which was found on the Site during the Phase I investigation. The report also identified the potential presence of ACM as a Business Environmental Risk.
Phase I ESA. Purchaser has received a Phase I Environmental Site Assessment (“ESA”) for the Project Site, current and valid on the Closing Date under ASTM Standard Practice E1527-13 for ESAs, addressed to Purchaser as the user, or accompanied by a reliance letter in form and substance reasonably satisfactory to Purchaser.
Phase I ESA. Seller has previously provided Purchaser with a copy of a Phase I environmental site assessment for the Poway Facility which shall be reasonably satisfactory to Purchaser in form and substance.
Phase I ESA. During the Study Period, Buyers may have a Phase I ESA performed by a qualified environmental consultant of Buyers’ selection. If the consultant recommends further assessment or remediation (including but not limited to a Phase 2 ESA) (the “Phase I Recommendations”), Buyers may, at their option, on or before sixty (60) days prior to the last day of the Study Period provide Seller notice of the Phase I Recommendations and thereafter negotiate with Seller regarding an appropriate “Corrective Action Plan.” If ▇▇▇▇▇▇ and Seller are not able to agree upon a Corrective Action Plan that would address the Phase I Recommendations to Buyers’ satisfaction, Buyers may, at their option, terminate this Contract prior to expiration of the Study Period. In the event Buyers terminate the Contract pursuant to this Section 5, Buyers shall provide notice of termination to Seller with a copy to the Settlement Agent, and the Settlement Agent shall promptly refund the Deposit to Buyers, less the Retained Deposit which will be delivered to Seller, each together with any interest accrued thereon, and thereafter neither party will have any continuing obligations or liabilities hereunder except for those that expressly survive termination.