Phase II Assessment Clause Samples

A Phase II Assessment clause outlines the procedures and requirements for conducting a more detailed environmental investigation of a property, typically following indications of potential contamination found in a preliminary assessment. This clause specifies when and how such an assessment should be performed, who is responsible for the costs, and what standards or methods must be used. Its core practical function is to ensure that any environmental risks are thoroughly evaluated before a transaction proceeds, thereby protecting parties from unforeseen liabilities related to environmental contamination.
Phase II Assessment. If necessitated by Phase I findings, Consultant shall prepare a Phase II Environmental Site Assessment examining the sites under consideration for the proposed action. The Phase II Assessment will be a continuance of the investigation conducted during the Phase I Environmental Site Assessment. Information reviewed for the Phase II shall include some or all of the following items, as well as other sources of information as the Consultant deems necessary for the successful completion of the study: (a) Sampling of soil from representative locations throughout the entire site delineated area, or other areas as specified by the scope of work, to determine the existence of any significant contamination from past or present circumstances and activities; (b) Sampling of suspect building materials for such contaminants as asbestos, lead, radon, and other materials; (c) Installing groundwater monitoring ▇▇▇▇▇ and collecting and analyzing groundwater samples; (d) Monitoring ambient air quality; (e) vapor intrusion evaluations; (f) Sampling and identifying potentially hazardous wastes stored on-site; (g) Options for abatement of any and all contaminated materials on the site in full compliance with existing State and Federal regulations. The Consultant shall provide a written report of the findings. A draft report will be provided for review prior to issuance of a final document. The Consultant’s recommendations will be discussed prior to publication.
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Phase II Assessment. No later than June 30, 2014 (or such later date agreed to by SCP Agent in writing), the Borrower shall deliver to the Agent a Phase II environmental assessment with respect to the owned Real Estate located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ and, as soon as practicable after the delivery of such environmental assessment (or such later date agreed to by SCP Agent in writing), the Borrower shall complete any remediation recommended in the Phase II environmental assessment, in each case to the extent mutually agreed upon by SCP Agent and the Borrower.
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Phase II Assessment. No later than June 30, 2014 (or such later date agreed to by the Required Lenders in writing), the Borrower shall deliver to Lenders a Phase II environmental assessment with respect to the owned Real Estate located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ and, as soon as practicable after the delivery of such environmental assessment (or such later date agreed to by the Required Lenders in writing), the Borrower shall complete any remediation recommended in the Phase II environmental assessment, in each case to the extent mutually agreed upon by Agent and the Borrower.
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Phase II Assessment. The Company shall have no right to terminate this Agreement due to the results of Buyer's environmental assessment.
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Related to Phase II Assessment

  • Phase II A small portion of the work for the Phase II modifications to the Plattsburgh Substation will be performed by Transmission Owner, and the remainder will be performed by Clinton and ▇▇▇▇▇▇▇▇▇. A detailed definition of the specific scope for Transmission Owner and Clinton and ▇▇▇▇▇▇▇▇▇ including interface points shall be defined during the design phase and, as such documents become available, copies will be delivered to the NYISO, Transmission Owner, Noble Altona Windpark, LLC and Marble River, LLC. The full scope includes the installation of wave traps, CCVT’s and modifications and/or additions to relaying on the MWP-1 and MWP- 2 lines. These lines will be reconfigured at the completion of Phase II to connect to ▇▇▇▇▇ and ▇▇▇▇▇▇▇ Substations on MWP-1 and the ▇▇▇▇ Substation on MWP-2. Clinton and ▇▇▇▇▇▇▇▇▇ will design the upgrades and purchase the materials based on the outline specification that was prepared and issued by Transmission Owner. The work to be performed by Clinton and ▇▇▇▇▇▇▇▇▇ will include both the materials for the exterior and interior installations and items for Transmission Owner installation inside the control building in existing relay panels and communication racks. In addition, Clinton and ▇▇▇▇▇▇▇▇▇ will be responsible for the exterior and interior construction work and will provide construction management services in coordination with Transmission Owner. The civil design for the foundations and the electrical design for the cable runs to the control room will be designed by, as approved by Transmission Owner, and installed under the supervision and control of Clinton and ▇▇▇▇▇▇▇▇▇. The equipment will be selected and procured in accordance with the specifications developed during the detailed engineering phase, copies of which shall be furnished to the NYISO, Transmission Owner, Noble Altona Windpark, LLC and Marble River, LLC. The construction of the foundations, structures, wave traps, CCTV and cable runs into the control building to the termination cabinets will be completed by Clinton and ▇▇▇▇▇▇▇▇▇. The work at the Plattsburgh Substation will be installed under Transmission Owner’s CPP-1. Transmission Owner will provide Protection and Controls Engineering, install and terminate wiring from the termination cabinets to the control panels and relays, install relays and equipment in the existing panels, and will commission such work inside the 230kV control building. Transmission Owner will develop the communications protocols and data flow over the circuits.

  • Needs Assessment 1. The Contractor shall conduct a cultural and linguistic group-needs assessment of the eligible client population in the Contractor’s service area to assess the language needs of the population and determine what reasonable steps are necessary to ensure meaningful access to services and activities to eligible individuals. [22 CCR 98310, 98314] The group-needs assessment shall take into account the following four (4) factors: a. Number or proportion of persons with Limited English Proficiency (LEP) eligible to be served or encountered by the program. b. Frequency with which LEP individuals come in contact with the program. c. Nature and importance of the services provided. d. Local or frequently used resources available to the Contractor. This group-needs assessment will serve as the basis for the Contractor’s determination of “reasonable steps” and provide documentary evidence of compliance with Cal. Gov. Code § 11135 et seq.; 2 CCR 11140, 2 CCR 11200 et seq., and 22 CCR98300 et seq. 2. The Contractor shall prepare and make available a report of the findings of the group-needs assessment that summarizes: a. Methodologies used. b. The linguistic and cultural needs of non-English speaking or LEP groups. c. Services proposed to address the needs identified and a timeline for implementation. [22 CCR 98310] 3. The Contractor shall maintain a record of the group-needs assessment on file at the Contractor’s headquarters at all times during the term of this Agreement. [22 CCR 98310, 98313]

  • Phase I In Phase I, the project will be connected as a tap to the Transmission Owner’s 230kV transmission line MWP-2 via one 230kV circuit breaker in series with one of two ring bus breakers for stuck breaker protection (one in each direction) and a tie-line breaker, as shown on the one-line diagram labeled CL-E-IA-01 attached to this Appendix A as Figure 1. The changes to the existing MWP-2 line protection for this arrangement are described in Phase I System Upgrades in Section II of this Appendix A.

  • 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.

  • Risk Assessment An assessment of any risks inherent in the work requirements and actions to mitigate these risks.