Common use of Remedial Action Required Clause in Contracts

Remedial Action Required. Without Foundation’s prior written consent, which shall not be unreasonably withheld, Charter School shall not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the School Facility, nor enter into any settlement agreement, consent decree, or other compromise in response to any Hazardous Materials claim, which remedial action, settlement, consent or compromise might, in Foundation’s reasonable judgment, impair the value of Foundation’s fee interest in the School Facility; provided, however, that prior consent shall not be necessary in the event that: (i) (a) the presence of Hazardous Materials on, under, or about the School Facility either poses an immediate threat or is of such a nature that an immediate remedial response is necessary; or (b) any delay in taking such remedial action would result in the imposition of periodic or daily fines; and (c) such action is required by government order; and (ii) it is not possible to obtain Foundation’s consent before taking such action; provided that in such event notice shall be given as soon as practicable of any action so taken. Foundation agrees not to withhold its consent, where such consent is required hereunder, if either (i) a particular remedial action is ordered by a court of competent jurisdiction, or (ii) Charter School establishes to the reasonable satisfaction of Foundation that there is no reasonable alternative to such remedial action that would result in less impairment to the value of Foundation’s interest in the School Facility.

Remedial Action Required. Without Foundation’s the other party's prior written consent, which shall not be unreasonably withheld, Charter School a party shall not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the School FacilityProperty, nor enter into any settlement agreement, consent decree, or other compromise in response to any Hazardous Materials claim, which remedial action, settlement, consent or compromise might, in Foundation’s the other party's reasonable judgment, impair the value of Foundation’s party's fee interest in the School FacilityProperty; provided, however, that prior consent shall not be necessary in the event that: (i) (ai)(A) the presence of Hazardous Materials on, under, or about the School Facility Property either poses an immediate threat or is of such a nature that an immediate remedial response is necessary; or (bB) any delay in taking such remedial action would result in the imposition of periodic or daily fines; and (cC) such action is required by government order; and (ii) it is not possible to obtain Foundation’s the other party's consent before taking such action; provided that in such event notice shall be given as soon as practicable of any action so taken. Foundation Each party agrees not to withhold its consent, where such consent is required hereunder, if either (i) a particular remedial action is ordered by a court of competent jurisdictionjurisdiction , or (ii) Charter School the party establishes to the reasonable satisfaction of Foundation the other party that there is no reasonable alternative to such remedial action that would result in less impairment to the value of Foundation’s the party's interest in the School FacilityProperty.

Remedial Action Required. Without Foundationthe other party’s prior written consent, which shall not be unreasonably withheld, Charter School a party shall not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the School FacilitySite, nor enter into any settlement agreement, consent decree, or other compromise in response to any Hazardous Materials claim, which remedial action, settlement, consent or compromise might, in Foundationthe other party’s reasonable judgment, impair the value of Foundationparty’s fee interest in the School FacilitySite; provided, however, that prior consent shall not be necessary in the event that: (i) (ai)(A) the presence of Hazardous Materials on, under, or about the School Facility Site either poses an immediate threat or is of such a nature that an immediate remedial response is necessary; or (bB) any delay in taking such remedial action would result in the imposition of periodic or daily fines; and (cC) such action is required by government order; and (ii) it is not possible to obtain Foundationthe other party’s consent before taking such action; provided that in such event notice shall be given as soon as practicable of any action so taken. Foundation Each party agrees not to withhold its consent, where such consent is required hereunder, if either (i) a particular remedial action is ordered by a court of competent jurisdiction, or (ii) Charter School the party establishes to the reasonable satisfaction of Foundation the other party that there is no reasonable alternative to such remedial action that would result in less impairment to the value of Foundationthe party’s interest in the School FacilitySite.

Remedial Action Required. Without Foundation’s prior written consent, which shall not be unreasonably withheld, Charter School shall not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the School Facility, nor enter into any settlement agreement, consent decree, or other compromise in response to any Hazardous Materials claim, which remedial action, settlement, consent or compromise might, in Foundation’s reasonable judgment, impair the value of Foundation’s fee interest in the School Facility; provided, however, that prior consent shall not be necessary in the event that: (i) (a) the presence of Hazardous Materials on, under, or about the School Facility either poses an immediate threat or is of such a nature that an immediate remedial response is necessary; or (b) any delay in taking such remedial action would result in the imposition of periodic or daily fines; and (c) such action is required by government order; and (ii) it is not possible to obtain Foundation’s consent before taking such action; provided that in such event notice shall be given as soon as practicable of any action so taken. Foundation agrees not to withhold its consent, where such consent is required hereunder, if either (i) a particular remedial action is ordered by a court of competent jurisdiction, or (ii) Charter School establishes to the reasonable satisfaction of Foundation that there is no reasonable alternative to such remedial action that would result in less impairment to the value of Foundation’s interest in the School Facility.