Remediation Standards Clause Samples
Remediation Standards. Remediation required under this Agreement shall, at a minimum, meet the applicable, relevant and appropriate requirements and standards in the Environmental Laws (“ARARs”) that must be met before the responsible Government Entity will issue a No Further Action letter or the written equivalent thereof.
Remediation Standards. Remediation required under this Agreement shall, at a minimum, meet the applicable, relevant and appropriate requirements and
Remediation Standards. (a) Whether conducted by Landlord or Tenant, the Environmental Activities required by this Lease by Tenant or Landlord shall be conducted using risk-based corrective action principles to achieve the NFA Determination pursuant to this Lease. Landlord hereby consents to such risk-based corrective action for a non-residential property, including the implementation of Institutional Controls with respect to the Demised Property, the Public Park Parcel, and such other property owned or controlled by the City adjacent thereto (collectively, the “Affected Property”), in connection with obtaining a No Further Action Determination. Landlord hereby consents to a limitation of the use of the Affected Property to nonresidential purposes and the prohibition of potable or irrigation ▇▇▇▇▇ on the Affected Property. Landlord consents, and will not object, to any Institutional Control needed to achieve the No Further Action Determination, unless it could materially impair the current non-residential use of the Affected Property, that is the subject of the Institutional Control or other restriction. Upon the request of Tenant, Landlord shall execute such covenants or declarations of restrictions as required by Governmental Agencies in furtherance of the NFA Determination, which covenants and declarations of restrictions may encumber the Affected Property. The Landlord shall further do and perform, or cause to be done and performed, all such acts and things, including, but not limited to, the adjustment of the boundaries of the Demised Property, and shall execute and deliver such other agreements, certificates, instruments and documents, each as the Tenant may reasonably request in order to obtain an NFA Determination; provided, however, that any reasonable out-of-pocket costs incurred by Landlord associated therewith (and approved by Tenant in writing) shall be reimbursed by the Tenant to Landlord.
(b) Landlord shall promptly execute such documents identified by Tenant as reasonably necessary to effectuate an Institutional Control, designation of a ▇▇▇▇▇▇▇▇▇▇, approval of a BSRA, or other documentation, to achieve the NFA Determination, and to obtain the ▇▇▇▇▇▇▇▇▇▇ incentives to which Tenant may be entitled for its efforts to conduct the Environmental Activities on the Demised Property in accordance with this Lease. Tenant shall be entitled to avail itself of all of the tax incentives, job incentives, sales and use tax exemptions and other incentives available as a result of...
Remediation Standards. Remediation required under this Agreement shall, at a minimum, meet the applicable, relevant and appropriate requirements and standards in the Environmental Laws that must be met before the responsible Government Entity will issue a No Further Action letter or the written equivalent thereof.
Remediation Standards. (i) If USCC elects to undertake the remediation of any Material Environmental Condition, following the Closing, USCC shall arrange to remediate such condition to the extent required by Environmental Laws to address the release of any Hazardous Substances on an Affected Site. AWS agrees to cooperate and provide USCC with reasonable access to the Affected Site to carry out its obligations hereunder.
(ii) With respect to any such remediation, USCC's obligations shall be limited to: (1) remediation of the release of Hazardous Substances to the extent remediation is required by an applicable Environmental Law that is in effect and enforceable as of the Closing Date; (2) attainment of the least stringent Remediation Standards (as defined below) that are applicable (and acceptable to the environmental authority with jurisdiction), given the use of the Affected Site as of the Closing Date; and (3) use of the most cost effective methods for investigation, removal, remediation and/or containment consistent with such applicable Environmental Law and Remediation Standards.
(iii) As used in this Section 5.12, "Remediation Standard" means a numerical standard under applicable Environmental Laws that defines the concentrations of Hazardous Substances that may be permitted to remain in any environmental media after an investigation, remediation or containment of a release of Hazardous Substances, or in the absence of an applicable numerical standard, that standard developed in consultation with an environmental authority with jurisdiction taking into account the non-residential use of the property.
(iv) The determination of Remediation Standards required with respect to any Affected Site shall be made by a qualified environmental consultant selected by USCC and reasonably acceptable to AWS.
(v) The costs of such remediation and any related investigation or monitoring, shall be disbursed from the escrow as incurred. To the extent that the actual costs to complete such remediation consistent with Remediation Standards are less than $250,000 for any Affected Site, the remaining escrow funds related to such site shall be promptly distributed to USCC. To the extent that the actual costs to complete such remediation consistent with Remediation Standards are more than $250,000 for any Affected Site, USCC will be obligated to pay the additional amount of such actual cost.