RESPONSE ACTION Clause Samples
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RESPONSE ACTION. The Borrower shall take all appropriate responsive action, including any removal and remedial action (“Response Action”), in the event of a release, emission, discharge or disposal of any Regulated Chemical in, on, under or about the Facilities, so as to remain in compliance with the above, and to keep the Facilities free from, and unaffected by, Regulated Chemicals. The Borrower shall (i) provide the Trustee, with a copy to the Bondholder Representative, within 10 days after providing the notice required under Section 6.07(c) above, with a bond, letter of credit or similar financial assurance which is equal to the cost of the Response Action and which may be drawn upon by the Trustee for the purpose of completing the Response Action if an Event of Default occurs or if the Response Action is not completed within six months of the issuance of the financial assurance and (ii) discharge any assessment, Lien or encumbrance which may be established on the Facilities as a result thereof.
RESPONSE ACTION. ▇▇▇▇▇▇▇▇ agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by ▇▇▇▇▇▇▇▇, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by ▇▇▇▇▇▇▇▇, or its designee, in accordance with the schedule provided in the initial Work Plan. ▇▇▇▇▇▇▇▇ acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. ▇▇▇▇▇▇▇▇ agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, ▇▇▇▇▇▇▇▇ may seek an amendment of this Contract to clarify its further responsibilities. ▇▇▇▇▇▇▇▇ shall perform all actions required by this Contract, and any related actions of ▇▇▇▇▇▇▇▇’▇ choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. All remedial activity(s) conducted pursuant to this Agreement shall be done in accordance with the Regulations and the following guidance documents:
RESPONSE ACTION. GMH agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by GMH, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by GMH, or its designee, in accordance with the schedule provided in the initial Work Plan. GMH acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. GMH agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, GMH may seek an amendment of this Contract to clarify its further responsibilities. GMH shall perform all actions required by this Contract, and any related actions of GMH’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. XOX shall perform the following actions in response to the Company's technical support inquiries:
(a) In response to a Priority One Need, XOX shall use reasonable efforts to (i) assign such personnel as may be necessary to correct such errors as quickly as is possible, and (ii) provide to the Company with respect to each bug or error reported to XOX which [*] Confidential portion has been omitted and filed separately with the Securities and Exchange Commission. is not corrected within seven calendar days after receipt of such inquiry (i) a report as to the name of the employee(s) of XOX who is/are responsible for making the correction and the date the correction is expected to be completed, and (ii) (if the correction may take longer than seven calendar days from the date of such inquiry) instructions as to ways of allowing use of the Software pending correction of the error or bug.
(b) In response to a Priority Two Need, XOX shall use reasonable efforts to (i) assign such personnel as may be necessary to correct such errors on an expedited basis, and (ii) provide to the Company with respect to each bug or error reported to XOX which is not corrected within 30 calendar days after receipt of such inquiry (A) a report as to the name of the employee(s) of XOX who is/are responsible for making the correction and the date the correction is expected to be completed, and (B) (if the correction may take longer than one month from the date of such inquiry) instructions as to ways of allowing use of the Software pending correction of the error or bug.
(c) In response to a Priority Three Need, XOX shall use reasonable efforts to provide a written response to the Company promptly after receipt of such inquiry, and the Company and XOX shall negotiate in good faith concerning which of the next scheduled regular releases of the Software will resolve the Priority Three Need.
RESPONSE ACTION. If any investigation or monitoring or any clean-up, --------------- containment, restoration, removal or other Remediation (collectively the "Response Action") is required under any applicable Environmental Law or in --------------- order to comply with any agreements assigned under this Agreement affecting any Business Facility or other property because of, or in connection with, any occurrence or event described in paragraph (a) above, Parent, GPX and Sellers shall jointly and severally have the obligation to either perform or cause to be performed the Response Action in compliance with Requirements of Environmental Laws, or shall promptly reimburse the Buyer Indemnified Persons for the cost of such Response Action. In the event that Parent, GPX and Sellers elect to perform the Response Action, all Response Action shall be performed by one or more contractors, selected by Parent, GPX or Sellers, as the case may be, and approved in advance in writing by the Buyer Indemnified Persons, with such approval not to be unreasonably withheld, and under the supervision of a consulting engineer, selected by Parent, GPX or Sellers, as the case may be, and approved in advance in writing by the Buyer Indemnified Persons with such approval not to be unreasonably withheld. Otherwise, the Buyer Indemnified Persons shall select the contractor(s) and the consulting engineer with approval by Seller not to be unreasonably withheld. All costs and expenses of such Response Action shall be paid either directly, or in the form of reimbursement to the Buyer Indemnified Persons, by Parent, GPX or Sellers, as the case may be, including, without limitation, the charges of such contractor(s) and/or the consulting engineer, and, if the Buyer must undertake Response Action, the Buyer Indemnified Persons' reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Response Action. In the event Parent, GPX or Sellers shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Response Action, the Buyer Indemnified Persons may cause such Response Action to be performed after giving Parent, GPX and Sellers at least fifteen days advance written notice of the intention to perform such Response Action, and all costs and expenses thereof, or incurred in connection therewith, shall be Damages. All such Damages shall be due and payable upon demand therefor by an Buyer Indemnified Person.
RESPONSE ACTION. The Department shall ask 912 ▇▇▇▇▇▇▇ to perform work only to the extent to ensure the property is safe for the proposed commercial use. 912 ▇▇▇▇▇▇▇ agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by 912 ▇▇▇▇▇▇▇, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by 912 Gervais, or its designee in accordance with the schedule provided in the initial Work Plan. 912 Gervais acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. 912 ▇▇▇▇▇▇▇ agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, 912 ▇▇▇▇▇▇▇ may seek an amendment of this Contract to clarify its further responsibilities. 912 ▇▇▇▇▇▇▇ shall perform all actions required by this Contract, and any related actions of 912 ▇▇▇▇▇▇▇’ choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. Delta agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by Delta, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by Delta, or its designee in accordance with the schedule provided in the initial Work Plan. Delta acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. Delta agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, Delta may seek an amendment of this Contract to clarify its further responsibilities. Delta shall perform all actions required by this Contract, and any related actions of Delta’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.
RESPONSE ACTION. Permittee shall not conduct or permit any Response Action including the implementation of any investigative work plan including installation, removal, sampling, or monitoring of any soil boring, temporary or permanent monitoring points, such as groundwater ▇▇▇▇▇, soil vapor probes, and piezometers located on the Premises or on other Port property without the Port’s prior written approval. Permittee shall not implement any Response Action on the Premises or on other Port property without prior written Port approval.
(i) proper compaction of backfilled soils; (ii) repair of damage to pavement and subsurface utilities; (iii) proper abandonment of monitoring points, sealing any soil borings, removing any piping or other structures, whether underground or aboveground; and (iv) proper disposal of excess soil and purged groundwater associated with the Response Action, once such monitoring ▇▇▇▇▇, soil borings, piping or other structures are no longer necessary for the Response Action. Further, Permittee shall not use any groundwater on Port property for any purpose without the Port’s prior written approval, which approval may be withheld for any reason in the Port’s sole discretion. For purposes of this Exhibit, the prohibition on groundwater “use” excludes investigation, testing, remediation, cleanup, and monitoring; any such matters shall be subject to all of the other applicable provisions of this Exhibit. Notwithstanding the preceding sentences in this Section 2(c), subject to Permittee’s obligations under Section 9 below, Permittee may take any action described in the first sentence of this Section 2(c) without Port approval in the event of an emergency and only if so directed by a Governmental Authority with jurisdiction under any Environmental Law.
RESPONSE ACTION. HPH agrees to conduct the response actions specified in the sub-paragraphs below. An initial Work Plan shall be submitted by HPH, or its designee, within thirty (30) days after the date of execution of this Contract by the Department, or such earlier or later date if approved by the Department’s project manager. A report of the assessment results shall be submitted by HPH, or its designee, in accordance with the schedule provided in the initial Work Plan. HPH acknowledges that the assessment may find distributions of Existing Contamination requiring additional assessment and/or corrective action on the Property that cannot be anticipated with this Contract. HPH agrees to perform the additional assessment and/or corrective action consistent with the intended uses of the Property under the purview of this Contract; however, HPH may seek an amendment of this Contract to clarify its further responsibilities. HPH shall perform all actions required by this Contract, and any related actions of HPH’s choosing not expressly required by this Contract, pursuant to Work Plans and/or Addenda approved by the Department.