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03-28-13
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1/13/2014 11:53:46 AM
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condition which existed prior to such decommissioning in accordance with the rules and <br />regulations of IDEM or other applicable government authority. <br />7. Access. Access to and use of the Property by Honeywell, and restrictions on use <br />of the Property, shall be subject to all the terms and conditions of the Remediation Agreement. <br />The City grants Bosch and its agents and contractors reasonable access to and use of the Property <br />to enable Bosch and its agents and contractors to obtain reasonable and necessary soil and <br />groundwater data and to implement any Remediation Bosch is required to perform under this <br />Agreement. Such rights of access shall be as broad as those contained in Sections (c) and (d) of <br />the Remediation Agreement. This license to access the Property shall continue for as long as is <br />necessary to complete the Remediation. Bosch will provide the City or any then current owner <br />of the Property, as appropriate, with reasonable prior notice of any required access to the <br />Property. <br />8. Obligations Under the Remediation Agreement. Subject to Section 3 of this <br />Agreement, Bosch shall be primarily responsible for fulfilling the obligations of Buyer under the <br />Remediation Agreement before December 31, 2012 and thereafter as secondarily liable if the <br />City fails to comply with the Remediation Agreement. The City shall be primarily responsible <br />for fulfilling the obligations of Buyer under the Remediation Agreement after December 31, <br />2012 and secondarily liable if Bosch fails to comply with the Remediation Agreement before that <br />date. Bosch shall provide the City or the then current owner of the Property with copies of all <br />correspondence and other materials set forth in Remediation Agreement §(b)(v). The Parties <br />agree that any reimbursement of relocation costs, interruption fees, or similar payments to Bosch <br />under the Remediation Agreement due to the impact Honeywell's remediation has on the <br />Property or its operation after December 31, 2012, such as the payments set forth in Honeywell <br />Agreement § §(c)(iv) and (c)(v), shall be paid to the City or the owner of the Property at the time <br />of the relevant impact. <br />9. Assignment of Agreement. This Agreement may not be assigned by either Party <br />except with the prior written consent of the other Party, which consent shall not be unreasonably <br />withheld. Withholding consent by Bosch to assign this Agreement to a person, company or <br />entity that intends to use the Premises or any portion thereof for manufacturing or assembly <br />purposes shall not be considered unreasonable. <br />10. No Third Party Benefit. This Agreement is not intended to inure to the benefit of <br />any third party, against whom the Parties reserve any and all rights, claims and defenses. <br />11. Notices. All notices to be given under this Agreement shall be in writing and <br />shall be deemed to have been given and served when delivered in person, by Federal Express, <br />UPS or similar overnight carrier, or by depositing in the United States mail, postage pre -paid to <br />the address set forth below or such other address as either party may have last specified by <br />written notice to the other: <br />
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