6B1 - Laserfiche WebLink

Home Browse Search

at all reasonable times to the extent reasonably required to undertake any investigation or remediation work contemplated in this Agreement including, but not limited to, any such work covered the indemnity set forth in Paragraph 3. This license to access the Property shall continue for as long as is necessary to complete the remediation. The Commission will provide Curtis with reasonable prior notice of its access to the Property will make every commercially reasonable effort to limit its access to the Property to avoid materially interfering with Curtis' conduct of its business operations on the Property and will compensate Curtis as set out below with respect to disruption. Curtis will take reasonable actions to ensure that its agents, employees, contractors, and invitees are aware of the location of any monitoring wells or other remediation equipment in order to avoid damage thereto and potential exacerbation of any Hazardous Substances. Curtis shall not intentionally or unreasonably impair Honeywell, Bosch or the Commission's ability to comply with applicable environmental laws or to perform the investigation and remediation work. Curtis shall, at the sole cost of the party seeking such access, cooperate with and assist Honeywell, Bosch, and the Commission in obtaining any required approvals, consents, permits or related documents required for the performance of the investigation and Remediation work. Any costs incurred by Curtis for the foregoing shall be reasonable. Curtis shall coordinate with the Honeywell, Bosch, and the Commission with respect to any construction activities conducted at the Property by Curtis so as to minimize any interference with the investigation and remediation work. The Honeywell ERA provides that Honeywell shall make certain payments in connection with disrupting the use of the Property on terms set forth therein. The Commission will, at the request of Curtis, diligently seek payment for Remediation Work that materially disrupts Curtis's use of the Property and, if the Commission receives any such payments from Honeywell, the Commission shall forward those payments to Curtis within ten (10) days of receipt. If the Commission is obligated to perform Remediation Work pursuant to this Environmental Agreement and such Remediation Work materially and directly disrupts Curtis's ongoing use of more than two - thousand square feet (2,000 sq. ft.) of internal floor area in the Property (the total area of which shall be referred to herein as the "Interruption Area ") for more than 14 consecutive days, the Commission shall thereafter pay to Curtis a "Daily Interruption Fee" calculated as a daily rate based on $2.50 per square foot per year for each day after the fourteenth day until such material and direct disruption ceases. The Commission's obligation to pay the Daily Interruption Fee shall not exceed $250,000. 11. Use. The Property may be used for industrial purposes and office, laboratory or warehousing activities (the "Permitted Use "). Curtis agrees to accept those Engineering Controls and Institutional Controls, including but not limited to executing and recording deed restrictions and capping of certain areas of the Property, needed to accomplish the Remediation Objectives. Curtis specifically agrees that the Property shall not be used for purposes or activities inconsistent with attaining and maintaining the Remediation Objectives. Without limiting the foregoing, Curtis specifically agrees the Property shall not be used for residential activities or for activities inconsistent with the Permitted Use, including, without limitation, hotels, hospitals, daycare centers, schools, bulk food storage or processing, or outdoor recreation. Curtis may not 7