Required and optional provisions. The articles of organization must set forth:
When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct the feasibility study in accordance with section of this title.
In no event shall a potentially responsible party be subject to a lesser standard of liability, receive preferential treatment, or in any other way, whether direct or indirect, benefit from any such arrangements as a response action contractor, or as a person hired or retained by such a response action contractor, with respect to the release or facility in question.
The President shall give primary attention to those releases which the President deems may present a public health threat. In addition, the President may undertake such planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations as he may deem necessary or appropriate to plan and direct response actions, to recover the costs thereof, and to enforce the provisions of this chapter.
In the case of remedial action to be taken on land or water held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian tribe if such land or water is subject to a trust restriction on alienationor otherwise within the borders of an Indian reservation, the requirements of this paragraph for assurances regarding future maintenance and cost-sharing shall not apply, and the President shall provide the assurance required by this paragraph regarding the availability of a hazardous waste disposal facility.
The credit under this paragraph shall be limited to those State expenses which the President determines to be reasonable, documented, direct out-of-pocket expenditures of non-Federal funds.
B Expenses before listing or agreement. C Response actions between and D State expenses afterin excess of 10 percent of costs. Such credit applies only to expenses incurred pursuant to a contract or cooperative agreement under subsection d and only to expenses incurred after December 11,but before October 17, F Use of credits.
If the amount of funds for which credit is allowed under this paragraph exceeds such share of costs for such facilitythe State may use the amount Law 531 contract creation and management such excess to reduce all or part of the share of such costs at other facilities in that State.
A credit shall not entitle the State to any direct payment.
With respect to such measures, the operation of such measures for a period of up to 10 years after the construction or installation and commencement of operation shall be considered remedial action.
Activities required to maintain the effectiveness of such measures following such period or the completion of remedial action, whichever is earlier, shall be considered operation or maintenance.
If the President determines that the State or political subdivision or Indian tribe has the capability to carry out any or all of such actions in accordance with the criteria and priorities established pursuant to section a 8 of this title and to carry out related enforcement actions, the President may enter into a contract or cooperative agreement with the State or political subdivision or Indian tribe to carry out such actions.
The President shall make a determination regarding such an application within 90 days after the President receives the application. B Terms and conditions. The contract or cooperative agreement may cover a specific facility or specific facilities.
Any duly designated officer, employee, or representative of a State or political subdivision under a contract or cooperative agreement under subsection d 1 is also authorized to take such action. The authority of paragraphs 3 and 4 may be exercised only if there is a reasonable basis to believe there may be a release or threat of release of a hazardous substance or pollutant or contaminant.
The authority of this subsection may be exercised only for the purposes of determining the need for response, or choosing or taking any response action under this subchapter, or otherwise enforcing the provisions of this subchapter.
A The identification, nature, and quantity of materials which have been or are generated, treated, stored, or disposed of at a vessel or facility or transported to a vessel or facility. B The nature or extent of a release or threatened release of a hazardous substance or pollutant or contaminant at or from a vessel or facility.
C Information relating to the ability of a person to pay for or to perform a cleanup. In addition, upon reasonable notice, such person either i shall grant any such officer, employee, or representative access at all reasonable times to any vesselfacilityestablishment, place, property, or location to inspect and copy all documents or records relating to such matters or ii shall copy and furnish to the officer, employee, or representative all such documents or records, at the option and expense of such person.
A Any vesselfacilityestablishment, or other place or property where any hazardous substance or pollutant or contaminant may be or has been generated, stored, treated, disposed of, or transported from. B Any vesselfacilityestablishment, or other place or property from which or to which a hazardous substance or pollutant or contaminant has been or may have been released.
C Any vesselfacilityestablishment, or other place or property where such release is or may be threatened. D Any vesselfacilityestablishment, or other place or property where entry is needed to determine the need for response or the appropriate response or to effectuate a response action under this subchapter.
Any such officer, employee, or representative is authorized to inspect and obtain samples of any containers or labeling for suspected hazardous substances or pollutants or contaminants.
Each such inspection shall be completed with reasonable promptness. B Samples If the officer, employeeor representative obtains any samples, before leaving the premises he shall give to the owner, operator, tenant, or other person in charge of the place from which the samples were obtained a receipt describing the sample obtained and, if requested, a portion of each such sample.
A copy of the results of any analysis made of such samples shall be furnished promptly to the owner, operator, tenant, or other person in charge, if such person can be located.
The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances. B ComplianceThe President may ask the Attorney General to commence a civil action to compel compliance with a request or order referred to in subparagraph A.
Where there is a reasonable basis to believe there may be a release or threat of a release of a hazardous substance or pollutant or contaminantthe court shall take the following actions: C In submitting data under this chapter, a person required to provide such data may i designate the data which such person believes is entitled to protection under this subsection and ii submit such designated data separately from other data submitted under this chapter.
A designation under this paragraph shall be made in writing and in such manner as the President may prescribe by regulation. D Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the President or any representative of the President under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee.
E No person required to provide information under this chapter may claim that the information is entitled to protection under this paragraph unless such person shows each of the following: F The following information with respect to any hazardous substance at the facility or vessel shall not be entitled to protection under this paragraph: The President shall not approve any such funding without first obtaining adequate assurance that required labor standards will be maintained upon the construction work.
Upon determination that such procedures are necessary, the President shall promulgate regulations prescribing the circumstances under which such authority shall be used and the procedures governing the use of such authority.Intention to create legal relations', otherwise "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions.
The doctrine establishes whether a court should presume that parties to an agreement wish it to be enforceable at law, and it states that an agreement is legally enforceable only if the parties are deemed to. LAW Contract Creation and Management Simulation.
Complete the Contract Creation and Management Simulation involving a contract issue and associated legal issues. Write responses to the decision points embedded in the simulation. Download your written responses on completion of the simulation. The downloaded document .  American Seating Co.
v. Philadelphia, Pa. , , A.2d , (Pa. ) [A sports arena owned by the City of Philadelphia was not exempt from a mechanic’s lien where the municipality acts as an absent landlord, entrusting the management and control of its premises to its tenant, where the building was constructed and paid for by the tenant, and where the municipality in.
[Rev. 6/2/ PM] CHAPTER 86 - LIMITED-LIABILITY COMPANIES. GENERAL PROVISIONS. NRS Definitions.. NRS “Articles” and “articles of organization” defined..
NRS “Bankrupt” defined.. NRS “Foreign limited-liability company” defined. Chapter 1 Judicial Council Organization. Article 1. General Provisions. Rule General definitions - Rules of construction. Rule Role and objectives of the Council. LAW Week 4 Contract Creation and Management Simulation Complete the Contract Creation and Management Simulation involving a contract issue and associated legal issues.
Write responses to the decision points .