Common use of Environmental Losses Clause in Contracts

Environmental Losses. Losses relating to Environmental Health and Safety Laws, including Losses relating to the presence, release, emission, discharge or threatened discharge of Hazardous Materials in or into the air, surface water, ground water, soil, land surface, subsurface strata or soil vapor, including Losses incurred in investigating, monitoring, responding to and remediating such Hazardous Materials as required by any applicable Environmental Health and Safety Laws or Government Authority; Exposure Losses; and Losses arising from claims by a Government Authority or Person for enforcement, cleanup, remediation, removal, response, natural resources, restoration, remedial or other actions or damages, contribution, indemnification, cost recovery, compensation, or injunctive relief pursuant to any Environmental Health and Safety Law. Environmental Losses exclude any claims of consequential, incidental or punitive damages suffered by any of Sellers, Buyer or their Affiliates, including claims of lost profits, lost revenue or loss of use of assets. Excluded Items. See Section 2.2.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Cloud Peak Energy Resources LLC), Purchase and Sale Agreement (Cloud Peak Energy Resources LLC)

Environmental Losses. Losses relating to Environmental Health and Safety Laws, including Losses relating to the presence, release, emission, discharge or threatened discharge of Hazardous Materials in or into the air, surface water, ground water, soil, land surface, subsurface strata or soil vapor, including Losses incurred in investigating, monitoring, responding to and remediating such Hazardous Materials as required by any applicable Environmental Health and Safety Laws or Government Authority; Exposure Losses; and Losses arising from claims by a Government Authority or Person for enforcement, cleanup, remediation, removal, response, natural resources, restoration, remedial or other actions or damages, contribution, indemnification, cost recovery, compensation, or injunctive relief pursuant to any Environmental Health and Safety Law. Environmental Losses exclude any claims of consequential, incidental or punitive damages suffered by any of SellersSeller, Buyer or their Affiliates, including claims of lost profits, lost revenue or loss of use of assets. Excluded Items. See Section 2.2.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Cloud Peak Energy Resources LLC)