Liability for Environmental Matters. Notwithstanding anything contained in this Agreement to the contrary, and to the maximum extent permitted by applicable law, Company shall release, defend, indemnify and hold the Contractor Group harmless from and against any and all Claims resulting from any hazardous substance, hazardous material, oil and constituents thereof, or hazardous waste regulated by any applicable law, and from any pollution or contamination of any kind or any cleanup or remediation thereof, other than surface spillage of fuels or chemicals directly emanating from the Equipment that is solely attributable to the negligence of Contractor.
Liability for Environmental Matters. 37 7.03 Indemnification............................................................ 38 7.04
Liability for Environmental Matters. Except for accounts payable ----------------------------------- and accrued expenses incurred in the ordinary course of business in accordance with past custom and practice, and assumed by Buyer as Assumed Liabilities pursuant to Section 2.02(a) hereof, Seller and Shareholder shall assume and be solely responsible on a joint and several basis for all obligations, duties, claims and liabilities relating to any fact, event or condition existing or threatened on or prior to the Closing Date (whether or not disclosed in any schedule hereto) pertaining to the operation of the Business or the condition of the Purchased Assets prior to the Closing Date, which at any time interferes with or prevents continued compliance with, or gives rise to any investigation, claim or liability under any Environmental and Safety Requirements.
Liability for Environmental Matters. Seller shall retain and be solely responsible for, and Purchasers shall not assume, all obligations, duties, claims and liabilities relating to any fact, event or condition existing or threatened on or prior to the Closing Date (whether or not disclosed in Schedule 6.25 hereto) pertaining to any past or present facility or the ownership or operation of the Purchased Assets or the Business by Seller or Xxxxxxxx (or any of their predecessors) including without limitation, claims and liabilities relating to the facility previously operated by Xxxxxxxx in Fairfield, New Jersey) which at any time interferes with or prevents continued compliances with, or gives rise to any common law, legal or other liability under any law or regulation but only as such law or regulation was in effect on the Closing Date related to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling, or the omission, discharge, release or threatened release into the environment, of any pollutant, contaminant, or hazardous or toxic material or waste. Neither these amendments nor anything else in this Settlement Agreement shall apply to or in any way limit, alter, amend or modify the parties respective rights and obligations with respect to the Homerville Soil and Groundwater Claim resolved by the Homerville Soil and Groundwater Agreement.
