Pre-Existing Environmental Conditions. Any Claim where there is an Environmental Condition which existed on the Property (whether or not known by the Person submitting an Application for coverage of the Loan) as of the Certificate Effective Date, subject to the following provisions:
Pre-Existing Environmental Conditions. (a) Lessee acknowledges and agrees that:
Pre-Existing Environmental Conditions. If a Party proposes a Modification that requires the acquisition of Additional Lands, that Party (or in the case of Required Modifications, the Authority) shall assume and discharge any liabilities and obligations whatsoever arising under any Environmental Law relating to the ownership, operation or condition of the Additional Lands and shall be responsible for any environmental conditions existing prior to the time of acquisition, whether or not the manifestation of which occurs following acquisition (including any Hazardous Substance or contaminant that was present or Released or migrated or escaped from or was Released from Additional Lands or otherwise existed at any time prior to the time of acquisition). Notwithstanding the foregoing, in all circumstances, the Lessee shall comply with Engineering or Institutional Controls associated with such Additional Lands; provided that, prior to having any obligation to comply therewith, the Lessee shall have (i) received written notice of such Engineering or Institutional Controls from the Authority and (ii) a reasonable period of time in which to implement such controls (which period shall not exceed 60 days unless such implementation reasonably requires a longer period and the Lessee has demonstrated to the satisfaction of the Authority, acting reasonably, that it is proceeding with all due diligence during such period to implement such compliance); provided further that in the case of environmental conditions for which the Authority is responsible pursuant to the preceding sentence, prior to having any obligation to comply therewith, the Lessee shall have received notice of such Engineering or Institutional Controls from the Authority; and provided further that the Lessee may submit any dispute with respect to such obligation to dispute resolution in accordance with Article 19. Notwithstanding any obligation to assume and discharge any liabilities arising under any Environmental Laws contained in this Section 5.4(d), to the extent the Lessee is obligated to assume such liabilities, the Lessee shall not acquire or be entitled to any real property interest in the Additional Lands associated with such liabilities, except as provided in Section 5.4(c).
Pre-Existing Environmental Conditions. (a) With respect to any and all Pre-existing Environmental Conditions (as hereinafter defined), Landlord, at its sole expense, shall conduct and complete all investigations, studies, samplings, and testing, and all remedial, removal, and other response actions necessary to clean up, remove and/or xxxxx all Hazardous Materials (as hereinafter defined), on, from, or affecting the Demised Premises (i) in accordance with all then applicable federal, state and local laws, ordinances, rules, regulations, and policies, and (ii) in accordance with the orders and directives of all federal, state, and local governmental authorities. Alternatively, Landlord may elect to request Tenant, at Landlord’s sole expense, to directly oversee the response contractor’s work. “
Pre-Existing Environmental Conditions. Provided that (a) Xxxxxxxx completes all Property Inspections required by the Scoping Agreement, and (b) Xxxxxxxx fully discloses any adverse findings therein to the City, Xxxxxxxx shall not be responsible for any costs or liabilities associated with any environmental conditions present on the Project Site (including, without limitation, such conditions in or in connection with existing buildings), including, but not limited to, asbestos or PCBs, or the cost of remediation thereof (the “Pre-Existing Environmental Conditions”).
Pre-Existing Environmental Conditions. Notwithstanding anything to the contrary in this Lease, including this Article XXXVII, Lessee shall have no responsibility (whether as to performance or payment of costs) or any other liability (a) to cure, repair, remove, close, detoxify, decontaminate or otherwise to commence or complete any other remediation with respect to any Pre-Existing Environmental Condition, or (b) to indemnify, defend, protect, save, hold harmless or reimburse Lessor for, from or against any Environmental Costs or other liabilities arising out of, resulting from or incident to, any Pre-Existing Environmental Condition, unless the need for such cure, repair, removal, closure, detoxification, decontamination or other remediation with respect to any Pre-Existing Environmental Condition or any such Environmental Costs associated therewith result directly from or arise directly out of any actions of Lessee, its Affiliates, Occupants, employees, agents or contractors that exacerbate any Pre-Existing Environmental Condition, in which case the provisions of this Article XXXVII shall apply to the extent of any such exacerbation. In no event, however, shall the foregoing exculpation of Lessee from any such responsibility or liability for any Pre-Existing Environmental Conditions be deemed or construed to be an agreement by Lessor to assume or otherwise be responsible for the same or to otherwise indemnify, defend, protect, save, hold harmless or reimburse Lessee for, from or against any Environmental Costs or other liabilities associated therewith. If, however, a claim or action is brought by a third party or governmental entity against either Lessor or Lessee for any Pre-Existing Environmental Condition, Lessor hereby agrees to pursue in good faith any and all rights and claims (including any right or claim to indemnification or defense) that Lessor may have (or, at the option of Lessor, to assign such rights to Lessee to the extent the same are assignable) against any third party responsible for any such Pre-Existing Environmental Condition, including any such rights or claims that Lessor may have against Current Owner or Current Manager under the Purchase Agreement or the Current Management Agreements or otherwise. ARTICLE XXXVIII.
Pre-Existing Environmental Conditions a. Seller acknowledges and agrees that:
Pre-Existing Environmental Conditions. The District agrees to assume the cost and expense for any and all Remediation that may be required during the term of this Lease by any Governmental Authority (including, without limitation, any federal or state court, any federal, state or local agency with jurisdiction over the Premises) or any third party (including, without limitation, an owner of land in the vicinity of the Premises) for any and all materials, pollutants, irritants, contaminants and Hazardous Materials existing in, on, under, or emanating from the soil, surface water, groundwater or subsurface at the Premises, in each case that existed at the Site solely prior to the Commencement Date (“Pre-Existing Environmental Contamination”).
Pre-Existing Environmental Conditions. (a) Landlord and Tenant acknowledge and agree that (i) according to a Phase I Environmental Site Assessment dated August 28, 2003, conducted for Tenant by MFG, Inc. (“Phase I Study”), a number of recognized environmental conditions as defined in the Phase I Study (RECs) have been identified at the Demised Premises; (ii) the Demised Premises have been found to be affected by petroleum hydrocarbons, including free phase product, in soil and groundwater; (iii) further characterization of the Demised Premises will be necessary to more accurately identify the nature and extent of the contamination, including the extent, if any, of off-site migration; (iv) it will be necessary to conduct further analysis of remedial options and potential risks associated with the Demised Premises; and (v) remedial action will also be required to address the contamination and bring the conditions at the Demised Premises into compliance with applicable Environmental Law. “
Pre-Existing Environmental Conditions a. Xxxxxx acknowledges and agrees that:
