Pre-Existing Hazardous Materials. 1 Department will reimburse, to the extent permitted by the Legal Requirements, Design-Builder for Design-Builder’s costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Materials, the presence of which constitutes a Hazardous Environmental Condition.
Pre-Existing Hazardous Materials. Responsibility for testing, abatement, remediation, and/or disposal of pre-existing hazardous material, including, but not limited to, contaminated soil, lead paint, asbestos, fuel oil, or underground fuel oil tanks shall remain with the Government. Where there is reason to suspect that hazardous material is present at the worksite, or where hazardous material is encountered during the course of the work, the Contractor shall stop work, notify the Contracting Officer and Base personnel, and request that the Government test the work site for such hazardous material and appropriately xxxxx and dispose of such hazardous material. Once the work site has been cleared of all hazardous material, the Contractor shall resume work in that area.
Pre-Existing Hazardous Materials. Except to the extent that remediation of existing Hazardous Materials is included in the General Contractor's or a subcontractor's scope of work, Owner is responsible for all Hazardous Materials existing at the Project site and, except to the extent included within the risk registry, will separately contract for the remediation of pre-existing Hazardous Materials. For clarity, General Contractor will be responsible for any Hazardous Materials that it or its subcontractors bring onto the Project Site.
Pre-Existing Hazardous Materials. If the Contract Documents involve the digging of trenches or excavations that extend deeper than four (4) feet below the surface, the following shall apply:
Pre-Existing Hazardous Materials. Tenant shall have no obligation to investigate or remediate any Hazardous Materials located in or as part of the Base, Shell and Core as of the Lease Commencement Date or in any areas of the Project located outside the Premises that were not placed thereon or therein, or damaged or disturbed by Tenant or any of Tenant’s agents, contractors, employees, licensees or invitees.
Pre-Existing Hazardous Materials. In the event Contractor encounters on the Site material reasonably believed to be Hazardous Material that existed prior to the Site Turnover Date (or the relevant Site Turnover Date for the portion of the Site on which the material was encountered), then Contractor will immediately suspend performance of Work in the area affected and report the condition to Owners in writing. Contractor will not thereafter resume performance of the Work in the affected area except with the prior written permission of Owners. To the extent Contractor’s performance of the Work is affected by such suspension of the Work in the affected area in accordance with this Section 3.5(o)(v), such effect shall constitute a Change and shall entitle Contractor to seek a Change Order pursuant to Article 9.
Pre-Existing Hazardous Materials. Austin Engineering shall not be responsible for any pre-existing hazardous materials discovered at the Project during the performance of the Work.
Pre-Existing Hazardous Materials. Tenant shall be under -------------------------------- no obligation to investigate or remediate any Hazardous Material located in, on, under or about the Premises as of the Lease Commencement Date (the "EXISTING HAZARDOUS MATERIALS") or any Hazardous Materials which have migrated onto the Property from off-site or which are brought onto the Property by Landlord or Landlord's agents, employees or contractors. Additionally, Landlord agrees that it shall indemnify, defend and hold Tenant and any Tenant Party harmless from any cost and all claims of liability asserted against Tenant/Tenant Party by a third party, including any agency or instrumentality of the federal, state or local government, for cleanup activities to the extent required by applicable law (remedial or removal), or governmental fines or penalties, relating to the Existing Hazardous Materials and those Hazardous materials which are brought onto the Property by Landlord or Landlord's agents, employees or contractors.
Pre-Existing Hazardous Materials. Subject to the Landlord Compliance Conditions, with respect to any Pre-Existing Hazardous Materials, Landlord shall be responsible, at its sole cost and expense, for the treatment, removal, and management of such Pre-Existing Hazardous Materials to the extent required by, and in compliance with, all Applicable Laws and Environmental Laws. Any costs incurred by Landlord in connection with such Pre-Existing Hazardous Materials shall be specifically excluded from Operating Expenses. Landlord covenants that during the Lease Term, Landlord shall comply with all Environmental Laws in accordance with, and as required by, the terms of this Section 29.25.
Pre-Existing Hazardous Materials. Landlord and Tenant acknowledge and agree that the last sentence of Section 9.04(b) entitled “Hazardous Materials” shall be deleted in its entirety and said sentence shall be replaced with the following sentence, to wit: “Notwithstanding the foregoing, and notwithstanding anything to the contrary contained in the Lease, and/or in the Third Amendment, and/or any exhibit, addendum, schedule and/or adhesion document to this Lease, or otherwise, either expressed or implied, Tenant shall not, in any event, be responsible for any Hazardous Materials to the extent such Hazardous Materials are introduced to the Property and/or the Premises, or any portions thereof, by anyone other than Tenant or any Tenant Party.”
