Reassessment of Environmental Losses Clause Samples

Reassessment of Environmental Losses. On the fifth anniversary of the Closing Date, Buyer shall deliver to Seller a report (the “Five Year Report”) prepared by the Consultant, or such other reputable environmental consultant as the parties shall mutually agree, that sets forth (i) the amount of all Environmental Losses incurred as of the fifth anniversary of the Closing Date (the “Current Environmental Losses”) and (ii) an estimate of the Environmental Losses reasonably likely to be incurred thereafter (with a year-by-year breakdown of all anticipated Environmental Losses). The net present value (calculated using a discount rate of 10%) of all anticipated Environmental Losses identified in the Five Year Report reasonably likely to be incurred after the five year anniversary of the Closing Date shall be referred to as the “Discounted Future Environmental Losses” (together with the Current Environmental Losses, the “Aggregate Environmental Losses”).