Soil Contamination Clause Samples
The Soil Contamination clause defines the responsibilities and procedures related to the discovery or presence of contaminated soil on a property. Typically, it outlines which party is responsible for testing, remediation, and reporting if hazardous substances are found in the soil during construction or property transfer. For example, the clause may require the seller to disclose known contamination or obligate the buyer to conduct environmental assessments before closing. Its core function is to allocate risk and clarify liability for environmental issues, thereby protecting both parties from unexpected costs or legal exposure related to soil contamination.
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Soil Contamination. The LESSEE who carries out any potentially contaminating activity, of those provided for in Law 5/2013 of 13 June 2013, Law 22/2011 of 28 July and Royal Decree 9/2005 of 14 January, or in the legislation in force, is obliged to provide the LESSOR with a copy of the preliminary situation report or complementary reports or situation reports referred to in article 3 of the aforementioned regulatory provision. In the event of the administrative declaration of contaminated land, the LESSEE assumes the obligation to communicate to the LESSOR the notifications received, both of procedural acts and of resolutions of the administrative procedures referred to in article 4 of royal decree 9/2005, of 14 January, and shall carry out the actions that may be appropriate in application of article 7 of the aforementioned regulation. The LESSEE shall at all times be liable to the LESSOR for the liabilities required in application of the aforementioned regulations or any other that may replace them, with the obligation to compensate the property for any damage or harm caused by the infringement of the regulations or the contamination of the soil produced by the activity carried out by the LESSEE. For the appropriate purposes, a soil and groundwater quality report and a risk analysis report are attached as annex number 5. In any case, upon termination of the lease, the LESSEE shall draw up a status report on soil and water pollution and shall be charged the costs of carrying out all the decontamination work required to comply with the regulations in force at any given time in this area. During the time the decontamination work is being carried out, the LESSEE shall continue to pay the agreed rent.
Soil Contamination. In the event that any preexisting contamination in the soils beneath the building in which the Leased Premises are located and affecting the construction or use of the Leased Premises is discovered following the date of this Lease, and if the same requires remediation pursuant to any applicable law, rule, regulation or order of any governmental agency having jurisdiction over the same, or otherwise in the judgment of Landlord, then, Landlord shall promptly remediate the same at Landlord’s sole cost and expense and, if Landlord is required to enter into the Leased Premises or if such remediation measures require the disruption of Tenant’s use of the Leased Premises, the parties agree that to the extent that Tenant is unable to use the Leased Premises for Permitted Uses under this Lease, the Minimum Rent and Other Charges payable by Tenant hereunder shall equitably ▇▇▇▇▇ in proportion to the extent of the Leased Premises so affected for the period of any such interruption.
Soil Contamination. Total petroleum hydrocarbons (TPH); benzene, toluene, ethyl benzene, and xylenes (B1EX); metals; polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs); semivolatile organic compounds (SVOCs); and other VOCs such as 1,1,1-TCA, 1,1,-DCE, methylene chloride, and acetone have been detected in soil at the NRP: Contaminated soil at NRP is primarily a result of previous leaks from underground storage tanks (USTs). Releases associated with the USTs are being actively investigated or monitored. Other sources that may have contributed to soil contamination at the Site include sumps and oil/water separators, storage of hazardous wastes, a paint facility, capacitors, transformers, fuel pits, high-speed fuel hydrants, and a fuel pier. Most of the USTs, oil/water separators, and sumps, and surrounding contaminated soils at the Site have been removed (HLA, 2000a; ▇▇▇▇▇▇▇ ESE, 200Ja, b). Exposure to soil contamination was not evaluated; instead, applicable TCLs are presented in Section 6.4.
Soil Contamination. The Borrower has identified limited petroleum contamination of soils adjacent to Plant 3 believed to be related to an historical release. Contaminated soil was removed, except for a small amount of inaccessible soil along the foundation wall. Under the auspices of the WDNR the over-excavation was sampled along all four (4) sides and the base with all results below s. NR
Soil Contamination. 8.1 The Municipality declares that it is aware of the use which Thomas Regout Inte▇▇▇▇▇▇▇▇▇ ▇▇▇/▇▇ ▇▇▇ ▇llied companies currently makes and has made of the property in the past, and that it has taken note of the soil inspection reports, as mentioned in detail in the letter dated December 14th, 2001 and in particular the `Nader bodemonderzoek ▇▇-1 te Maastricht' of November 20, 1998, drawn up by Tebodin B.V.
8.2 The Municipality hereby accepts the property together with the present soil contamination, and any soil contamination which may be caused by Thomas Regout International'▇ ▇▇▇/▇▇ ▇▇y allied companies normal business operations.
8.3 Thomas Regout International a▇▇/▇▇ ▇▇▇ ▇▇▇ied companies is only liable for contamination and required to compensate the resulting decontamination costs, if there is question of a serious soil contamination within the meaning of the `Wet Bodemverontreiniging' [the Dutch Soil contamination Act] which is caused after the signing date of the present agreement as a result of a deliberate act or omission by Thomas Regout International ▇▇▇/▇▇ ▇▇ ▇iolation of the environmental permit and which is such that decontamination is urgent on the basis of the current use of the property.
8.4 The Municipality will indemnify Thomas Regout International a▇▇/▇▇ ▇▇▇ allied companies against liability for existing soil contamination against thirds, the Kingdom of the Netherlands included.
Soil Contamination. The Borrower recently identified limited petroleum contamination of soils adjacent to Plant 3 believed to be related to an historical release. Contaminated soil was removed, except for a small amount of inaccessible soil along the foundation wall. The Borrower is engaged in further site investigation under the auspices of the WDNR to determine what if any further investigation is warranted as to the extent and degree of any vapor intrusion at the site. This site meets the criteria for classification as a NR 700.09 "Simple Site" and Twin Disc, Inc. has received "No Further Action" Status under NR 708.09. The case is considered closed by the WDNR.