Adverse Environmental Condition definition

Adverse Environmental Condition means (i) the existence or the continuation of the existence, of an Environmental Contamination (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Contamination), of, or exposure to, any substance, chemical, material, pollutant, Hazardous Substance, odor or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any of the Equipment.

Adverse Environmental Condition means any of the matters referred to in clauses (i) or (ii) of the definition of Environmental Claim.

Adverse Environmental Condition shall refer to (i) the existence or the continuation of the existence, of an Environmental Emission (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Emission), of, or exposure to, any Contaminant, odor or audible noise in violation of any Applicable Environmental Law, at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment in violation of any Applicable Environmental Law, or (iii) the violation, or alleged violation, of any Environmental Law connected with any Equipment.

Examples of Adverse Environmental Condition in a sentence

• Lessor agrees to fully indemnify, protect, defend and hold Lessee, its successors and assigns, harmless from and against any and all claims for damage, loss or liability, including reasonable attorney fees, as a result of any discovery of Hazardous Materials on the Property or other Adverse Environment Condition unless Lessee contributed to the presence of the Hazardous Materials or caused the Adverse Environmental Condition.

• If Seller agrees to remedy any specific Material Adverse Environmental Condition or Material Defect in the Property, then all negotiations and contacts with Governmental Agencies for approval and review of such remedial action shall be made by Seller, and Buyer shall make no independent contacts with any of the Governmental Agencies relative to such remedial action.

• Buyer shall have the option, in its sole discretion, to notify Seller in writing of any Adverse Environmental Condition it discovers with respect to the Property on or before December 20, 2016 (the “Environmental Claim Date”).

• If a Defect is an Adverse Environmental Condition, then the Defect Value thereof shall be the costs and expenses reasonably necessary to remediate such Adverse Environmental Condition.

• Subject to and without limiting Seller’s indemnity obligations under this Agreement and Buyer’s remedies for the breach of the representation of Seller set forth in Section 3.2.13, Seller shall have no liability to Buyer for any such Adverse Environmental Condition (or its related Environmental Obligations) if Buyer fails to notify Seller as provided in Section 5.3.3.

More Definitions of Adverse Environmental Condition

Adverse Environmental Condition means, with respect to any of the Timberlands, the existence of an Environmental Matter.

Adverse Environmental Condition means (i) the existence or the continuation of the existence of an Environmental Contamination (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Contamination), or exposure to any substance, chemical, material, pollutant, Hazardous Substance, odor or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to any Collateral, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Collateral, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any of the Collateral.

Adverse Environmental Condition means the occurrence of any of the matters referred to in the definition of Environmental Claim.

Adverse Environmental Condition means, with respect to the Assets, any violation of Environmental Laws; any condition that is required to be remediated or cured under applicable Environmental Laws; the failure to remediate or cure any condition that is required to be remediated or cured under applicable Environmental Laws; or any actual or threatened claim, action or proceeding by or before any Governmental Authority or other Person alleging potential liability arising out of or resulting from any actual or alleged violation of, or any remedial obligation under, any Environmental Laws.

Adverse Environmental Condition has the meaning set forth in Section 6.3(c).

Adverse Environmental Condition means any condition of the Assets that requires restoration, remediation or resolution under applicable Environmental Laws.

Adverse Environmental Condition means any condition, occurrence, event or activity on or attributable to, related to or incurred with respect to the ownership, operation or use of the Purchased Assets to the extent that the same (i) constitutes a violation of applicable Environmental Laws or (ii) requires remediation or corrective action pursuant to applicable Environmental Laws.