Adverse Environmental Conditions definition

Adverse Environmental Conditions means (1) when the ambient

Adverse Environmental Conditions means contaminations or conditions that would require in the aggregate $100,000 or more of out of pocket costs and expenses to remedy and that are not otherwise permanently authorized by permit or law, resulting from the existence or any discharge, release, disposal, production, storage, treatment, or any other activities on, in or from the Property, or the migration or transportation from other lands to the Property, prior to the Closing Date, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances that are subject to regulation under any laws, rules or regulations relating to the protection of health or the environment ("Environmental Laws"), including, but not limited to, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substance Control Act, the Hazardous and Solid Waste Amendments Act of 1984, the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, the Fish and Wildlife Coordination Act, the National Historic Preservation Act and the Oil Pollution Act of 1990, as well as any state and local regulation or law governing the same, similar or related matters.

Adverse Environmental Conditions means (1) when the ambient temperature is 32 degrees Fahrenheit or below in the immediate vicinity of a dog, domestic companion animal, or service animal, or there are other cold weather or precipitation-related environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, or hail that a person should reasonably know would pose an adverse risk to the health or safety of a dog, domestic companion animal, or service animal, based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur; or (2) when the ambient temperature is 90 degrees Fahrenheit or above in the immediate vicinity of a dog, domestic companion animal, or service animal, or a dog, domestic companion animal, or service animal is exposed to direct sunlight or hot pavement or any other hot surfaces that a person should reasonably know would pose an adverse risk to the health or safety of the animal, based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur.

Examples of Adverse Environmental Conditions in a sentence

• Except as set forth on Schedule 3.2.1, there is no suit, action or claim pending before any judicial body or arbitration panel, nor any compliance order or similar governmental action pending before a governmental authority or, to Seller’s Knowledge, threatened with respect to any portion of the Property or Seller’s ownership or operation thereof, excepting, in each case, any Adverse Environmental Conditions, the exclusive remedy of which is set out in Section 5.3.

• Prior to Closing, Buyer may review the Inspection Results for the Property and determine, based on the Inspection Results or any other information as may be available to Buyer, if any Adverse Environmental Conditions exist with respect to the Property.

• Prior to the Environmental Deadline Date, ASSIGNEE will review the inspection results for the Property and determine, based on those results and such other information as may be available to ASSIGNEE if any Adverse Environmental Conditions exist with respect to the Property.

• If ASSIGNEE notifies ASSIGNOR of any Adverse Environmental Condition before Closing as provided in Section 5.3.3, and ASSIGNOR fails to cure the Adverse Environmental Condition before Closing, ASSIGNEE and ASSIGNOR will have the following rights and remedies with respect to the uncured Adverse Environmental Condition(s) in the Property, unless the parties otherwise agree in writing.

• If ASSIGNEE notifies ASSIGNOR of any Adverse Environmental Condition following the Closing and prior to the Environmental Defect Date as provided in Section 5.3.3, and ASSIGNOR fails to cure the Adverse Environmental Condition no later than ten (10) business days following the Environmental Deadline Date, ASSIGNEE and ASSIGNOR will have the following rights and remedies with respect to the uncured Adverse Environmental Condition(s) in the Property, unless the parties otherwise agree in writing.

More Definitions of Adverse Environmental Conditions

Adverse Environmental Conditions means (a) any violation of, breach of, or non-compliance with any Environmental Laws affecting the Premises, other than a violation, breach, or non-compliance caused by AMS, and (b) any presence or release of, or exposure to, any Hazardous Substances at, to, on, in, under, or from the Property in violation of any Environmental Law, other than the presence, release, or exposure caused by AMS.

Adverse Environmental Conditions means any individual contamination or condition that would require $50,000 or more of out-of-pocket costs and expenses to remedy and that is in violation of the Environmental Laws (as hereafter defined), resulting from any discharge, release, disposal, production, storage, treatment, or any other activities on, in or from the Conoco Property, or the migration or transportation from other lands to the Conoco Property, prior to the Closing Date, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances that are subject to regulation under any laws, rules or regulations relating to the protection of health or the environment, including, without limitation, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substance Control Act, the Hazardous and Solid Waste Amendments Act of 1984, the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, the Fish and Wildlife Coordination Act, the National Historic Preservation Act and the Oil Pollution Act of 1990, as well as any state and local regulation or law governing the same, similar or related matters, all as may have been or be amended from time to time (collectively, "Environmental Laws"). The term "Adverse Environmental Conditions" also shall include any such individual contamination or condition Of the Conoco Property that would require $50,000 or more of out-of-pocket costs and expenses to remedy that is only temporarily authorized by law, permit, fee agreement or other arrangement.

Adverse Environmental Conditions also shall include any such individual contamination or condition Of the Conoco Property that would require $50,000 or more of out-of-pocket costs and expenses to remedy that is only temporarily authorized by law, permit, fee agreement or other arrangement.

Adverse Environmental Conditions has the meaning specified in Section 5.6.

Adverse Environmental Conditions means any contamination or condition that is the result of any discharge, release, disposal, production, storage or treatment on, in or below the Interests or migration to or from the Interests to any other land or body of water, wherever located, prior to the Effective Time, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances for which and to the extent that remediation is required or if discovered by the appropriate governmental authority, would reasonably be required by any laws, rules, orders, regulations, permits or judgments in effect as of the Effective Time relating to the protector of the environment ("Environmental Laws").

Adverse Environmental Conditions means (a) any violation of, breach of, or non- compliance with any Environmental Laws affecting the Premises, other than a violation, breach, or non-compliance caused by Provider, and (b) any presence or release of, or exposure to, any Hazardous Substances at, to, on, in, under, or from the Property in violation of any Environmental Law, other than the presence, release, or exposure caused by Provider.

Adverse Environmental Conditions means any contamination or condition that is the result of any discharge, release, disposal, production, storage or treatment on, in or below the Interests or migration to or from the Interests to any other land or body of water, wherever located, prior to the Closing Date, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances for which and to the extent that remediation is required by any laws, rules, orders, regulations, permits or judgments in effect as of the Effective Time EXHIBIT 10.20 relating to the protection of the environment ("Environmental Laws").