Existing Contamination definition

Existing Contamination means any Contamination present on, or under, the Site as of the execution date of this Contract.

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Existing Contamination means:

Existing Contamination means any hazardous substances, pollutants or contaminants known to be present or existing on or under the Site, based upon investigations and assessments provided to the Department as of the Effective Date of this Agreement.

Examples of Existing Contamination in a sentence

• For purposes of this clause, newly discovered Contamination means finding types of Contamination not previously identified at the Property or substantially higher concentrations of Existing Contamination.

• The purpose of this Agreement is to settle and resolve, subject to reservations and limitations contained herein, the potential liability of the Settling Respondent for the Existing Contamination at the Property, which would otherwise result from the Settling Respondent becoming the owner of the property.

• With respect to any claim or cause of action asserted by the United States, Purchaser shall bear the burden of proving that the claim or cause of action, or any part thereof, is attributable solely to Existing Contamination.

• Subject to ¶ 76, the United States covenants not to sue or to take administrative action against Purchaser under sections 106 and 107(a) of CERCLA for Existing Contamination, the Work, and payments under Section XI (Payment for Response Costs).

• Purchaser shall retain, and instruct their contractors and agents to retain, the following documents and electronically stored data (“Records”) until 10 years after a notice of completion of the work under ¶ 28 (“Record Retention Period”): All records regarding Existing Contamination or any release or threat of release of hazardous substances, pollutants or contaminants at or from the Site.

More Definitions of Existing Contamination

Existing Contamination means any hazardous substances, pollutants or contaminants present or existing on or under the Property as of the Effective Date of this Agreement;

Existing Contamination means any hazardous substances, pollutants or contaminants present or existing on or under the Property as of the Effective Date; any hazardous substances, pollutants or contaminants that migrated from the Property prior to the Effective Date; and any hazardous substances, pollutants or contaminants presently at the Site that migrate onto or under or from the Property after the Effective Date.

Existing Contamination means any hazardous substances, pollutants or contaminants, present or existing on or under the Sediment Processing/Transfer Facility Property(ies) as of the date of signature of this Consent Decree by Settling Defendant, except that Existing Contamination does not include PCBs that moved from the Hudson River onto such Property(ies) as a result of natural forces.

Existing Contamination means any Contamination that is situated in, on, under or over, or affects:

Existing Contamination means (i) any Release of a Substance or (ii) any soil or groundwater contamination by Substances, in each case, present as of the Closing Date, on or from any of the Company Property.

Existing Contamination means the discovery of contamina- tion in the soil, groundwater, surface and drinking waters in excess of the applicable state cleanup levels. It also includes the presence of DNAPL/free product or vapors in soils, basements, sewer and utility lines and nearby surface and drinking waters.

Existing Contamination means the identity of Hazardous Substances referenced in the Environmental Reports as being located on, under or in the vicinity of the Premises as of the date of this Lease or otherwise proven by Tenant to have been located on or under the Premises as of the date of this Lease or to have migrated under the Premises during the term of this Lease (other than a migration caused by the acts or omissions of Tenant and or Tenant's agents, contractors, licensees or invitees or other persons on the Premises during the term of this Lease.