Existing Contamination definition

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

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 “matters addressed” in this Settlement Agreement are all response actions taken or to be taken and all response costs incurred or to be incurred by the United States or by any other person with respect to Existing Contamination.

• This Order in no way constitutes a finding by the Department as to the risks to human health and the environment which may be posed by the Existing Contamination at the Site nor constitutes any representation by the Department that the Site is fit for any particular purpose.

• The matters addressed in this Agreement are [all response actions taken or to be taken and response costs incurred or to be incurred by the United States or any other person for the Site with respect to the Existing Contamination].

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

More Definitions of Existing Contamination

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 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 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 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 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.

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.