Existing Environmental Condition means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the Site prior to Brownfields Developer’s entry into this Agreement including, but not limited to, those substances and conditions identified or set forth in the documents attached hereto as Exhibit 2.
Existing Environmental Condition means the environmental condition of the Property as of the Lease Date, including all Hazardous Materials existing on, in or under the Property as of the Lease Date.
Existing Environmental Condition means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary.
Examples of Existing Environmental Condition in a sentence
This release includes without limitation, any claim of civil liability for reimbursement of DNREC's costs or for injunctive relief pertaining to the Existing Environmental Condition.
A Pre- Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.
Brownfields Developer shall exercise due care at the Site with respect to the Existing Environmental Condition and shall comply with all applicable local, state, and federal environmental laws and regulations pertaining to the Site.
Payment of the Trade Claims as they become due in the ordinary course of business is critical to the Debtor’s uninterrupted operations as such payments will facilitate the ongoing delivery of goods and services required by the Debtor to fulfill customer orders and continue generating revenue.
For the purpose of this Paragraph, the mitigation of any exacerbation of any Existing Environmental Condition shall be considered accomplished if that part of the Property has been returned to substantially the same condition as existed prior to the beginning of Development Activities thereon.
More Definitions of Existing Environmental Condition
Existing Environmental Condition means any environmental condition existing prior to or as of the Closing Date at any Real Property or Facilities that are part of the Purchased Assets, including the subsequent migration of any Regulated Materials comprising such an environmental condition.
Existing Environmental Condition means (i) the pollution or contamination of the soil or the real estate within the meaning of Section 2 (3) of the Federal Soil Protection Act (schädliche Bodenveränderungen) or any other applicable Environmental Laws, “real estate” meaning sites in the Federal Republic of Germany currently owned, leased, occupied or used by any of the Group Companies (“Real Estate”), or of neighboring sites originating from the Real Estate, (ii) the presence of Hazardous Materials in the ground or surface water beneath the Real Estate or in neighboring sites originating from the Real Estate or (iii) contamination of the buildings including the ambient air with Hazardous Materials on the Real Estate; provided, however, in each case such Existing Environmental Condition existed on or prior to the Closing Date.
Existing Environmental Condition means all known or discovered releases of hazardous substances which are
Existing Environmental Condition means (i) the pollution or contamination of the soil, ground or air within the meaning of any applicable Environmental Laws of the Real Estate currently or previously owned or used by the Companies, the currently used or owned Real Estate being identified in Exhibit 10.2.2 (herein "Real Estate"), (ii) the contamination of the groundwater beneath the Real Estate, (iii) the disposal of any Hazardous Materials used, generated or stored by the Companies at any on site or offsite location, provided, however, in each case such Existing Environmental Condition existed at, or prior to, the Closing Date, or (iv) any violation of the applicable Environmental Law arising out of the operations of the Business prior to Closing Date.
Existing Environmental Condition means (1) harmful soil changes and contamination (in Germany: hazardous soil alterations within the meaning of the Federal Soil Protection Act (Bundes-Bodenschutzgesetz, section 2(3)), historical contamination within the meaning of Section 2(5) Federal Soil Protection Act or hazardous alterations of water caused by hazardous soil alterations and historical contamination within the meaning of section 4(3) sentence 1 Federal Soil Protection Act; in France, Thailand, the U.S., Mexico, Brazil, Czech Republic and China: pursuant to the respective applicable equivalent statutory provisions, (2) pollution or contamination of surface and groundwater, (3) pollution or contamination of surface air or subsurface air, (4) environmental damage within the meaning of the Environmental Damage Act (Umweltschadensgesetz), (5) pollution or contamination of any other environmental medium and consequent damage to natural resources, and/or (6) adverse impacts to the indoor environment as a result of a release of Hazardous Substances that create an unacceptable risk to human health, whereas the foregoing shall be deemed to also refer to the respective applicable equivalent or analogous Laws and statutory provisions of France, Thailand, the U.S., Mexico, Brazil, Czech Republic and China (“Environmental Condition”), in each case existing on or prior to the Closing Date on, in, under, above or originating from the Covered Property. With regard to whether an Environmental Condition discovered after Closing is a Current Remediation Measure, Investigated Site Remediation Measure, or Future Remediation Measure the following provisions apply: (1) Seller shall have the burden of proving an Environmental Condition discovered during the first five (5) years following Closing is a not an Existing Environmental Condition; and (b) Purchaser shall have the burden of proving an Environmental Condition discovered more than five (5) years following Closing is an Existing Environmental Condition.
Existing Environmental Condition means (1) any environmental pollution, contamination, degradation, damage or injury caused by, related to, arising from, or in connection with the generation, handling, use, treatment, storage, transportation, disposal, discharge, release or emission of any Hazardous Materials occurring on or prior to the Closing Date and for which prompt remedial action is presently required (or if known, would be presently required) under Environmental Laws in effect on the Closing Date or (2) any third party claim which is brought against Seller and based on the release or migration of Hazardous Materials prior to the Closing Date from any of the Interests to such third party's property as a result of or in connection with Seller's conduct of the Business.
Existing Environmental Condition means (i) the pollution or contamination of the soil (schadliche Bodenveranderungen) within the meaning of Section 2 (3) of the Federal Soil Protection Act (Bundesbodenschutzgesetz) (or, outside the Federal Republic of Germany, any comparable Environmental Laws) of the real estate currently owned or leased by any of the Wholly-Owned Companies (herein "REAL ESTATE") or (ii) historical pollution (Altlast) as defined in Section 2 (5) of the Federal Soil Protection Act (or, outside the Federal Republic of Germany, any comparable Environmental Laws) on the Real Estate or (iii) the presence of Hazardous Materials (as defined in Section 10.2.4 below) in the groundwater beneath the Real Estate or (iv) the disposal of any Hazardous Materials used, generated or stored by the Wholly-Owned Companies at any offsite location, provided, however, in each of the cases (i) to (iv) such Existing Environmental Condition existed at, or prior to, the Closing Date.