Existing Environmental Conditions means any Environmental Conditions at, on or under the Premises (including Regulated Materials) existing on or before the Commencement Date of this Lease; and
Existing Environmental Conditions means the conditions disclosed in the report entitled Phase II and Phase III Program Findings, Northwestern Pacific Railroad, Novato to Willits, dated March 1996, prepared for Licensor by Geomatrix Consultants, a true copy of which is available for inspection at the NCRA office, or such other conditions as may be identified in an addendum to this agreement executed by both parties.
Existing Environmental Conditions means the conditions disclosed in the report entitled Phase II and Phase III
Examples of Existing Environmental Conditions in a sentence
If any Requested Audit discloses the presence of Hazardous Substances, other than Known Existing Environmental Conditions, in violation of Hazardous Materials Laws, then, except to the extent caused by any of the Indemnified Landlord Parties, Tenant shall promptly reimburse Landlord for the reasonable out-of-pocket cost of the Requested Audit paid by Landlord to unrelated third parties.
Notwithstanding any provision contained in this Lease, Tenant is not obligated to indemnify the Indemnified Landlord Parties against any Claims arising from Known Existing Environmental Conditions.
Notwithstanding any provision contained in this Lease to the contrary, Tenant is not obligated to indemnify the Indemnified Landlord Parties against any Claims arising from Known Existing Environmental Conditions.
Existing Environmental Conditions X Conduct an environmental scan and list of critical environmental issues within the corridor that include the following tasks:• Map environmental resources and prepare a list of environmental issues.
Tenant is familiar with the Existing Environmental Conditions of the Project.
More Definitions of Existing Environmental Conditions
Existing Environmental Conditions means any Environmental Conditions at the Property existing on the date of this Agreement.
Existing Environmental Conditions means the environmental conditions at the Premises, including the presence of any Hazardous Materials, as of the commencement of the term of this Sublease.
Existing Environmental Conditions means those Environmental Conditions which exist as of the Commencement Date, due to an act or omission by any person at any time prior to the Commencement Date, in, on, under at, about any Demised Property, or any Hazardous Materials migrating to or from such Demised Property. Existing Environmental Conditions include any “daughter” or “breakdown” Hazardous Materials for any original Release that pre-dates the Lease Term. Existing Environmental Conditions shall not include Environmental Conditions which are the subject of a final “case closure” or “no further action” determination by a Governmental Authority, unless during the Lease Term: (1) a Governmental Authority reopens the matter, or (2) Tenant or any person fails to comply with any applicable activity and use limitations respecting the Environmental Conditions, or (3) changes in Law, including Environmental Law, require the Existing Environmental Conditions be addressed.
Existing Environmental Conditions has the meaning given it in Section 2.5.1. “Extended Outside Delivery Date” has the meaning given to it in Section 3.1.
Existing Environmental Conditions means any environmental conditions, circumstances or other matters of fact pertaining to, relating to or otherwise affecting the environment and in existence at the Facility Site prior to the Effective Date, including any environmental pollution, contamination, degradation, damage or injury caused by, related to, or arising from or in connection with (i) the presence, use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, disposal (including the abandonment or discarding of barrels, containers and other closed receptacles containing any Hazardous Materials), dumping or threatened release of Hazardous Materials in connection with the ownership, possession, construction, improvement, use or operation of the Facility Site prior to the Effective Date, (ii) the offsite transport prior to the Effective Date of Hazardous Materials from the Facility Site, or the treatment, storage or disposal of Hazardous Materials transported from the Facility Site to another site prior to the Effective Date and (iii) the release prior to the Effective Date of Hazardous Materials from the Facility Site into the atmosphere or any water course or body of water not included in the Facility Site.
Existing Environmental Conditions means: (a) the conditions listed or referenced in any of the Environmental Agreements or Environmental Reports; (b) all Hazardous Material on, in, under or about the Property, including Hazardous Material present in the indoor air, soils or groundwater, as of the Commencement Date, whether or not described in subparagraph (a) above, including any impacts that have previously emanated from or hereinafter emanate from the Superfund sites described in this Lease; (c) the matters described in section 6.5(a); (d) all information regarding the environmental condition of the Premises and the Property provided to Tenant or Guarantor by any person or entity (including Landlord) pursuant to the RFP; and (e) such other documents or agreements regarding the environmental condition of the Premises and the Property (including agreements among some or all of Landlord, the EPA, the Navy, the MEW Companies, the State of California and other entities and governmental agencies that are involved in the remediation of, or that are responsible to remediate, existing contamination on or about the Property). If any Hazardous Material is encountered, discovered or identified on, in, under or about the Premises during the Term, including in the indoor air, soils, soil vapor or groundwater, after the Commencement Date, it shall be presumptively concluded that such Hazardous Material was present at the Premises prior to the Commencement Date and that such Hazardous Material is an Existing Environmental Condition; Landlord may rebut such presumptive conclusion by proving by a preponderance of the evidence (with Landlord bearing the burden of proof) that the Hazardous Material was initially released on or after the Commencement Date. Tenant will cooperate with Landlord, at no expense to Tenant, in determining the origin of any Hazardous Materials encountered, discovered or identified on, in, under or about the Premises during the Term from and after the Commencement Date.
Existing Environmental Conditions means (1) the Release of, or exposure to any Hazardous Materials at, on, under or emanating from any Real Property, whether known or unknown, on or prior to the Closing Date in violation of or which, if known, would require Response Actions under applicable Environmental Laws as in effect as of the Closing Date, (2) any Hazardous Materials generated or produced by the Prince Business or transported from any Real Property and disposed of or stored at off-site locations, on or prior to the Closing Date, (3) any violation of applicable Environmental Laws as in effect as of the Closing Date by the Prince Business or at any Real Property to the extent that such violation occurs prior to the Closing Date, and (4) any acts or omissions by the Phibro Parties or the Prince Business or conditions at the Real Property existing on or before the Closing Date (whether known or unknown) that give rise to liability under any Environmental Law as in effect as of Closing Date. The term Existing Environmental Conditions does not include Releases of Hazardous Materials caused by the Buyer after the Closing Date, subject to Section 3 of this Agreement, nor capital requirements or Response Actions (but excluding assessments of fines and penalties) relating to matters or conditions described on Schedule A hereto.