Pre-Closing Contamination definition

Pre-Closing Contamination. Any Hazardous Material released into the soil or ------------------------- groundwater before the Effective Date.
Pre-Closing Contamination means the existence of any Contaminants at, on, under or migrating from any Owned Real Property that arises out of or relates to an act occurring or a condition existing on or prior to the Closing Date and with respect to which an Administrative Authority or a third party institutes an investigation or makes a claim on or prior to the third anniversary of the Closing Date that results in an obligation of any of the Companies to undertake any Remedial Actions.
Pre-Closing Contamination means any contamination of soil, surface water or groundwater by Specified Substances at in on under or from any Real Estate which is present at or prior to the Closing Time whether or not such contamination has since migrated beyond the Real Estate;

Examples of Pre-Closing Contamination in a sentence

  • Holder may disclose the existence of any Pre-Closing Contamination, to the extent that Holder is required to do so under applicable law.

  • Owner, for itself -------------------------------------------------- and its heirs, successors, and assigns (including without limitation all future owners of the Real Estate), waives and releases any Claim that it might have against ARCO or the ARCO Entities based on or related to any Pre-Closing Contamination.

  • In consideration of Seller's covenants and agreements hereunder, Purchaser hereby waives, releases, remises and forever discharges any right or cause of action against Seller with respect to any and all Losses arising out of or relating to the presence or Release of any Hazardous Substances in connection with the Business, including Pre-Closing Contamination, Pre-Closing Exposures and/or Seller's performance of any Remedial Action Work therefor.

  • Holder will not be required to remove or dispose of any Pre-Closing Contamination.

  • The terms of this Agreement and any information regarding Pre-Closing Exposures or Pre-Closing Contamination shall at all times be kept confidential, except as needed in the course of Remedial Action Work, as provided herein or as the law may otherwise require.

  • Owner acknowledges that the purchase price paid to ARCO for the Real Estate reflects (i) the effect of this Declaration on the Real Estate and (ii) any Pre-Closing Contamination.

  • This shall apply also after fulfilment, termination or other expiry of the Contract.

  • Purchaser shall immediately forward to Seller a copy of any notices or correspondence Purchaser receives from any Person relating to Pre-Closing Exposures or Pre-Closing Contamination.

  • Sellers shall pay administrative or civil fines or penalties assessed by an Environmental Agency in connection with Known Pre-Closing Contamination or Unknown Contamination, regardless of any allocation of responsibility for Remediation Costs hereunder for which Sellers are provided notice in accordance with Section 14.6(c) hereof, provided that such fines and penalties were not a result of CIS's or Buyers' actions or failure to act after the Closing.

  • Purchaser may disclose or distribute the terms of this Agreement and any information regarding Pre-Closing Exposures or Pre-Closing Contamination or copies thereof to any Third Party with a need to know and who agrees to be bound by this confidentiality provision.


More Definitions of Pre-Closing Contamination

Pre-Closing Contamination means the presence of Hazardous Substances as of the Closing Date on, in or under, or the migration of Hazardous Substances on or before the Closing Date from, an Active Facility, Former Facility or Disposal Site (including groundwater thereunder) in either concentrations or amounts for which Remedial Action Work is required under applicable Environmental Laws, taking into account any applicable Exposure Restrictions.

Related to Pre-Closing Contamination

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

  • Environmental Contamination means each of the following and their consequences:

  • Pre-Closing Environmental Liabilities means (i) any violation of Environmental Law arising in connection with the ownership or operation of the Properties prior to the Effective Time, (ii) any Release of Hazardous Substances onto or from the Properties prior to the Effective Time or relating to or arising from any activities conducted on such properties or from operation of such assets prior to the Effective Time and (iii) any claim, action, cause of action, inquiry, investigation, remediation, removal or restoration with respect to the matters set forth in subsection (i) or (ii) above

  • Contamination means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

  • Hazardous Materials Contamination means contamination (whether now existing or hereafter occurring) of the improvements, buildings, facilities, personalty, soil, groundwater, air or other elements on or of the relevant property by Hazardous Materials, or any derivatives thereof, or on or of any other property as a result of Hazardous Materials, or any derivatives thereof, generated on, emanating from or disposed of in connection with the relevant property.

  • Contaminated soil means soil that meets all of the following criteria:

  • Lead-contaminated dust means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the Environmental Protection Agency pursuant to § 403 of TSCA (15 U.S.C. § 2683).

  • Contaminated site means a site where there is a confirmed presence, caused by man, of hazardous substances of such a level that they pose a significant risk to human health or the environment taking into account current and approved future use of the land;

  • Contaminate means the addition of sediment, any other pollutant or waste, or any illicit or prohibited discharge.

  • Computer contaminant means any set of computer instructions that are designed—

  • Decontamination means a process that attempts to remove or reduce to an acceptable level a contaminant exceeding an allowable threshold set forth in these Rules in a harvest batch or production batch.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Contaminated means the actual existence on or under any real property of Hazardous Substances, if the existence of such Hazardous Substances triggers a requirement to perform any investigatory, remedial, removal or other response action under any Environmental Laws or if such response action legally could be required by any governmental authority; "Facility" means any property currently owned, leased or occupied by the Company.

  • Underground storage means storage of gas in a subsurface stratum or formation of the earth.

  • Underground storage tank or “UST” means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any:

  • Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

  • Remediation means any response, remedial, removal, or corrective action, any activity to cleanup, detoxify, decontaminate, contain or otherwise remediate any Hazardous Materials, Regulated Substances or USTs, any actions to prevent, cure or mitigate any Release, any action to comply with any Environmental Laws or with any permits issued pursuant thereto, any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or any evaluation relating to any Hazardous Materials, Regulated Substances or USTs.

  • Wildlife violation means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

  • Threatened species means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

  • Hazardous Material means any substance, material or waste that is classified, regulated or otherwise characterized under any Environmental Law as hazardous, toxic, a contaminant or a pollutant or by other words of similar meaning or regulatory effect, including petroleum or any fraction thereof, asbestos, polychlorinated biphenyls and radioactive substances.

  • Dangerous Substance means any radioactive emissions and any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) which, taking into account the concentrations and quantities present and the manner in which it is being used or handled, it is reasonably foreseeable will cause harm to man or any other living organism or damage to the Environment including any controlled, special, hazardous, toxic, radioactive or dangerous waste.

  • Environmental Violation means any activity, occurrence or condition that violates or results in non-compliance with any Environmental Law in any Material respect.

  • Air contaminant source means any and all sources of emission of air contaminants whether privately or publicly owned or operated (Section 19-2-102(2)).

  • Controlled dangerous substance means a drug, substance, or

  • Remediation waste means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that are managed for implementing cleanup.

  • Aboveground storage tank shall have the meaning ascribed to such term in Section 6901 et seq., as amended, of RCRA, or any applicable state or local statute, law, ordinance, code, rule, regulation, order ruling, or decree governing aboveground storage tanks.