Definition of Pre-Closing Onsite Environmental Liability


Pre-Closing Onsite Environmental Liability means any Environmental Liability attributable or relating to, resulting from, or caused by any of the Owned Real Property or Leased Real Property, including any environmental conditions on, under, or emanating from such Owned Real Property or Leased Real Property, except to the extent, and in the proportion, the facts or conditions underlying such Environmental Liability are caused by the action or negligent or willful failure to act by any Buyer and/or its Affiliates (including the Transferred Subsidiaries or any of the Indirect Subsidiaries) in connection with the operation or use of such Owned Real Property or Leased Real Property after the Closing Date; provided that, notwithstanding anything to the contrary in this Agreement, all decommissioning liability arising after the Closing under the Radiation Safety Laws with respect to Owned Real Property, the Leased Real Property or the Business shall be assumed by the Buyer and shall not be considered a Pre-Closing Onsite Environmental Liability or a Pre-Closing Indemnified Environmental Liability.
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