Pre-Existing Environmental Condition definition

Pre-Existing Environmental Condition means the presence, if any, of Hazardous Materials on or about the Project Land on the Initial Closing Date which at any subsequent time constitutes a violation of Environmental Laws or which subjects or is reasonably expected to subject the Company or its Members or Managers to liability to any Person.

Pre-Existing Environmental Condition means: (i) any presence or Release of any Hazardous Material at, on, under, from or to the Property or Facilities before or at Closing (and any migration therefrom, whether before or after Closing); (ii) any presence, Release or threatened Release of any Hazardous Material at, on, under, from or to any other location before or at Closing (and any migration therefrom, whether before or after Closing); and (iii) any other circumstances occurring before or at Closing forming the basis of any actual or alleged violation of, or liability under, any Environmental Law or any Environmental Approval.

Pre-Existing Environmental Condition means presence of: (i) Hazardous Materials in soil, groundwater or surface water on or about the Premises which first existed or first occurred prior to the Rental Commencement Date; or (ii) any other environmental condition which first existed or first occurred prior to the Rental Commencement Date.

Examples of Pre-Existing Environmental Condition in a sentence

• If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability.

• Tenant further agrees that Tenant shall be responsible, at its sole cost and expense, for all Corrective Action (as hereinafter defined) relative to: (a) any and all Hazardous Materials in soil, groundwater or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, and (b) any Pre-Existing Environmental Condition.

• Except for the Company’s failure to provide such notice and exercise due care with respect to such condition, the Company shall not be responsible for any Pre-Existing Environmental Condition.

• The discovery after the Contract Date of a Pre-Existing Environmental Condition at the Transfer Station Site or Drop-Box Sites, except for any Pre-Existing Environmental Condition which has been disclosed to the Company prior to the Contract Date, shall be treated as an Uncontrollable Circumstance.

• Landlord makes no representation or warranty with regard to the Pre-Existing Environmental Condition or with regard to any aspect of the environmental condition of the Premises.

More Definitions of Pre-Existing Environmental Condition

Pre-Existing Environmental Condition is defined in Section 13.11.

Pre-Existing Environmental Condition means presence of: (i) Hazardous Materials in soil, groundwater or surface water on or about the Premises which first existed or first occurred prior to the Effective Date; or (ii) any other environmental condition which first existed or first occurred prior to the Effective Date. “Environmental Requirements”, as used herein, shall mean all applicable federal, state, and local government laws (including common law), rules, regulations, statutes, codes, ordinances, directives, guidance documents, cleanup or other standards, and any other governmental requirements or standards which pertain to, regulate, or impose liability or standards of conduct concerning the use, storage, human exposure to, handling, transportation, release, cleanup or disposal of Hazardous Substances. “Corrective Action” shall mean investigation, assessment, monitoring, sampling, analysis, cleanup, removal, disposal, on-site treatment, off-site treatment, active remediation, passive remediation, remediation alternatives including but not limited to risk-based corrective action, if applicable, and/or other activities approved, concurred in or required by the governmental agency having jurisdiction over the Premises. Tenant shall not discharge or permit to be discharged from the Premises any Hazardous Materials on, in or from the Premises. Any sewage which is produced or generated in connection with the use or operation of the Premises shall be handled and disposed of by Tenant as required by and in compliance with all applicable local, state and federal laws, ordinances and rules or regulations.

Pre-Existing Environmental Condition means the presence or release on or before the Commencement Date of any Hazardous Material, Oil or other Toxic Substance at, on, in, under and/or above the Premises.

Pre-Existing Environmental Condition. Any Hazardous Substances in, on or about the Leased Property in violation of any applicable Environmental Laws as of the Commencement Date.

Pre-Existing Environmental Condition means, and is limited to, any contamination (including groundwater, soil or soil gas) in, under or outside of the Transfer Station or Drop-Box Sites resulting from the release of any Hazardous Waste into or from the Transfer Station and Drop-Box Sites, that occurred prior to the Commencement Date.

Pre-Existing Environmental Condition means the presence of any Hazardous Materials on, under or near the Land on or prior to the date of Completion.

Pre-Existing Environmental Condition means any Environmental Condition (whether known or unknown) at, on, under, or within the Real Property Interests or any Pipeline ROW Interest or any improvements thereon or therein existing as of the Closing Date; provided, however, that Pre-Existing Environmental Conditions shall not include Lead-Based Paint, NORM, PCB’s or non-friable Asbestos on or within the buildings or other improvements included in the Assets or migration of Hazardous Materials onto or into the Real Property Interests or any Pipeline ROW from outside sources or locations.