Pre-Existing Environmental Conditions means the presence of any Hazardous Materials existing as of the Commencement Date in the air, soil, surface water or groundwater, and in, on and under any structure on the Demised Premises.
Pre-Existing Environmental Conditions means any Existing Contamination on the Real Property as the term “Existing Contamination” is defined by the Voluntary Cleanup Contract (13-5789-NRP) between the South Carolina Department of Health and Environmental Control, South Carolina Department of Mental Health, Bull Street Development, LLC, and the City of Columbia.
Pre-Existing Environmental Conditions means (i) any condition that exists at or on the Leased Property on or prior to the Commencement Date with respect to contamination of soil, surface or ground waters, stream sediments, and every other environmental media from Hazardous Substances, (ii) any Hazardous Substances present or located in, on, under or about Leased Property on or prior to the Commencement Date or to the extent due to the gross negligence or willful misconduct of Landlord thereafter and (iii) any Hazardous Substances that have migrated from the Leased Property on or prior to the Commencement Date. Tenant shall use commercially reasonable efforts to minimize any interference with or disruption of any Pre-Existing Environmental Conditions located within the Leased Property of which it is aware or becomes aware when performing its obligations under this Lease (including, without limitation, Sections 8.2 and 9.1(a)). If any claim is made by Xxxxxx for reimbursement for Environmental Costs incurred by it hereunder, Xxxxxxxx agrees to pay such claim promptly, and in any event to pay such claim within sixty (60) calendar days after receipt by Landlord of written notice thereof and any amount not so paid within such sixty (60) calendar day period shall bear interest at the Overdue Rate from the date due to the date paid in full.
Examples of Pre-Existing Environmental Conditions in a sentence
This report is to be filed on the same date it is provided to KRRC and the States.6. PacifiCorp shall promptly file in this docket its agreement with KRRC and the States regarding all Pre-Existing Environmental Conditions not resolved in accordance with Section 3.5 as of Closing; i.e., the “Retained Environmental Obligations” contemplated in Section 3.5(d).
PacifiCorp shall file in this docket the report it is to provide KRRC and the States regarding the status of its efforts to resolve the Pre-Existing Environmental Conditions under Section 3.5(c) of the Property Transfer Agreement.
Pre-Existing Environmental Conditions: As defined in Section 32.6.
Accordingly, PacifiCorp shall deliver the Project Property to KRRC free of any Pre-Existing Environmental Conditions except as expressly provided for in Section 3.5.”56 Section 3.4 concerns matters related to diligence and inspections.
Section 3.3 concerns particulars regarding property condition, and include that the “parties further acknowledge, however, that Pre-Existing Environmental Conditions are not KRRC’s responsibility.
More Definitions of Pre-Existing Environmental Conditions
Pre-Existing Environmental Conditions means any Contamination or other environmental condition on, under, about or with respect to the Treemont Facility prior to February 1, 2003, or the Katy Facility prior to July 1, 2003, or the Humble Facility prior to July 1, 2003, or the Paris Facility prior to the Acquisition Date for the Paris Facility.
Pre-Existing Environmental Conditions means existing conditions related to Hazardous Materials located on or about the Premises before the Commencement Date, as well as any condition related to Hazardous Materials which are not attributable to the acts or omissions of Tenant or Tenant's Parties (as hereinafter defined); and (v) "Regulatory Authority" means any federal, state or local governmental agency, commission, board or political subdivision, or any industry organization, which may impose liability or standards of conduct concerning public health and safety, the environment, or the Handling of Hazardous Materials.
Pre-Existing Environmental Conditions means the now closed landfill lo- cated on the Property and any and all Hazardous Substances which are on or under the Property as of the Commencement Date, whether or not such Hazardous Sub- stances resulted from the operation or maintenance of such landfill.
Pre-Existing Environmental Conditions has the meaning set forth in Section 3.18(b).
Pre-Existing Environmental Conditions shall have the meaning set forth in Section 9.2(a).
Pre-Existing Environmental Conditions means: (i) Hazardous Materials present at, or Released at or from, the Assets or any Leased Real Property, or, any other real property formerly owned or leased by the Company or any of its present or former Subsidiaries, prior to Closing; (ii) any leaching, leaking, or migrating of such Hazardous Materials, at any time (whether prior to or after Closing) and anywhere, whether or not such Hazardous Materials become commingled with other Hazardous Materials (except to the extent such leaching, leaking or migrating is knowingly caused or exacerbated by the actions or by the wrongful omissions of the Buyer, the Company, its Subsidiaries, or any third party after the Closing); (iii) any disposal prior to Closing of Hazardous Materials by the Company or any of its present or former Subsidiaries or otherwise from any of the Assets or the Leased Real Property, or any other real property formerly owned or leased by the Company or any of its present or former Subsidiaries; (iv) Environmental Conditions and claims and violations under Environmental Laws arising from or in connection with the operation of, or the failure of the Company or any of its present or former Subsidiaries to properly operate, their respective business or Assets prior to Closing; and (v) claims or violations under Environmental Laws and existing as of the Closing Date with respect to environmental matters pursuant to (A) any consent agreement, consent order or consent decree with any Governmental Authority or other Persons relating to or affecting the business or the Assets of the Company or any of its present or former Subsidiaries or (B) any order of any federal, state, or municipal court or other Governmental Authority or any administrative order of any Governmental Authority with respect to environmental matters and relating to or affecting the business or the Assets of the Company or any of its present or former Subsidiaries. For purposes of this definition, “Hazardous Materials” shall not include such quantities of any material, substance or waste or any pollutants or contaminants that are being generated, stored or handled at the Owned Real Property or the Leased Real Property in amounts reasonably required for the operation of the Business and in compliance with Environmental Law.
Pre-Existing Environmental Conditions means any: (i) violation of, breach of or non-compliance with any Environmental Laws with respect to the Premises that first existed, arose or occurred on or prior to Provider’s commencement of construction at the Premises and (ii) the presence or release of, or exposure to, any Hazardous Materials at, to, on, in, under or from the Premises that first existed, arose or occurred on or prior to Provider’s commencement of construction at the Premises.