Pre-Existing Environmental Contamination definition

Pre-Existing Environmental Contamination means any Hazardous Substance which can be shown:
Sample 1

Examples of Pre-Existing Environmental Contamination in a sentence

  • In the event the presence of the Pre-Existing Environmental Contamination (as that term is defined herein) causes Developer to incur incremental environmental costs to maintain code compliance, indemnification for such incremental environmental costs will be governed by Section 6.01 herein.

  • Notwithstanding the foregoing, Developer's indemnification obligations shall not be applicable to Developer's discovery of any Pre-Existing Environmental Contamination or any required reporting to a governmental agency of such discovery.

  • The foregoing releases shall not apply to (a) Pre-Existing Environmental Contamination (as defined below), (b) the migration of Hazardous Materials (as defined below) onto the Premises from outside the Premises, or (c) any Hazardous Materials brought onto the Premises during the term of this Lease by the District or any third party acting on behalf of the District.

  • Notwithstanding the foregoing, this indemnity will not apply to Claims arising solely from (a) Pre-Existing Environmental Contamination, (b) the migration of any Hazardous Materials onto the Property from outside the Premises or the Property, or (c) any Hazardous Materials brought onto the Property during the term of this Lease by the District or any third party acting on behalf of the District.

  • Except for any violation of Environmental Laws that relates to the migration of Hazardous Materials from outside of the Premises or any Remediation as a result thereof, or any Release of Hazardous Materials to the extent caused by the District or any of its agents, contractors, employees, representatives, invitees or any third party, or any Pre-Existing Environmental Contamination, Tenant at its sole expense shall Remediate the impacted areas to all applicable regulatory standards.

  • The District shall defend, indemnify and hold Tenant and the Tenant Parties harmless from and against any Claims to the extent arising out of (a) Pre-Existing Environmental Contamination, or (b) any Hazardous Materials brought onto the Premises during the term of this Lease by the District or any third party acting on behalf of the District.

  • In the event the presence of the Pre-Existing Environmental Contamination causes Developer to incur incremental environmental costs to maintain code compliance, indemnification for such incremental environmental costs will be governed by Section 6.01 herein.

  • Additionally, the term Pre-Existing Environmental Contamination shall include contamination existing in the outdoor environment as of the Closing Date which migrates or spreads to another location after the Closing Date.

  • Notwithstanding the foregoing, Developer's indemnification obligations shall not be applicable to Developer's discovery of or the existence of any Pre-Existing Environmental Contamination (defined below) or any required reporting to a governmental agency of such discovery.

Related to Pre-Existing Environmental Contamination

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

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

  • Adverse Environmental Condition means (i) the existence or the continuation of the existence, of an Environmental Contamination (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Contamination), of, or exposure to, any substance, chemical, material, pollutant, Hazardous Substance, odor or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any of the Equipment.

  • Material of Environmental Concern means and includes pollutants, contaminants, hazardous wastes, and toxic, radioactive, caustic or otherwise hazardous substances, including petroleum, its derivatives, by-products and other hydrocarbons, or any substance having any constituent elements displaying any of the foregoing characteristics.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

  • Materials of Environmental Concern any gasoline or petroleum (including crude oil or any fraction thereof) or petroleum products or any hazardous or toxic substances, materials or wastes, defined or regulated as such in or under any Environmental Law, including asbestos, polychlorinated biphenyls and urea-formaldehyde insulation.

  • Operating Environment means, collectively, the platform, environment and conditions on, in or under which the Software is intended to be installed and operate, as set forth in the Statement of Work, including such structural, functional and other features, conditions and components as hardware, operating software and system architecture and configuration.

  • 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;

  • Environmental Problem Property A Mortgaged Property or REO Property that is in violation of any environmental law, rule or regulation.

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

  • Insured Environmental Event As defined in Section 3.07(d).

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Covered Environmental Losses means all environmental losses, damages, liabilities, claims, demands, causes of action, judgments, settlements, fines, penalties, costs and expenses (including, without limitation, costs and expenses of any Environmental Activity, court costs and reasonable attorney’s and experts’ fees) of any and every kind or character, by reason of or arising out of:

  • Assumed Environmental Liabilities has the meaning specified in Section 7.4.

  • Material Environmental Liabilities means Environmental Liabilities exceeding $500,000 in the aggregate.

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Excluded Environmental Liabilities means any and all Environmental Liabilities whether arising before, at or after the Effective Time, to the extent relating to, resulting from, or arising out of the past, present or future operation, conduct or actions of Xxxxxxx Retained Business.

  • Phase I Environmental Assessment A “Phase I assessment” as described in, and meeting the criteria of, the ASTM, plus a radon and asbestos inspection.

  • Environmental Harm means serious or material environmental harm or environmental nuisance as defined in the Environmental Protection Xxx 0000 (Qld);

  • Processes with Significant Environmental Aspects means the Equipment which, during regular operation or if not properly operated or maintained, may cause or are likely to cause an adverse effect.

  • Lender’s Environmental Liability means any and all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind or nature whatsoever (including reasonable attorneys’ fees at trial and appellate levels and experts’ fees and disbursements and expenses incurred in investigating, defending against or prosecuting any litigation, claim or proceeding) which may at any time be imposed upon, incurred by or asserted or awarded against the Administrative Agent, any Lender or any Issuer or any of such Person’s Affiliates, shareholders, directors, officers, employees, and agents in connection with or arising from:

  • Phase I Environmental Report means a report by an Independent Person who regularly conducts environmental site assessments in accordance with then current standards imposed by institutional commercial mortgage lenders and who has a reasonable amount of experience conducting such assessments.