Preexisting Environmental Condition definition

Preexisting Environmental Condition means, with regard to the Facilities or Former Real Property, any Environmental Condition existing on or at the Facilities or Former Real Property prior to the Closing Date, including the subsequent migration of any Regulated Substance comprising such Preexisting Environmental Condition.
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Preexisting Environmental Condition means any Environmental Condition existing on or at any of the Business Real Property on or prior to the Closing Date, including the migration of any Regulated Substance to the extent arising out of or relating to such Preexisting Environmental Condition. Preexisting Environmental Condition does not include the presence of any Regulated Substance in any building materials that does not involve the occurrence of a Release of such Regulated Substance on or prior to the Closing Date.
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Preexisting Environmental Condition means, with regard to the Transferred Real Property or the Transferred Leased Property, any Environmental Condition that occurred on or at such properties prior to the Closing, including the subsequent migration of any Materials of Environmental Concern comprising such Preexisting Environmental Condition. “Regulated Asbestos Containing Material” means regulated asbestos containing material as defined by 40 C.F.R. § 61.141. “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, depositing, escaping, leaching, dumping, or disposing or migration of any Materials of Environmental Concern into the Environment, including the abandonment or discarding of barrels, containers and other receptacles containing any Materials of Environmental Concern. “Remedial Action” means any and all actions to (a) investigate, clean up, remediate, remove, treat, contain or in any other way address any Materials of Environmental Concern in the Environment, (b) prevent the Release or threat of Release or minimize the further Release of any Material of Environmental Concern so it does not migrate or endanger public health or welfare or the indoor or outdoor Environment, and (c) perform pre-remedial studies and investigations and post-remedial monitoring, maintenance and care. The term “Remedial Action” includes any action which constitutes a “removal”, “remedial action” or “response” as defined by Section 101 of CERCLA, 42 U.S.C. Section 9601(23), (24), and (25) and a “corrective action” as defined in RCRA, 42 U.S.C. Section 6901 et seq. “Remedial Action Required by Law” means any Remedial Action required by any injunction, order, consent order or Permit issued by a Governmental Entity having jurisdiction pursuant to applicable Environmental Law, or otherwise required to comply with any applicable Environmental Law, provided, that no Remedial Action shall be required to address any De Minimis Condition. “Responsible Contracting Officer” has the meaning assigned to it in FAR Part 42. “Retention Agreements” means the Employee Benefit Plans set forth in Schedule 11.1 under the heading “Retention Agreements.” “Security Interest” means any mortgage, deed of trust, pledge, hypothecation, security interest, encumbrance, right of first refusal, covenant, easement, right of way, title defect, charge, claim, restriction on transfer or use or other lien or encumbrance (whether arising by contract or by operation of Law). “Sellers’ Certificate” means ...
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Examples of Preexisting Environmental Condition in a sentence

  • For the avoidance of doubt, if any such Pre-existing Environmental Condition or violation of Environmental, Health and Safety Law contemplated by this Section 8.8(a) is also a breach of a representation or warranty under Article IV, then the Buyer Indemnitee(s) shall first be required to pursue recovery for such Adverse Consequences under the R&W Insurance Policy in the manner described under Section 8.2(e), above.

  • In no event shall Provider have any liability or obligation with respect to any Pre-existing Environmental Condition on, in or under the Premises, or operations or maintenance of the Premises required to comply with Environmental Laws with respect to Pre-Existing Environmental Conditions.

  • Xxxxxxxxx Xxxxx, Xxxxxxx, 25041432.12 Xxxxx County, Wisconsin) immediately prior to the Closing Date; and (ii) the Sellers agree and acknowledge that any such Pre-existing Environmental Condition shall be deemed to be the sole responsibility of the Sellers, and the Sellers shall promptly take all commercially reasonable actions at their sole expense as required by any Environmental, Health and Safety Law which regulates such Pre-existing Environmental Condition and the factual basis for such opinion.

  • The Concessionaire shall not be liable for any Pre-existing Environmental Condition and shall be solely responsible for any material adverse effects on the environment or pollution or any material harmful to health resulting from the airport after the Implementation Date of the Contract.

  • If the Inspections reveal a Pre-existing Environmental Condition, then Lessee shall notify Lessor in writing prior to the expiration of the Inspection Period, which written notice shall identify, in detail, the Pre-existing Environmental Condition and contain a copy of the Inspection report(s).

  • Glenbrook Drive, Pulaski, 25041432.12Brown County, Wisconsin) immediately prior to the Closing Date; and (ii) the Sellers agree and acknowledge that any such Pre- existing Environmental Condition shall be deemed to be the sole responsibility of the Sellers, and the Sellers shall promptly take all commercially reasonable actions at their sole expense as required by any Environmental, Health and Safety Law which regulates such Pre-existing Environmental Condition and the factual basis for such opinion.

  • Notwithstanding any other provision of the Lease to the contrary, but subject to Lessor’s obligations with respect to Pre-existing Environmental Condition, Lessee hereby represents to Lessor, upon which Lessor expressly relies, that Lessee is knowledgeable of, and Xxxxxx’s operations shall comply with, any and all Environmental Laws applicable to Lessee and its operations hereunder.

  • The remediation costs related to a Preexisting Environmental Condition or a release of Hazardous Materials not resulting from the acts, omissions, or negligence of Tenant, or Tenant’s agents, employees, servants or contractors shall be paid by Landlord and Landlord hereby reserves the right to charge other tenants of the Building or the Property for said costs as a Common Area Cost.

  • If Lessee determines in Lessee’s sole and absolute discretion that Xxxxxx will be unable to use the Premises for the uses permitted hereunder based on the result(s) of the Inspections (or that being able to use the Premises, there will be limitations which will materially affect such use) or if environmental assessment(s) reveal the presence of a Pre-existing Environmental Condition, Lessee may elect to terminate this Lease upon written notice to Lessor on or before the expiration of the Inspection Period.

  • However, Landlord shall not charge Tenant (either directly or as a Common Area Cost) and Tenant shall not incur any financial obligations for any remediation costs related to a Preexisting Environmental Condition or a release of Hazardous Materials not resulting from the acts, omissions, or negligence of Tenant, or Tenant’s agents, employees, servants or contractors.


More Definitions of Preexisting Environmental Condition

Preexisting Environmental Condition means the presence of Hazardous Materials on, in or affecting the Leased Premises, Land or Building at levels requiring remediation which predates Tenant’s taking possession of the Leased Premises, except to the extent that the presence of such Hazardous Materials result from the acts or omissions or negligence of Tenant, its agents, employees, servants, or contractors. Landlord represents to Tenant that the Building is free of asbestos. In the event that asbestos is discovered in the Building, Landlord shall promptly inform Tenant. Landlord shall promptly take all action necessary to perform abatement work, and Landlord will bear the costs of such work, which shall not be deemed a Common Area Cost. If such work is not or cannot be completed within sixty (60) days, Tenant shall have the right to terminate this Lease. All asbestos abatement work shall be performed by a contractor licensed to remove asbestos. Landlord shall take all reasonable and necessary precautions for the safety of Tenant and all persons employed in and/or visiting the Building and Landlord agrees to indemnify, save and hold the Tenant harmless from any and all liability and/or damages of asbestos-related injuries and/or arising out of the presence of asbestos in the Building or the abatement thereof.
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Preexisting Environmental Condition means any fact, event, or condition that AFC can demonstrate was occurring or in existence on or prior to the Effective Time (whether known or unknown, and whether or not identified in any Schedule to this Agreement or described in any environmental reports), which gives rise to any Liability under any Environmental and Safety Requirements, including: (a) violations of Environmental and Safety Requirements; (b) the presence of contamination or other environmental conditions at any property or facility; (c) the treatment, storage, disposal, arrangement for disposal, transportation, or release of any substance; or (d) exposure of any Person to any substance, including any asbestos-containing material.
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Preexisting Environmental Condition means any Environmental Condition existing on or at any of the Business Real Property on or prior to the Closing Date, including the migration of any Regulated Substance to the extent arising out of or relating to such Preexisting Environmental Condition. Preexisting Environmental Condition does not include the presence of any Regulated Substance in any building materials that does not involve the occurrence of a Release of such Regulated Substance on or prior to the Closing Date. “Property Taxes” shall mean real, personal and intangible ad valorem property Taxes. “Purchaser Credit Facility” shall mean that certain Sixth Amended and Restated Credit Agreement, dated as of July 28, 2016, among Middleby, as guarantor, Purchaser and certain other Subsidiaries of Middleby, as borrowers, the lenders and other parties from time to time party thereto, and Bank of America, N.A., as administrative agent, as in effect on the date of this Agreement. “Purchaser Designees” means Middleby China Corporation and Middleby Induction China. “Purchaser Environmental Condition” shall mean (1) an Environmental Condition to the extent resulting from a Release or threatened Release of a Regulated Substance at any Business Real Property, or by any Purchaser Group Member, that occurs after the Closing; (2) any material increase in the horizontal or vertical extent, concentration, or rate of migration of any Environmental Condition caused by the intentional actions of any Purchaser Group Member after the Closing or the negligent actions of any Purchaser Group Member after any Purchaser Group Member knew or should have known of the presence of such Environmental Condition; or (3) any Environmental Liabilities to the extent arising out of any violation of Environmental Law by, or the operations of, the Business or at any property owned or leased by the Business, from and after the Closing. “Purchaser Group Member” shall mean Purchaser, the Purchaser Designees and, after Closing, any Transferred Company, and their respective Subsidiaries and Affiliates and their respective directors, officers, employees, representatives, agents, attorneys and consultants and their successors and assigns. “Purchaser Material Adverse Effect” shall mean any event, change, development or effect that would reasonably be expected to be, individually or in the aggregate, materially adverse to the ability of Purchaser to consummate the Sale or materially delay the consummation of the Sale by Purchaser. “Purchas...
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Preexisting Environmental Condition means, with regard to any Station Property, any environmental condition first occurring or existing on, at or under such Station Property prior to the Effective Time, including Contamination first occurring or existing prior to the Effective Time at a Station Property or at a site other than a Station Property to or at which any of Sellers or any of their predecessors or Affiliates disposed of or arranged for the disposal of any Hazardous Material prior to the Effective Time.
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Preexisting Environmental Condition. Any condition of the Environment existing on or prior to the Closing Date relating to or arising from the presence, handling, use, treatment, storage, transport, Release or threatened Release of any Hazardous Material
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Related to Preexisting Environmental Condition

  • 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.

  • 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.

  • 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.

  • Serious Medical Condition means all of the following medical conditions:

  • Medical condition means either of the following:

  • Terminal condition means an incurable condition caused by injury, disease, or illness that according to reasonable medical judgment will produce death within six months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.

  • Abnormal Condition means any condition on the Interconnection Facilities which, determined in accordance with Good Utility Practice, is: (i) outside normal operating parameters such that facilities are operating outside their normal ratings or that reasonable operating limits have been exceeded; and (ii) could reasonably be expected to materially and adversely affect the safe and reliable operation of the Interconnection Facilities; but which, in any case, could reasonably be expected to result in an Emergency Condition. Any condition or situation that results from lack of sufficient generating capacity to meet load requirements or that results solely from economic conditions shall not, standing alone, constitute an Abnormal Condition.

  • 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:

  • 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.

  • Additional Conditions means the terms and conditions set out in the Offer Document.

  • 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.

  • Supplemental Conditions means those terms and conditions, if included in the Agreement by mutual written agreement of the Parties, which add to or modify the Agreement and are incorporated by reference as if fully set forth in the Agreement. In the case of a conflict between the Supplemental Conditions and the Agreement, the Supplemental Conditions shall prevail.

  • Pre-existing Medical Condition means any condition which:

  • Hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able:

  • Phase I Environmental Site Assessment is an assessment of the environmental condition of the Property performed in accordance with the American Society of Testing and Materials (ASTM) Standard E1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” or any successor to such ASTM Standard which is active at the time of the assessment.

  • Congenital Condition(s) means (a) any medical, physical or mental abnormalities existed at the time of or before birth, whether or not being manifested, diagnosed or known at birth; or (b) any neo-natal abnormalities developed within six (6) months of birth.

  • Complex or chronic medical condition means a physical,

  • 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

  • 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.

  • Special Condition means a condition of a Transporter's Licence or Shipper's Licence other than a Standard Condition;

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

  • 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.

  • 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.

  • Environmental Hazard means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law.

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

  • Debilitating medical condition means one or more of the following: