Unknown Environmental Liabilities means those Environmental Liabilities that are not Known Environmental Liabilities arising out of the business or operations of any member of either Group during the period prior to the Distribution.
Unknown Environmental Liabilities means future obligations to remediate Hazardous Substances which are located on the Property prior to the Closing, whether or not such Hazardous Substance is disclosed by any of the Property Records, CBL/OP's Information or any other source prior to the Closing. Without limiting the foregoing provisions of this Article IX and notwithstanding the provisions of any Environmental Laws to the contrary, but subject to (and without waiving in any respect) the representations and warranties made by Property Owner and Contributors in Sections 7.1.11, 7.1.13 and 7.1.19 above, (i) Unknown Environmental Liabilities relating to the Property which exist on or before the Closing shall be borne solely by CBL/OP, and (ii) Property Owner and the Contributors shall be deemed to be released from all Unknown Environmental Liabilities pursuant to Section 9.5.1 above. Without limiting the foregoing, but subject to (and without waiving in any respect) the representations and warranties made by Property Owner and the Contributors in Sections 7.1.11, 7.1.13 and 7.1.19 above, CBL/OP hereby waives and agrees not to commence any action, legal proceeding, cause of action or suits in law or equity, of whatever kind or nature, including a private right of action under the federal superfund laws, 42 U.S.C. Sections 9601 et seq. or any other Environmental Laws (as such laws and statutes may be amended, supplemented or replaced from time to time), directly or indirectly, against the Released Parties in connection with Unknown Environmental Liabilities or any other claims relating to Hazardous Substances at the Property or arising under Environmental Laws with respect to the Property. /s/ KLH CBL/OP'S INITIALS
Unknown Environmental Liabilities means future obligations to remediate Hazardous Material contamination located on, or originating from the Property which occurred on or before the Closing Date, but only to the extent (a) the underlying Hazardous Material is not disclosed in Seller’s Environmental Report(s) or Buyer’s Environmental Report(s), (b) neither Seller nor Buyer has notice of such Hazardous Material as of the Closing Date, and (c) remediation or other action with respect to such Hazardous Material is then required by an applicable governmental agency under then current state or federal environmental laws or regulations and also would have been required under state or federal environmental laws or regulations existing as of the Closing Date. Neither Seller nor Buyer shall solicit the involvement of local, state or federal governmental agencies in any of the aforesaid determinations, except only to the extent required by law.
Examples of Unknown Environmental Liabilities in a sentence
Unknown Environmental Liabilities, existing up to the date of the signature of this Contract and identified by the Lessee within 360 (three hundred and sixty) days from the Date of Assumption, will fall upon accountability of the Granting Authority, limited to the requirements of the environmental agency regarding the unknown liability, under the terms of this Contract.
Subject to the terms and conditions set forth herein, the Purchaser shall, and shall cause each of the Purchaser Indemnified Parties to, use reasonable endeavours to mitigate any Losses for Known Environmental Liabilities and Unknown Environmental Liabilities with respect to which it may be entitled to seek indemnification pursuant to this Clause 10.
More Definitions of Unknown Environmental Liabilities
Unknown Environmental Liabilities means future obligations to remediate Hazardous Substances which are located on the Properties prior to the Closing, whether or not such Hazardous Substance is disclosed by any of the Books and Records, or any other source prior to the Closing. Without limiting the foregoing provisions of this Section 4.6 and notwithstanding the provisions of any Environmental Laws to the contrary, but without limiting Seller's representations and warranties set forth in Section 4.7, Unknown Environmental Liabilities relating to the Properties which exist on or before the Closing shall be borne solely by Buyer and Seller shall be deemed to be released from all Unknown Environmental Liabilities pursuant to Section 4.6(h) above.
Unknown Environmental Liabilities means any --------------------------------- and all Liabilities arising out of or related to subsections (i) or (iii) of the Retained Environmental Liabilities definition, first occurring at the Real Property prior to the Closing Date where such environmental condition or violation of Environmental Law (i) was not disclosed in (A) any item marked with an asterisk (*) on Section 2.14 of the Disclosure Schedule or (B) the Retained Environmental Liability Schedule; and (ii) was not otherwise within the Knowledge of the Seller prior to the Closing Date (provided, however, to the extent that the applicable Seller, Subsidiary or Owner lacked actual knowledge of such environmental condition or violation of Environmental Law by reason of its failure to have made reasonable inquiry during its ownership or operation of the Business or the Acquired Assets prior to Closing, the Liability is not an Unknown Environmental Liability).
Unknown Environmental Liabilities means future obligations to remediate Hazardous Material contamination located on, or originating from the Property which occurred on or before the Closing Date, but only to the extent (a) neither Seller nor Buyer has notice of such Hazardous Material as of the Closing Date, and (b remediation or other action with respect to such Hazardous Material is then required by an applicable governmental agency under then current state or federal environmental laws or regulations and also would have been required under state or federal environmental laws or regulations existing as of the Closing Date. Neither Seller nor Buyer shall solicit the involvement of local, state or federal governmental agencies in any of the aforesaid determinations, except only to the extent required by law.
Unknown Environmental Liabilities means those Assumed Environmental Liabilities that were not (a) disclosed on Schedule 2.14, (b) disclosed in the materials made available to the Purchaser in the Data Room or (c) disclosed in any Phase I Environmental Site Assessment obtained by the Purchaser prior to Closing.
Unknown Environmental Liabilities shall have the meaning set forth in Section 13.4(c)(i).
Unknown Environmental Liabilities means Environmental Liabilities that arise (i) following the Closing under Environmental Laws out of a physical condition existing prior to Closing and arising out of the operation or conduct of the Business prior to the Closing and (ii) are not Known Environmental Liabilities. SECTION 9.06.
Unknown Environmental Liabilities means future obligations to remediate Hazardous Material located on the Property on or before the Closing Date, but only to the extent such Hazardous Material is not disclosed in Seller's Environmental Report(s), Buyer's Environmental Report(s), or which Buyer otherwise has notice of as of the Closing Date, and only to the extent the presence of such Hazardous Material violates applicable state and federal environmental laws and regulations as they exist as of the Closing Date.