Preexisting Hazardous Materials definition

Preexisting Hazardous Materials means Hazardous Materials that existed in, on, adjacent to, or under the Premises prior to the Commencement Date, whether such substances were within the definition of Hazardous Materials as used in this Lease as of the Commencement Date or subsequently become included within such definition. Notwithstanding anything to the contrary in the foregoing, Preexisting Hazardous Materials will not include asbestos, asbestos-containing materials, lead- based paints, or pesticides.
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Preexisting Hazardous Materials means Hazardous Materials that existed in, on, adjacent to, or under the Project Area prior to the Execution Date, whether such substances were within the definition of Hazardous Materials as used in this Agreement as of the Execution Date or subsequently become included within such definition. The term “Preexisting Hazardous Materials” shall include “Army Retained Conditions.” Notwithstanding anything to the contrary in the foregoing, Preexisting Hazardous Materials shall not include asbestos, asbestos-containing materials, lead-based paints, or pesticides.
Sample 1
Preexisting Hazardous Materials means Hazardous Materials that were present on the Parcel prior to the date of Seller's use and/or occupancy of the Parcel.
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Examples of Preexisting Hazardous Materials in a sentence

  • Promptly after receiving notice of reasonably suspected Preexisting Hazardous Materials, Owner Parties shall take reasonable measures to ensure that the Preexisting Hazardous Materials are remediated.

  • If Contractor reasonably suspects it has encountered Preexisting Hazardous Materials, Contractor shall, immediately upon recognizing the condition, have the right to stop Work in the affected area, and shall immediately notify Owner Parties of the same.

  • Tiered Pre-existing Hazardous Materials Deductible has the meaning set forth in Section 4.10.2.2.2 of the Agreement.

  • DB Contractor shall be responsible for all other costs related to Pre-existing Hazardous Materials.

  • The provisions of Section 4.10 shall apply to the O&M Work, including those provisions related to Pre-existing Hazardous Materials and Releases of Hazardous Materials.

  • Pre-existing Hazardous Materials Deductible has the meaning set forth in Section4.10.2.2.1 of the Agreement.

  • The amount of such insurance or deemed self-insurance shall be netted out before determining the amount of Extra Work Costs and Delay Costs to be charged against the Non-Discriminatory O&M Change Deductible, Pre-existing Hazardous Materials Deductible, Tiered Pre-existing Hazardous Materials Deductible, or Claim Deductible, as the case may be.

  • Costs associated with the investigation of and planning for Pre-existing Hazardous Materials prior to the completion of the Final Design.

  • Nothing in this Section 2.6 shall be deemed an assumption by Landlord of any duty to remediate any such Preexisting Hazardous Materials or Hazardous Materials, subject to the provisions of ARTICLE 18.

  • Developer’s administrative and overhead expenses arising out of or relating to Pre-existing Hazardous Materials.


More Definitions of Preexisting Hazardous Materials

Preexisting Hazardous Materials shall have the meaning set forth in Section 7.5.4 below.
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Related to Preexisting Hazardous Materials

  • Hazardous Materials means all explosive or radioactive substances or wastes and all hazardous or toxic substances, wastes or other pollutants, including petroleum or petroleum distillates, asbestos or asbestos containing materials, polychlorinated biphenyls, radon gas, infectious or medical wastes and all other substances or wastes of any nature regulated pursuant to any Environmental Law.

  • Hazardous Substances means any toxic or hazardous substances, materials, wastes, contaminants or pollutants, including asbestos, PCBs, petroleum products and byproducts, and any substances defined or listed as "hazardous substances," "hazardous materials," "hazardous wastes" or "toxic substances" (or similarly identified), regulated under or forming the basis for liability under any applicable Environmental Law.

  • Hazardous Material means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law

  • Hazardous Material Activity means any activity, event or occurrence involving a Hazardous Material, including, without limitation, the manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal, Release, threatened Release, abatement, removal, remediation, handling of or corrective or response action to any Hazardous Material.

  • Hazardous Material Law(s) means all laws, codes, ordinances, rules, regulations and other governmental restrictions and requirements issued by any federal, state, local or other governmental or quasi-governmental authority or body (or any agency, instrumentality or political subdivision thereof) pertaining to any substance or material which is regulated for reasons of health, safety or the environment and which is present or alleged to be present on or about or used in any facilities owned, leased or operated by any Credit Party, or any portion thereof including, without limitation, those relating to soil, surface, subsurface ground water conditions and the condition of the indoor and outdoor ambient air; any so-called “superfund” or “superlien” law; and any other United States federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any Hazardous Material, as now or at any time during the term of the Agreement in effect.

  • Extremely Hazardous Substance has the meaning set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

  • Hazardous Substance means any substance that is: (i) listed, classified or regulated pursuant to any Environmental Law; (ii) any petroleum product or by-product, asbestos-containing material, lead-containing paint or plumbing, polychlorinated biphenyls, radioactive materials or radon; or (iii) any other substance which is the subject of regulatory action by any Governmental Entity pursuant to any Environmental Law.

  • Hazardous Substance Activity means any activity, event, or occurrence involving a Hazardous Substance, including, without limitation, the manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal, Release, threatened Release, abatement, removal, remediation, handling of or corrective or response action to any Hazardous Substance.

  • 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.

  • Hazardous substance UST system means an UST system that contains a hazardous substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST system.

  • Hazardous Activity means the distribution, generation, handling, importing, management, manufacturing, processing, production, refinement, Release, storage, transfer, transportation, treatment or use (including any withdrawal or other use of groundwater) of Hazardous Material in, on, under, about or from any of the Facilities or any part thereof into the Environment and any other act, business, operation or thing that increases the danger, or risk of danger, or poses an unreasonable risk of harm, to persons or property on or off the Facilities.

  • Potentially hazardous food means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum. This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin. The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.

  • Geologically hazardous areas means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

  • Hazardous chemical has the meaning given in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth) and includes: prohibited carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); restricted carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); hazardous chemicals the use of which is restricted under regulation 382 of the Work Health and Safety Regulations 2011 (Cth), including polychlorinated biphenyls; Schedule 11 Hazardous Chemicals; hazardous chemicals listed in Table 14.1 of Schedule 14 of the Work Health and Safety Regulations 2011 (Cth); Schedule 15 Chemicals; and lead as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth).

  • Dangerous Substances means a substance or article described in regulation 3 of the Dangerous Substances Regulations;

  • Friable asbestos material means any material that contains more than 1% asbestos by weight and that can be crumbled, pulverized, or reduced to powder when dry, by hand pressure.

  • Dangerous Substance means any radioactive emissions and any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) which, taking into account the concentrations and quantities present and the manner in which it is being used or handled, it is reasonably foreseeable will cause harm to man or any other living organism or damage to the Environment including any controlled, special, hazardous, toxic, radioactive or dangerous waste.

  • Controlled dangerous substance means a drug, substance, or

  • Hazardous Materials Law means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto.

  • Contaminated soil means soil that meets all of the following criteria:

  • 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;

  • EPA Hazardous Substance Superfund means the Hazardous Substance Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507.

  • Hazardous Materials Activities shall have the meaning set forth in Section 3.20(b).

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

  • Hazardous Materials Laws means any laws, ordinances, regulations, rules, orders, guidelines or policies relating to the environment, health and safety, Environmental Activities, Hazardous Materials, air and water quality, waste disposal and other environmental matters.

  • Hazardous Materials Claims means any and all enforcement, clean up, removal or other governmental or regulatory actions or orders threatened, instituted or completed pursuant to any Hazardous Material Laws, together with all claims made or threatened by any third party against any portion of the Premises, Landlord or Tenant relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials.