Recognized Environmental Condition definition

Recognized Environmental Condition has the meaning set forth in ASTM E-1527-13.

Recognized Environmental Condition means the presence or likely presence of any regulated substance or pesticide under conditions that indicate a release, threatened release or suspected release of any regulated substance or pesticide at, on, to or from a remediation site into structures, surface water, sediments, groundwater, soil, fill or geologic materials. The term shall not include de minimis conditions that do not present a threat to human health or the environment.

Recognized Environmental Condition or “REC” means (a) any condition identified as a recognized environmental condition, or any asbestos identified as friable or damaged and requiring abatement to comply with applicable legal requirements, in any Phase I Environmental Assessment (or any updates thereto made in accordance with Section 5.19(a)) or (b) any condition, discovered or identified in the course of performance of Environmental Activities hereunder in connection with any Phase I Environmental Assessment (or any updates thereto made in accordance with Section 5.19(a)), that falls within the definition of “recognized environmental condition” set forth in the American Society for Testing and Materials Standard E1527 05 as of the Closing Date for which investigation or remediation is required by applicable Environmental Law for the continued use of the real property for industrial or commercial purposes only.

Examples of Recognized Environmental Condition in a sentence

• If during the performance of the Work TxDOT discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, TxDOT shall promptly notify DB Contractor in writing of such fact.

• Should the Aviation Department determine that such a demonstration has not been made to Aviation Department’s satisfaction, Lessee may invoke the dispute resolution provision of 8.16 Until such time as the parties reach an agreement or until such time as the dispute is otherwise resolved, responsibility for such Recognized Environmental Condition shall remain with Lessee.

• Lessee shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized or accessed by Lessee in any manner whatsoever, that was caused by Lessee or any of Lessee's Parties, or caused by any trespasser on the Premises at any time that Lessee was in possession of the Premises.

• Concessionaire shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, or accessed by Concessionaire in any manner whatsoever, that was caused by Concessionaire or any of Concessionaire's Parties, or caused by any trespasser on the Premises at any time that Concessionaire was in possession of the Premises.

• Contractor shall at all times be responsible for any Recognized Environmental Condition and any release, discharge, or disposal of any Material at the Premises or upon any other Airport property occupied, utilized, or accessed by Contractor in any manner whatsoever, that was caused by Contractor or any of Contractor's Parties, or caused by any trespasser on the Premises at any time that Contractor was in possession of the Premises.

More Definitions of Recognized Environmental Condition

Recognized Environmental Condition means the presence or likely presence of a hazardous material at a property:

Recognized Environmental Condition means the presence of any Hazardous Materials at, on, in, or under the Land or the Project Improvements located thereon.

Recognized Environmental Condition has the meaning set forth in Section 5.17(b).

Recognized Environmental Condition means the presence of any hazardous substances or petroleum products on the land covered by a Lease under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the ground, ground water, or surface water of the land covered by a Lease, but shall not include de minimis conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental authorities.

Recognized Environmental Condition or “REC” means (a) any condition identified as a recognized environmental condition, or any asbestos identified as friable or damaged and requiring abatement to comply with applicable legal requirements, in any Phase I Environmental Assessment (or any updates thereto made in accordance with Section 5.19(a)) or (b) any condition, discovered or identified in the course of performance of Environmental Activities hereunder in connection with any Phase I Environmental Assessment (or any updates thereto made in accordance with Section 5.19(a)), that falls within the definition of “recognized environmental condition” set forth in the American Society for Testing and Materials Standard E1527 05 as of the applicable Closing Date for which investigation or remediation is required by applicable Environmental Law for the continued use of the real property for industrial or commercial purposes only.

Recognized Environmental Condition means the presence, or likely presence, of any regulated substances in, on, or at a property due to a release to the environment; conditions indicative of a release to the environment; or under conditions that pose a threat of a future release to the environment.

Recognized Environmental Condition shall have the meaning set forth in ASTM E 1527-05, Section 1.1.1, as such provision may be amended or superseded from time to time.