Common use of Assumed Environmental Liabilities Clause in Contracts

Assumed Environmental Liabilities. If the aggregate of all Environmental Defects does not exceed the Environmental Defect Deductible, upon Closing, subject to the limitations set forth in Article 14, Buyer shall assume and pay, perform, fulfill and discharge and release Seller from all Losses relating to environmental conditions in, on or under the Assets attributable to the period of time before and after the Effective Time, including without limitation any and all liability for (i) ground water contamination, (ii) Naturally Occurring Radioactive Materials, (iii) man-made material fibers, or (iv) the obligation to plug and abandon all of the xxxxx located on the Lands and reclamation of existing well sites on the Lands (collectively, the "Assumed Environmental Liabilities"). If Buyer fails to timely deliver an Environmental Defect Notice with respect to an Asset, Buyer shall be deemed to (i) accept the environmental condition(s) in, on and under that Asset or the Assets, (ii) have waived its right to claim an Environmental Defect with respect to that particular condition in, on or under the Assets and (iii) include the particular environmental condition(s) as part of the Assumed Environmental Liabilities.

Appears in 2 contracts

Samples: Joint Operating Agreement (Petroleum Development Corp), Joint Operating Agreement (Petroleum Development Corp)

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Assumed Environmental Liabilities. If the sum of (i) the aggregate value of all Environmental Defects and (ii) the aggregate value of all Title Defects does not exceed the Environmental Defect Deductible, upon Closing, subject to the limitations set forth in Article 14, Closing Buyer shall assume and pay, perform, fulfill and discharge and release Seller from all Losses relating to environmental conditions in, on or under the Assets attributable to the period of time before and after the Effective Time, including without limitation any and all liability for (i) ground water contamination, (ii) Naturally Occurring Radioactive MaterialsNORM, (iii) man-made material fibers, or (iv) the obligation to plug and abandon all of the xxxxx located on the Lands and reclamation of existing well sites on the Lands (collectively, the "Assumed Environmental Liabilities"). If Buyer fails to timely deliver an Environmental Defect Notice with respect to an Asset, Buyer shall be deemed to (i) accept the environmental condition(s) in, on and under that Asset or the Assets, (ii) have waived its right to claim an Environmental Defect with respect to that particular condition in, on or under the Assets and (iii) include the particular environmental condition(s) as part of the Assumed Environmental Liabilities.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Exco Resources Inc), Purchase and Sale Agreement (Exco Resources Inc)

Assumed Environmental Liabilities. If the aggregate value of all Environmental Defects does not exceed the Environmental Defect Deductible, upon Closing, subject to the limitations set forth in Article 14, Closing Buyer shall assume and pay, perform, fulfill and discharge and release Seller from all Losses relating to environmental conditions in, on or under the Assets attributable to the period of time before and after the Effective Time, including without limitation any and all liability for (i) ground water contamination, (ii) Naturally Occurring Radioactive MaterialsNORM, (iii) man-made material fibers, or (iv) the obligation to plug and abandon all of the xxxxx located on the Lands and reclamation of existing well sites on the Lands (collectively, the "Assumed Environmental Liabilities"). If Buyer fails to timely deliver an Environmental Defect Notice with respect to an Asset, Buyer shall be deemed to (i) accept the environmental condition(s) in, on and under that Asset or the Assets, (ii) have waived its right to claim an Environmental Defect with respect to that particular condition in, on or under the Assets and (iii) include the particular environmental condition(s) as part of the Assumed Environmental Liabilities.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Exco Resources Inc)

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Assumed Environmental Liabilities. If the sum of (i) the aggregate value of all Environmental Defects and (ii) the aggregate value of all Title Defects less the aggregate value of all Additional Interests does not exceed the Environmental Defect DeductibleThreshold, upon Closing, subject to the limitations set forth in Article 14, Closing Buyer shall assume and pay, perform, fulfill and discharge and release Seller from all Losses relating to environmental conditions in, on or under the Assets attributable to the period of time before and after the Effective Time, including without limitation any and all liability for (i) ground water contamination, (ii) Naturally Occurring Radioactive MaterialsNORM, (iii) man-made material fibers, or (iv) the obligation to plug and abandon all of the xxxxx located on the Lands and reclamation of existing well sites on the Lands (collectively, the "Assumed Environmental Liabilities"). If Buyer fails to timely deliver an Environmental Defect Notice with respect to an Asset, Buyer shall be deemed to (i) accept the environmental condition(s) in, on and under that Asset or the Assets, (ii) have waived its right to claim an Environmental Defect with respect to that particular condition in, on or under the Assets and (iii) include the particular environmental condition(s) as part of the Assumed Environmental Liabilities.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Linn Energy, LLC)

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