CERCLA Clause Samples
The CERCLA clause addresses liability and responsibilities related to hazardous substance contamination under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It typically outlines which party is responsible for investigating, remediating, or bearing costs associated with environmental contamination on a property. For example, it may specify that the seller must disclose known contamination or that the buyer assumes responsibility for cleanup after closing. The core function of this clause is to allocate risk and clarify obligations regarding environmental liabilities, thereby protecting parties from unexpected cleanup costs and legal exposure.
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CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
CERCLA. Except as set forth in Schedule 4.01(m), none of the properties currently or formerly owned or operated by any Borrower or any of its Subsidiaries is listed or, to the knowledge of any Borrower, proposed for listing on the National Properties List under CERCLA (the “NPL”) or on the Comprehensive Environmental Response, Compensation and Liability Information System maintained by the U.S. Environmental Protection Agency (“CERCLIS”) or any analogous state list where such listing or proposed listing has had, or could reasonably be likely to have, a Material Adverse Effect.
CERCLA. The word "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
CERCLA. No portion of any Obligor's property has been listed, designated or identified in the National Priorities List or the CERCLA Information System both as published by the United States Environmental Protection Agency, or any similar list of sites published by any federal, state or local authority proposed for requiring clean up or remedial or corrective action under any requirements of Applicable Laws.
CERCLA. The Parties do not intend for the Reserve to be an owner, operator, manager or responsible party pursuant to CERCLA, or otherwise be liable under CERCLA, as a result of this Agreement.
CERCLA. See §8.18(a).
CERCLA. CERCLA" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may be in effect from time to time.
CERCLA. Nothing contained in this Agreement shall be deemed a waiver of the right of the Buyer to maintain a private party cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.
CERCLA. See Section 7.18.
CERCLA. See §6.15(a). Certified or certified. With respect to the financial statements of any Person, such statements as audited by a firm of independent auditors, whose report expresses the opinion, without qualification, that such financial statements present fairly, in all material respects, the financial position of such Person. CFO or CAO. See §7.4(b).