Common use of Environmental Defects Clause in Contracts

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

Appears in 4 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Mid-Con Energy Partners, LP), Purchase and Sale Agreement (Mid-Con Energy Partners, LP)

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Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s 's Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions (i) deemed not to be Environmental Defects by application of Section 5.04(c), or (ii) relating to asbestos or NORM as described in Section 5.07.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Legacy Reserves Lp)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given AssetLease Assets, an individual environmental condition identified with specificity in Buyer’s Environmental Review by Buyer that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is locatedor contamination by a Hazardous Substance or Contaminant, excluding, however any environmental conditions deemed not to be Environmental Defects by application of this Section 5.04(c)6. For the avoidance of doubt, an Environmental Defect may apply to multiple Lease Assets.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Abraxas Petroleum Corp)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of of, or requires remediation under, Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any . Environmental Defect shall not be deemed to include an environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c)condition described on Schedule 5.19.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (NiMin Energy Corp.), Purchase and Sale Agreement (BreitBurn Energy Partners L.P.)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition condition, including any discharge, release, disposal, production, storage, treatment of Hazardous Substances, identified with specificity in Buyer’s Environmental Review that constitutes a material violation of any Governmental Authorization or other permit or license held by Seller or any Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Kodiak Oil & Gas Corp)

Environmental Defects. For purposes of this Agreement, the term "Environmental Defect” means" shall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Legacy Reserves L P), Purchase and Sale Agreement (Legacy Reserves L P)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located. Environmental Defect shall not be deemed to include an environmental condition disclosed, excludingpursuant to Seller’s electronic data room or otherwise, however any environmental conditions deemed not in writing to be Environmental Defects by application Purchaser prior to the execution of Section 5.04(c)this Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Ivanhoe Energy Inc)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however Mid: 010628\000101\905583.7 any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

Appears in 1 contract

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

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any . Environmental Defect shall not be deemed to include an environmental conditions deemed not condition disclosed in writing to be Environmental Defects by application Buyer prior to the execution of Section 5.04(c)this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Whittier Energy Corp)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual any environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of (i) constitutes, pursuant to Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excludingan actual violation of such Environmental Laws or (ii) would reasonably be expected to constitute a violation of such Environmental Laws if investigated by a Governmental Authority, however any environmental conditions deemed not to be Environmental Defects regardless of whether Seller has been so notified or investigated by application of Section 5.04(c)a Governmental Authority.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Callon Petroleum Co)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any . Environmental Defect shall not be deemed to include an environmental conditions deemed not condition disclosed in writing to be Environmental Defects by application Buyer prior to the execution of Section 5.04(c)this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Rancher Energy Corp.)

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Environmental Defects. For purposes of As used in this Agreement, the term “Environmental Defect” meansshall mean a significant occurrence(s) or circumstance(s) affecting the ownership of any Producing Property as set forth in Exhibit A, or which otherwise interferes materially with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation the operation or value of Environmental Laws in effect as one or more of the date Assets and which results in such affected use of this Agreement the Assets not having been or not being in material compliance with all applicable laws, rules, regulations and orders pertaining to health or safety of the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c)environment.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Toreador Resources Corp)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, means an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement Execution Date in the jurisdiction in which the affected Asset is Assets are located, excluding, however (i) any environmental conditions that do not exceed the threshold and deductible values in Section 5.04(c) and (ii) any environmental conditions that are listed on Schedule 5.02(a), in each case, which environmental conditions shall be deemed not to constitute Environmental Defects, but which shall nonetheless be Assumed Environmental Defects by application of Section 5.04(c)Obligations.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resolute Energy Corp)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any . Environmental Defect shall not be deemed to include an environmental conditions deemed not condition disclosed in writing to be Environmental Defects Purchaser prior to the execution of this Agreement and agreed to by application of Section 5.04(c)Purchaser.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Eagle Mountain Corp)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Storm Cat Energy CORP)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given AssetOil and Gas Interest, an individual environmental condition identified with specificity in Buyer’s Environmental Review by Buyer that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset Oil and Gas Interest is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of this Section 5.04(c)5.

Appears in 1 contract

Samples: Purchase and Sale Agreement (PetroShare Corp.)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected such Asset is located, excluding, however any located or requires remediation under an Environmental Law. Environmental Defect shall not be deemed to include an environmental conditions deemed not condition disclosed in writing to be Environmental Defects by application Buyer prior to the execution of Section 5.04(c)this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ameriwest Energy Corp.)

Environmental Defects. For purposes of this Agreement, the term “Environmental Defect” meansshall mean, with respect to any given AssetInterest, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement Effective Time in the jurisdiction in which the affected Asset such Interest is located, excluding, however any . Environmental Defect shall not be deemed to include an environmental conditions deemed not condition disclosed in writing to be Environmental Defects by application Buyer prior to the execution of Section 5.04(c)this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (EV Energy Partners, LP)

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