ENVIRONMENTAL LIABILITY BASELINE Sample Clauses
ENVIRONMENTAL LIABILITY BASELINE. (1) The Sublessee assumes financial responsibility to the Borough for any Contamination in, on, and under the Sublease Premises and any Affected Property, except for Contamination that is identified in an Environmental Liability Baseline. This is without prejudice to the Sublessee's right to seek contribution or indemnity from either prior Sublessees of the Sublease Premises and Affected Property, or other potentially responsible parties except for the Borough.
(2) The procedures for establishing an Environmental Liability Baseline shall be as follows:
(a) If the Sublessee wants to establish an Environmental Liability Baseline for all or any portion of the Sublease Premises, the Sublessee shall provide the Borough with an Environmental Assessment for that portion of the Sublease Premises. The Environmental Assessment shall be performed according to standard industry procedures.
(b) If the Sublessee discovers Contamination in, on, or under the surface of the Sublease Premises, for any portion of the Contamination to be considered for inclusion in the Environmental Liability Baseline, the Sublessee must demonstrate by clear and convincing evidence to the satisfaction of the Borough that the Contamination proposed for inclusion was not caused or Materially Contributed To by the Sublessee or the Sublessee's operations or activities nor assumed by the Sublessee by reason of assignment. In light of the Sublessee's responsibility under Article VIII, Operations, (C) Sublessee's Control and Responsibility, of this Sublease for the acts of its sub-sublessees, contractors, and guests on the Sublease Premises, Contamination caused or Materially Contributed To by activities of the Sublessee's sub-sublessees, contractors, and guests on the Sublease Premises are deemed to be Materially Contributed To by the Sublessee.
(c) Only that portion of Contamination not caused or Materially Contributed To by the Sublessee or the Sublessee's operations or activities, nor assumed by the Sublessee by reason of assignment, shall be included in the Environmental Liability Baseline.
(3) The procedures for adding to an existing Environmental Liability Baseline shall be as follows:
(a) If, after an Environmental Liability Baseline is established for any portion of the Sublease Premises, the Sublessee discovers Contamination in, on, or under the surface of that portion of the Sublease Premises having an Environmental Liability Baseline, which Contamination the Sublessee or the Sublessee's ...
ENVIRONMENTAL LIABILITY BASELINE. Lessee is conclusively presumed to have caused or to have Materially Contributed To any Contamination of, or originating on, the Leasehold. Lessee may establish an Environmental Liability Baseline that will serve as a benchmark for the condition of the Leasehold as of the effective date of the lease and as a reference for the Clearance Assessment in Subsection I, below. Lessee will not be presumed to have caused or to have Materially Contributed To any Contamination of, or originating on, the Leasehold identified in the Environmental Liability Baseline. Lessee is responsible for the acts or omissions of its employees, agents, invitees, sublessees, contractors and guests on the Leasehold, and Contamination caused or Materially Contributed To by activities of the Lessee's employees, agents, invitees, sublessees, contractors and guests on the Leasehold are deemed to be caused by or Materially Contributed To by the Lessee. Lessee shall be solely responsible for any and all costs associated with conducting the Environmental Assessment and/or establishment of the Environmental Liability Baseline.
ENVIRONMENTAL LIABILITY BASELINE. A description, accepted by the Lessor and documented by one or more Environmental Assessments and any other relevant documents, of the existence, location, level, and extent of Contamination in, on, or under the surface of the Premises that was neither caused nor Materially Contributed To by the Lessee, nor assumed by the Lessee by reason of assignment.