Common use of ENVIRONMENTAL RECLAMATION Clause in Contracts

ENVIRONMENTAL RECLAMATION. (a) Notwithstanding any other provision in this Agreement, Hinton shall remain liaxxx xxd Yukon Gold shall have no obligations in respect of environmental liabilities incurred or arising as a result of the state or condition of the Property prior to the effective date of this Agreement. (b) For purposes of section 5.14(a), environmental liabilities shall mean any and all damages (including but not limited to exemplary and punitive damages), losses, costs, expenses, liabilities and obligations of whatsoever kind, direct or indirect (including but not limited to fines, penalties, interest, lawyers' fees and expenses, damages for personal injury, death, property damage and economic loss, including but not limited to reduction in the value of the Property (or any other person's property)) incurred or arising as a result of the state or condition of the Property, including costs relating to the removal, treatment, storage and disposal of hazardous substances and the remediation, clean-up, restoration, abatement, reclamation or other securing or remedial action in respect of the Property (or any other person's property) under or for breach of or failure to comply with any and all environmental laws, whether statutory, in contract or in tort, including negligence and strict liability, or howsoever otherwise arising. (c) For purposes of sections 2.5(b), 3.5(c) and 5.14(b): (i) environmental laws shall mean any and all federal, provincial and local laws, statutes, rules, regulations, ordinances, bylaws, orders, permits, licences, approvals, policies and consents and the common law to the extent that any of the foregoing regulate, ascribe, provide for or pertain to liabilities or obligations in relation to the existence, use, production, manufacture, processing, distribution, production, transport, handling, storage, removal, treatment, disposal, emission, discharge, migration, seepage, leakage, spillage or release of hazardous substances or the construction, alteration, use or operation, demolition or decommissioning of any facilities or other real or personal property in relation to the foregoing or otherwise in relation to the protection of the life, health or safety of persons, or to the protection of property or the environment, including but not limited to air, soil, surface water, ground water, biota, wildlife and personal or real property; and (ii) hazardous substances shall mean any substance that: (A) when released to the natural environment is likely to cause or does cause, immediately or at some future time, material harm or degradation to the natural environment or any risk to human health and, without restricting the generality of the foregoing, includes any pollutant, contaminant, waste or hazardous waste, or any "dangerous goods", "hazardous chemical", "hazardous substance" or "hazardous waste", as may be defined by environmental laws; or (B) exhibits characteristics of flammability, corrosivity, reactivity or toxicity.

ENVIRONMENTAL RECLAMATION. (a) Notwithstanding any other provision in this Agreement, Hinton Sage shall remain liaxxx xxd Yukon Gold liable and Silver Reserve shall have no obligations in respect of environmental liabilities incurred or arising as a result of the state or condition of the Property Claims prior to the effective date of this Agreement. (b) For purposes of section 5.14(a3.10 (a), environmental liabilities shall mean any and all damages (including but not limited to exemplary and punitive damages), losses, costs, expenses, liabilities and obligations of whatsoever kind, direct or indirect (including but not limited to fines, penalties, interest, lawyers' ’ fees and expenses, damages for personal injury, death, property damage and economic loss, including but not limited to reduction in the value of the Property (or any other person's ’s property)) incurred or arising as a result of the state or condition of the PropertyClaims, including costs relating to the removal, treatment, storage and disposal of hazardous substances and the remediation, clean-up, restoration, abatement, reclamation or other securing or remedial action in respect of the Property Claims (or any other person's ’s property) under or for breach of or failure to comply with any and all environmental laws, whether statutory, in contract or in tort, including negligence and strict liability, or howsoever otherwise arising. (c) For purposes of sections 2.5(b), 3.5(c1.2 (i) and 5.14(b3.10(b): (i) environmental laws shall mean any and all federal, provincial state and local laws, statutes, rules, regulations, ordinances, bylaws, orders, permits, licences, approvals, policies and consents and the common law to the extent that any of the foregoing regulate, ascribe, provide for or pertain to liabilities or obligations in relation to the existence, use, production, manufacture, processing, distribution, production, transport, handling, storage, removal, treatment, disposal, emission, discharge, migration, seepage, leakage, spillage or release of hazardous substances or the construction, alteration, use or operation, demolition or decommissioning of any facilities or other real or personal property in relation to the foregoing or otherwise in relation to the protection of the life, health or safety of persons, or to the protection of property or the environment, including but not limited to air, soil, surface water, ground water, biota, wildlife and personal or real property; and (ii) hazardous substances shall mean any substance that: (A) when released to the natural environment is likely to cause or does cause, immediately or at some future time, material harm or degradation to the natural environment or any risk to human health and, without restricting the generality of the foregoing, includes any pollutant, contaminant, waste or hazardous waste, or any "“dangerous goods"”, "“hazardous chemical"”, "“hazardous substance" ” or "“hazardous waste"”, as may be defined by environmental laws; or (B) exhibits characteristics of flammability, corrosivity, reactivity or toxicity.

ENVIRONMENTAL RECLAMATION. (a) Notwithstanding any other provision in this Agreement, Hinton shall remain liaxxx xxd remaxx xxxble and Yukon Gold shall have no obligations in respect of environmental liabilities incurred or arising as a result of the state or condition of the Property Hinton Claims prior to the effective efxxxxxxe date of this the Hinton/Yukon Gold Agreement. (b) For purposes of section 5.14(a5.13(a), environmental liabilities shall mean any and all damages (including but not ==== limited to exemplary and punitive damages), losses, costs, expenses, liabilities and obligations of whatsoever kind, direct or indirect (including but not limited to fines, penalties, interest, lawyers' fees and expenses, damages for personal injury, death, property damage and economic loss, including but not limited to reduction in the value of the Property (or any other person's property)) incurred or arising as a result of the state or condition of the Property, including costs relating to the removal, treatment, storage and disposal of hazardous substances and the remediation, clean-up, restoration, abatement, reclamation or other securing or remedial action in respect of the Property (or any other person's property) under or for breach of or failure to comply with any and all environmental laws, whether statutory, in contract or in tort, including negligence and strict liability, or howsoever otherwise arising. (c) For purposes of sections 2.5(b), 3.5(c) and 5.14(b5.13(b): (i) environmental laws shall mean any and all federal, provincial territory and local laws, statutes, rules, regulations, ordinances, bylaws, orders, permits, licences, approvals, policies and consents and the common law to the extent that any of the foregoing regulate, ascribe, provide for or pertain to liabilities or obligations in relation to the existence, use, production, manufacture, processing, distribution, production, transport, handling, storage, removal, treatment, disposal, emission, discharge, migration, seepage, leakage, spillage or release of hazardous substances or the construction, alteration, use or operation, demolition or decommissioning of any facilities or other real or personal property in relation to the foregoing or otherwise in relation to the protection of the life, health or safety of persons, or to the protection of property or the environment, including but not limited to air, soil, surface water, ground water, biota, wildlife and personal or real property; and (ii) hazardous substances shall mean any substance that: (A) when released to the natural environment is likely to cause or does cause, immediately or at some future time, material harm or degradation to the natural environment or any risk to human health and, without restricting the generality of the foregoing, includes any pollutant, contaminant, waste or hazardous waste, or any "dangerous goods", "hazardous chemical", "hazardous substance" or "hazardous waste", as may be defined by environmental laws; or (B) exhibits characteristics of flammability, corrosivity, reactivity or toxicity.

ENVIRONMENTAL RECLAMATION. (a) Notwithstanding any other provision in this Agreement, Hinton shall remain liaxxx xxd liable and Yukon Gold shall have no haxx xx obligations in respect of environmental liabilities incurred or arising as a result of the state or condition of the Property prior to the effective date of this Agreement. (b) For purposes of section 5.14(a), environmental liabilities shall mean any and all damages (including but not limited to exemplary and punitive damages), losses, costs, expenses, liabilities and obligations of whatsoever kind, direct or indirect (including but not limited to fines, penalties, interest, lawyers' fees and expenses, damages for personal injury, death, property damage and economic loss, including but not limited to reduction in the value of the Property (or any other person's property)) incurred or arising as a result of the state or condition of the Property, including costs relating to the removal, treatment, storage and disposal of hazardous substances and the remediation, clean-up, restoration, abatement, reclamation or other securing or remedial action in respect of the Property (or any other person's property) under or for breach of or failure to comply with any and all environmental laws, whether statutory, in contract or in tort, including negligence and strict liability, or howsoever otherwise arising. (c) For purposes of sections 2.5(b), 3.5(c) and 5.14(b): (i) environmental laws shall mean any and all federal, provincial and local laws, statutes, rules, regulations, ordinances, bylaws, orders, permits, licences, approvals, policies and consents and the common law to the extent that any of the foregoing regulate, ascribe, provide for or pertain to liabilities or obligations in relation to the existence, use, production, manufacture, processing, distribution, production, transport, handling, storage, removal, treatment, disposal, emission, discharge, migration, seepage, leakage, spillage or release of hazardous substances or the construction, alteration, use or operation, demolition or decommissioning of any facilities or other real or personal property in relation to the foregoing or otherwise in relation to the protection of the life, health or safety of persons, or to the protection of property or the environment, including but not limited to air, soil, surface water, ground water, biota, wildlife and personal or real property; and (ii) hazardous substances shall mean any substance that: (A) when released to the natural environment is likely to cause or does cause, immediately or at some future time, material harm or degradation to the natural environment or any risk to human health and, without restricting the generality of the foregoing, includes any pollutant, contaminant, waste or hazardous waste, or any "dangerous goods", "hazardous chemical", "hazardous substance" or "hazardous waste", as may be defined by environmental laws; or (B) exhibits characteristics of flammability, corrosivity, reactivity or toxicity.