Existing Environmental Conditions. Tenant acknowledges that --------------------------------- it has had the opportunity to review the Environmental Reports attached hereto as Exhibit 5.07. Tenant hereby represents that it has reviewed and is aware of the matters disclosed in the Environmental Reports. As a material consideration for Landlord's willingness to enter into this Lease, Tenant, for itself and its Affiliates, and each of their shareholders, directors, officers, employees, agents, contractors, representatives, insurers, successors and assigns hereby waives and releases Landlord and its Affiliates and each of their shareholders, directors, officers, employees, representatives, agents, contractors, representatives, insurers, successors and assigns from any and all claims, demands, liabilities, costs, expenses, causes of action and rights of action whatsoever, past, present or future, known or unknown, suspected or unsuspected, which arise out of or relate in any way to the violation of Environmental Laws or the use, storage, treatment, disposal, presence, spill, release, or discharge of Substances of Concern at, on or from the Leased Properties before the Commencement Date (collectively, the "Released Claims").
Existing Environmental Conditions. Tenant acknowledges that it --------------------------------- has had the opportunity to review the Environmental Reports attached hereto as Exhibit 5.07. Tenant hereby represents that it has reviewed and is aware of the matters disclosed in the Environmental Reports. As a material consideration for Landlord's willingness to enter into this Lease, Tenant, for itself and its Affiliates, and each of their shareholders, directors, officers, employees, agents, contractors, representatives, insurers, successors and assigns hereby waives and releases Landlord and its Affiliates and each of their shareholders, directors, officers, employees, representatives, agents, contractors, representatives, insurers, successors and assigns from any and all claims, demands, liabilities, costs, expenses, causes of action and rights of action whatsoever, past, present or future, known or unknown, suspected or unsuspected, which arise out of or relate in any way to the violation of Environmental Laws or the use, storage, treatment, disposal, presence, spill, release, or discharge of Substances of Concern at, on or from the Leased Properties before the Commencement Date (collectively, the "Released Claims"). In the event that Landlord is ordered by a governmental agency, or determines that it is in its best interest, to remedy any violation of Environmental Laws or to remove or remediate any Substances of Concern present on, under or about the Leased Properties on the Commencement Date, or spilled, released or discharged on, at or from the Leased Properties before the Commencement Date, Tenant shall immediately upon notice from Landlord take all actions, at Tenant's sole expense, to promptly complete such removal or remediation.
Existing Environmental Conditions. Prior to the execution of this Lease, Landlord has delivered to Tenant an environmental report (the “Environmental Report”) in respect of the Building commissioned by Landlord. Landlord represents to Tenant that as of the date hereof Landlord has no actual knowledge of any environmental matters affecting the Property other than those disclosed in the Environmental Report.
Existing Environmental Conditions. Notwithstanding anything contained in this Section to the contrary, neither Tenant nor its Affiliates shall have any liability to Landlord under this Section resulting from any environmental contamination or environmental conditions existing, or events occurring, or any Hazardous Substances existing or generated, at, in, on, under or in connection with the Premises prior to the Commencement Date of this Lease or any earlier occupancy of the Premises by Tenant (“Environmental Liabilities”) except to the extent Tenant exacerbates the same. Landlord shall indemnify, defend and hold harmless Tenant and its Affiliates and each of their officers, directors and employees (each an “Indemnified Party”) for all third party claims, damages, judgments, fines, costs, penalties, and interest, including attorney fees (collectively, “Damages”), incurred or suffered by an Indemnified Party to the extent that such Damages arise out of or result from any Environmental Liabilities that were not caused by or exacerbated by the Indemnified Party.
Existing Environmental Conditions. Tenant acknowledges that it has had the opportunity to review the Environmental Reports identified in Exhibit 5.07
Existing Environmental Conditions. The Parties acknowledge that there are certain Hazardous Substances on, at, or under the Property which are in excess of the Indiana Department of Environmental Management’s (“IDEM”) clean-up criteria or screening levels (“Existing Environmental Conditions”), as described in the Phase I and the Environmental Reports.
Existing Environmental Conditions. 2.1.1 Kai Tak Approach Channel (KTAC) is a semi-enclosed water body bounded by the former Kai Tak Airport runway to the west and the breakwaters of the Xxxx Xxxx Typhoon Shelter (KTTS) to the south. Waters from the northernmost of Kai Tak Nullah (KTN) requires travelling of about 3 km before reaching the outside water body of the Victoria Harbour via KTAC. The relatively long and narrow shape of KTAC together with the presence of a pair of breakwaters for KTTS at its outlet has severely constrained the water circulation in this marine channel. Water flow and its circulation within KTAC are slow and poor.
Existing Environmental Conditions. “Existing Environmental Conditions” means: (a) Preexisting Hazardous Materials (as defined in Section 1.154); (b) all archeological artifacts on, in, under or about the Premises or Property as of the Effective Date; (c) the matters described in Section 8.2(a), including in the environmental reports listed on Exhibit B; (d) all information regarding the environmental condition of the Premises and the Property provided to Tenant by any person or entity (including Landlord); and (e) such other documents or agreements regarding the environmental condition of the Premises and the Property (including agreements among some or all of Landlord, EPA, the State of California and other entities and governmental agencies that are involved in the remediation of, or that are responsible to remediate, existing contamination on or about the Premises or Property) provided to Tenant by any person or entity (including Landlord).
Existing Environmental Conditions. Existing Environmental Conditions" means: (a) the conditions listed or referenced in any of the Environmental Agreements or Environmental Reports; (b) all Hazardous Material on, in, under or about the Property, including Hazardous Material present in the indoor air, soils or groundwater, as of the Commencement Date, whether or not described in subparagraph (a) above, including any impacts that have previously emanated from or hereinafter emanate from the Superfund sites described in this Lease; (c) the matters described in section 6.5(a); (d) all information regarding the environmental condition of the Premises and the Property provided to Tenant or Guarantor by any person or entity (including Landlord) pursuant to the RFP; and (e) such other documents or agreements regarding the environmental condition of the Premises and the Property (including agreements among some or all of Landlord, the EPA, the Navy, the MEW Companies, the State of California and other entities and governmental agencies that are involved in the remediation of, or that are responsible to remediate, existing contamination on or about the Property). If any Hazardous Material is encountered, discovered or identified on, in, under or about the Premises during the Term, including in the indoor air, soils, soil vapor or groundwater, after the Commencement Date, it shall be presumptively concluded that such Hazardous Material was present at the Premises prior to the Commencement Date and that such Hazardous Material is an Existing Environmental Condition; Landlord may rebut such presumptive conclusion by proving by a preponderance of the evidence (with Landlord bearing the burden of proof) that the Hazardous Material was initially released on or after the Commencement Date. Tenant will cooperate with Landlord, at no expense to Tenant, in determining the origin of any Hazardous Materials encountered, discovered or identified on, in, under or about the Premises during the Term from and after the Commencement Date.
Existing Environmental Conditions. Landlord acknowledges that Tenant may elect to voluntarily undertake remediation of Existing Environmental Conditions in accordance with Applicable Laws notwithstanding that those conditions were caused by and are the responsibility of third parties. Tenant shall obtain all necessary permits for such work.
