Known conditions clean-up costs, loss or defence costs arising from any pollution condition which was in existence prior to the inception of this policy and was known or should have been known to any responsible insured.
Known conditions. Purchaser hereby releases Seller from and agrees to indemnify Seller against any and all claims, demands, losses, damages, liabilities, causes of action, liens, costs and expenses (including, without limitation, attorneys’ fees and costs to the extent permitted by law), directly or indirectly related to, arising out of, or in any manner connected with, in whole or in part, (a) the presence of Hazardous Materials at the Property, any violations of Environmental Laws, and any other conditions at or relating to the Property to the extent that any of the foregoing are described in the reports and other documents identified on Schedule 5.2 hereto (the “Known Conditions”) and (b) the presence of Hazardous Materials, whether Known Conditions or Unknown Conditions (as hereinafter defined), any violations of Environmental Laws and any other conditions at or relating to the properties formerly owned by Seller and identified as “6/120A1/9A N/F Revere Hospitality, LLC”, “6/120B/16A N/F Burbank Development, LLC” and “6/1208/11 N/F Sun Oil Company” on the plan entitled “Plan of Land Now or Formerly of Global Revco Terminal, LLC (GRT), Global Petroleum, Corp. (GPC), Global South Terminal, LLC (GST), Global Revco Dock, LLC (GRD), Xxx Xxxxxxx Highway, Revere, Massachusetts”, dated November 28, 2014, prepared by Xxxxxxx & Xxxxxxx Land Surveyors, LLC (collectively, the “Former Properties”), to the extent that the presence of such Hazardous Materials is a result of the petroleum storage and terminal operations of Seller (or Seller’s predecessors in interest) at the Property or the Former Properties. Notwithstanding anything to the contrary contained in this Agreement, in the event that Seller’s reimbursable claims for Known Conditions under the Insurance Policies, including, without limitation, Zurich American Insurance Policy No. USC 7902744, or any other Agreements are not assignable, then Seller shall maintain such policies and/or Agreements in full force and effect and shall continue to pursue all such claims and pay any proceeds therefrom to Purchaser promptly upon receipt thereof.
Known conditions. Subject to the limitations set forth in this Section 6.10, Seller shall take such actions as are necessary to satisfy the Remediation and Monitoring Requirements with respect to the Known Conditions (the “Environmental Monitoring and Remediation”), following the Closing and shall be responsible for the costs thereof, but subject to the following:
Known conditions. Except as set forth on SCHEDULE 3.16, to the knowledge of Cerulean, there are no past or present events, conditions, circumstances, activities, practices, incidents, actions, omissions or plans relating to the Cerulean Real Property or the operations of the business of Cerulean or any Cerulean Subsidiary that will interfere with or prevent continued material compliance with any material Environmental Law by Cerulean or any Cerulean Subsidiary, or that will likely give rise to any Environmental Claims.
Known conditions. The term “Known Conditions” means those environmental conditions, on the PCES and ACES, identified in the TSRS. The term “Known Conditions” does not include any Army Obligations. PROPOSED
