Common use of Pollution Clause in Contracts

Pollution. 1. Any bodily injury, property damage, or direct physical loss or damage to any property, which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or presence of pollutants at any time at or from any premises owned by, operated by, or managed by any covered entity. 2. Loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any person or entity test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; b. Removal of any property or waste, whether or not required by order, regulation, or statute, necessary because of exposure to pollutants; or c. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. 3. The exclusion applies regardless of whether: a. The person or entity is regularly or otherwise engaged in activities which taint or degrade the environment; or b. The person or entity uses, generates or produces the pollutant. 4. The exclusion does not apply to smoke damage or injury from a hostile fire. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants include but are not limited to, that which have been recognized in industry or government to be harmful or toxic to persons, property or the environment, regardless of whether the injury, damage, or contamination is caused directly or indirectly by the pollutants.

Appears in 6 contracts

Samples: Coverage Agreement, Coverage Agreement, Coverage Agreement

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Pollution. 1. Any bodily injury, property damage, or direct physical loss or damage to any property, which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or presence of pollutants at any time at or from any premises owned by, operated by, or managed by any covered entity. 2. Loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any person or entity test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; b. Removal of any property or waste, whether or not required by order, regulation, or statute, necessary because of exposure to pollutants; or c. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of of, pollutants. 3. The exclusion applies regardless of whether: a. The person or entity is regularly or otherwise engaged in activities which taint or degrade the environment; or b. The person or entity uses, generates or produces the pollutant. 4. The exclusion does not apply to smoke damage or injury from a hostile fire. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants include but are not limited to, that which have been recognized in industry or government to be harmful or toxic to persons, property or the environment, regardless of whether the injury, damage, or contamination is caused directly or indirectly by the pollutants.

Appears in 5 contracts

Samples: Coverage Agreement, Coverage Agreement, Coverage Agreement

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