PRE-EXISTING CONTAMINATION. 19.1 Anything herein to the contrary not withstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall at all times remain with Owner. “Pre-existing contamination” is any hazardous or toxic substance, material, or condition present at the project site or sites concerned which was not brought onto such site or sites by Consultant.
PRE-EXISTING CONTAMINATION. Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall at all times remain with Owner. "Pre-existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by Operator. Owner agrees to release, defend, indemnify and hold Operator harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from Operator's gross negligence or willful misconduct.
PRE-EXISTING CONTAMINATION. Notwithstanding any other provision herein, Aerojet acknowl- edges that, as of the date of this Order, Seller has played no part in the creation of any hazardous waste, pollution sources, nuisance, or chemical or industrial disposal problem, if any, which may exist at the site(s). Seller has been retained for the sole purpose of assessing any problem that may exist and in formulating a mitigation program, including certain site work; therefore Aerojet extends to Seller the equivalent protection of a response action contractor as provided for in 42 U.S.C. 9619(c)(1). Ownership of, and legal responsibility and liability for, any pre-existing contamination of real or personal property at the site(s) shall, as between Aerojet and Seller, be with Aerojet.
PRE-EXISTING CONTAMINATION. Notwithstanding any other provision of this Article 9, Airline shall not be responsible for any Toxic Materials that were on the Airport property prior to Airline’s use of the Airport except as follows:
(1) Airline shall be responsible for any such Toxic Materials to the extent that the scope, boundaries or level of contamination, or the cost of Clean-up, is increased as a result of Airline’s failure, after Airline knows, or has a reasonable basis to believe that Toxic Materials are on the Airport property or other Port property, promptly and reasonably to:
(A) notify the Port in writing of such Toxic Materials; (B) take precautionary measures to alter its operations and the activities of any Airline Representative on the Airport property in order to assure that such operations or activities do not increase such scope or cost; and
PRE-EXISTING CONTAMINATION. Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall at all times remain with Owner. "Pre- existing contamination" is any hazardous or toxic substance, material, or condition present at the Project site or sites concerned which was not brought onto such site or sites by Engineer for the exclusive benefit of Engineer. Owner shall release, defend, indemnify, and hold Engineer harmless from and against any and all liability which may in any manner arise from or be in any way directly or indirectly caused by such pre-existing contamination except if, and then only to the extent, such liability is caused by Engineer's sole negligence or willful misconduct.
PRE-EXISTING CONTAMINATION. As used herein, the term "Pre-existing Contamination" shall mean any contamination in violation of any Environmental Law which existed or occurred prior to the date hereof, or any condition, whether or not on or off site which is related to, migrated from or is associated with any such contamination.
PRE-EXISTING CONTAMINATION. Client agrees that VLS Environmental Solutions, LLC shall not be responsible or liable for pre-existing contamination at any job location.
PRE-EXISTING CONTAMINATION. Owner shall advise Contractor of any known material “pre-existing contamination.” For purposes of this section, “pre-existing contamination” means any Hazardous Materials present at the Site or Ancillary Site that were not brought to the Site or Ancillary Site by Contractor or its Subcontractors. Upon notice from Contractor, Owner shall, at Owner’s sole expense and risk, determine the appropriate action to be taken with respect to such pre-existing contamination, including, as Owner determines is necessary, arranging for the handling, storage, transportation, treatment or delivery for disposal of such pre-existing contamination. In the event Contractor executes or completes (with the concurrence of the Owner’s Representative) any required governmental forms relating to regulated activities, including any storage, treatment, transportation, handling or disposal of Hazardous Materials, Contractor shall be acting as, and be deemed to have acted as, Owner’s agent.
PRE-EXISTING CONTAMINATION. The parties intend that this Agreement not alter or affect whatever Liability or responsibility either party may have for Hazardous Substance releases, or threatened releases, that occurred prior to the Application Date ("Pre-existing Contamination") under CERCLA, MTCA, or other laws that create cleanup obligations. In order to effectuate this intent, the parties agree that this Agreement will not be construed to be an indemnification or assignment of liability for any Pre-existing Contamination. Any determination of liability or responsibility for addressing Pre-existing Contamination shall be undertaken without regard to this Agreement.
PRE-EXISTING CONTAMINATION
