Common use of PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY Clause in Contracts

PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY. Feld agrees to promptly discxxxx to WPHC in writing if it becomes aware of any Pre-Existing Environmental Condition Liability. If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability. If such sources of funds are not adequate to satisfy the Pre-Existing Environmental Condition Liability, then WPHC shall make a Capital Contribution to the Company equal to one-half of the amount of the Pre-Existing Environmental Condition Liability which is then due and Feld shall make either a Develoxxxxt Deficit Payment or an Operating Deficit Payment equal to one-half of the amount of such Pre-Existing Environmental Condition Liability. This provision is solely for the benefit of the members and no other Person shall have the right to rely on or enforce this provision. A Pre-Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.

PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY. Feld agrees to promptly discxxxx disclose to WPHC in writing if it becomes aware axxxx of any Pre-Existing Environmental Condition Liability. If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability. If such sources of funds are not adequate to satisfy the Pre-Existing Environmental Condition Liability, then WPHC shall make a Capital Contribution to the Company equal to one-half of the amount of the Pre-Existing Environmental Condition Liability which is then due and Feld shall make either a Develoxxxxt Development Deficit Payment or an Operating Deficit Operatinx Xxficit Payment equal to one-half of the amount of such Pre-Existing Environmental Condition Liability. This provision is solely for the benefit of the members and no other Person shall have the right to rely on or enforce this provision. A Pre-Pre- Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.

PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY. Feld Xxxx agrees to promptly discxxxx disclose to WPHC in writing if it becomes aware of any Pre-Existing Environmental Condition Liability. If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability. If such sources of funds are not adequate to satisfy the Pre-Existing Environmental Condition Liability, then WPHC shall make a Capital Contribution to the Company equal to one-half of the amount of the Pre-Existing Environmental Condition Liability which is then due and Feld Xxxx shall make either a Develoxxxxt Development Deficit Payment or an Operating Deficit Payment equal to one-half of the amount of such Pre-Existing Environmental Condition Liability. This provision is solely for the benefit of the members and no other Person shall have the right to rely on or enforce this provision. A Pre-Pre- Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.

PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY. Feld agrees to promptly discxxxx disclose to WPHC in writing xxxxing if it becomes aware of any Pre-Existing Environmental Condition Liability. If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability. If such sources of funds are not adequate to satisfy the Pre-Existing Environmental Condition Liability, then WPHC shall make a Capital Contribution to the Company equal to one-half of the amount of the Pre-Existing Environmental Condition Liability which is then due and Feld shall make either a Develoxxxxt Development Deficit Payment or an Operating Deficit Payment equal xxxxl to one-half of the amount of such Pre-Existing Environmental Condition Liability. This provision is solely for the benefit of the members and no other Person shall have the right to rely on or enforce this provision. A Pre-Pre- Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.

PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY. Feld agrees to promptly discxxxx to WPHC in writing if it becomes aware of any Pre-Existing Environmental Condition Liability. If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability. If such sources of funds are not adequate to satisfy the Pre-Existing Environmental Condition Liability, then WPHC shall make a Capital Contribution to the Company equal to one-half of the amount of the Pre-Existing Environmental Condition Liability which is then due and Feld shall make either a Develoxxxxt Deficit Payment or an Operating Deficit Development Xxxicit Payment equal to one-half of the amount of such Pre-Existing Environmental Condition Liability. This provision is solely for the benefit of the members and no other Person shall have the right to rely on or enforce this provision. A Pre-Pre- Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.

PRE-EXISTING ENVIRONMENTAL CONDITION LIABILITY. Feld Xxxx agrees to promptly discxxxx disclose to WPHC in writing if it becomes aware of any Pre-Existing Environmental Condition Liability. If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability. If such sources of funds are not adequate to satisfy the Pre-Existing Environmental Condition Liability, then WPHC shall make a Capital Contribution to the Company equal to one-half of the amount of the Pre-Existing Environmental Condition Liability which is then due and Feld Xxxx shall make either a Develoxxxxt Development Deficit Payment or an Operating Deficit Payment equal to one-half of the amount of such Pre-Pre- Existing Environmental Condition Liability. This provision is solely for the benefit of the members and no other Person shall have the right to rely on or enforce this provision. A Pre-Pre- Existing Environmental Condition Liability shall not be satisfied from Net Operating Income.