Pre-Existing Hazardous Substances and Third-Party Hazardous Substances
(a) The Department, to the extent permitted by Law, will pay the Developer for the Developer’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition. To the extent the Developer recovers costs from any available reimbursement program or third parties with respect to Unknown Pre- Existing Hazardous Substances or Third-Party Hazardous Substances, the Developer will pay such costs to the Department, less the Allocable Costs incurred by the Developer in seeking recovery in accordance with Section 16.01(e). The Developer will furnish to the Department documentation supporting the amount recovered from any reimbursement program or third parties and the Allocable Costs incurred by the Developer in pursuing such recovery.
(b) The Department, to the extent permitted by law, will assume responsibility for third-party claims against the Developer or any Developer Party for personal injury, damages or harm to property or business due to a sudden release of Hazardous Substances by a Person other than the Developer that first occurs on the GP Lanes and concurrently or immediately thereafter is found to be present on the Express Lanes, and all related penalties, fines and administrative or civil sanctions arising out of or related to such sudden release of Hazardous Substances, except to the extent such claims are due to the negligence, recklessness, illegal conduct or willful misconduct of the Developer or any Developer Party.
(c) At all times during the Term, the Developer will provide cost estimates with respect to such Remedial Actions which may be paid by the Department, for the Department’s review and approval of such costs prior to proceeding with any such Remedial Actions, provided, that in the case of a sudden release of any Hazardous Substances, the Developer may take all reasonable actions necessary to stabilize and contain the release without prior submission of such cost estimates.
Pre-Existing Hazardous Substances. “Pre-existing Hazardous Substances” shall mean and refer to any actionable levels (as such may change from time to time) of Hazardous Substances and/or underground storage tanks present on the Property on the Commencement Date or as set forth in the Pre-Lease Environmental Evaluation Report, excluding any Hazardous Substances brought onto the Property by Tenant or its employees, agents or invitees.
Pre-Existing Hazardous Substances. Notwithstanding anything in this Lease to the contrary, Lessee shall have no obligations or liability in connection with Hazardous Substances located on the Premises or the Hangar prior to the earlier of (i) the commencement of the term of this Lease and (ii) Lessee’s initial possession of the Premises and the Hangar.
Pre-Existing Hazardous Substances. “Pre-existing Hazardous Substances” shall mean and refer to any Hazardous Substances which are: (i) present on the Property as of the date of this Agreement; (ii) identified in the course of the Pre-Construction Environmental Evaluation and Pre-Construction Environmental Evaluation Report; and (iii) Commencement Date and discovered after the Commencement Date but which were determined to be present on the Property as of the Commencement Date; and (iv) at concentrations exceeding industrial cleanup levels applicable to the property under the Washington Model Toxics Control Act, chapter 70A.305 RCW (“MTCA”).
Pre-Existing Hazardous Substances. (a) The Department will pay, to the extent permitted by Law, the Developer for the Developer’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Substances, the presence of which constitutes a Hazardous Environmental Condition. To the extent the Developer recovers costs from any available reimbursement program or third parties with respect to Unknown Pre-Existing Hazardous Substances, the Developer will pay such costs to the Department, less the Allocable Costs incurred by the Developer in seeking recovery in accordance with Section 16.01(e). The Developer will furnish to the Department documentation supporting the amount recovered from any reimbursement program or third parties and the Allocable Costs incurred by the Developer in pursuing such recovery.
(b) At all times during the Term, the Developer will provide cost estimates with respect to such Remedial Actions which may be paid by the Department, for the Department’s review and approval prior to proceeding with any such Remedial Actions, provided, that in the case of a sudden release of any Hazardous Substances, the Developer may take all reasonable actions necessary to stabilize and contain the release without prior submission of such cost estimates.
Pre-Existing Hazardous Substances. Any Hazardous Substances existing in, on, under or about the Project as of the date on which Tenant first took possession of the Premises pursuant to the terms of the Existing Lease shall be referred to herein as the "Pre-Existing Hazardous Substances." Notwithstanding anything to the contrary contained in this Article 25, in no event shall Tenant be required to perform or pay for any Remedial Work relating to Pre-Existing Hazardous Substances in or at the Premises, except to the extent that any hazard posed by such Pre-Existing Hazardous Substances is exacerbated by, or the cost to of such Remedial Work is increased as a result of, the acts or omissions of Tenant or any Tenant Parties. Notwithstanding anything to the contrary contained in this Lease, Pre-Existing Hazardous Substances also shall include any Hazardous Substance in, on, under or about the Premises or the Project that existed thereon prior to the date Tenant first took possession of the Premises, unless the same are exacerbated by Tenant or any Tenant Parties.
Pre-Existing Hazardous Substances. The Parties acknowledge that pursuant to Section 7.09 of the Comprehensive Agreement, VDOT is responsible under the Comprehensive Agreement for costs associated with the Pre-Existing Hazardous Substances on the VDOT Existing ROW and has agreed in Section 14.03(c) of the Comprehensive Agreement that, except to the extent matters are addressed by the provisions of Section 14.03(a), to the extent permitted by Applicable Laws it shall assume responsibility for the discharge and satisfaction of liabilities and other Claims (as defined in the Comprehensive Agreement) asserted by a third party against the Concessionaire or a Concessionaire Party (as defined in the Comprehensive Agreement) for personal injury or damage or harm to its property or business due to the Pre-Existing Hazardous Substances on the VDOT Existing ROW. Concessionaire shall not be considered in breach of this Agreement in the event of the discovery of the Pre- Existing Hazardous Substances on the VDOT Existing ROW so long as it is using Commercially Reasonable Efforts to pursue its rights under the Comprehensive Agreement with respect to such Pre-Existing Hazardous Substances. The provisions of Section 12.15 hereof shall apply in the event Contractor and Concessionaire cannot agree on the amount of any claim to be made against VDOT pursuant to the Comprehensive Agreement as a consequence of the discovery of the Pre-Existing Hazardous Substance on the VDOT Existing ROW.
Pre-Existing Hazardous Substances. Notwithstanding the provisions of Section 24.2 of the Existing Lease, if any Remedial Work is required to be performed as a result of Hazardous Substances in, on or below the Premises as of the Effective Date, then, except to the extent such Remedial Work is covered by Tenant's environmental indemnity contained in the last sentence of Section 24.2.1(a) of the Existing Lease or by the provisions of Section 24.2.3 of the Existing Lease, Landlord shall perform or cause to be performed such Remedial Work, at no cost to Tenant, in compliance with Applicable Requirements.
Pre-Existing Hazardous Substances. Company’s existing facilities (which include the land on which the Work will be performed) may contain Hazardous Substances not brought to the Site or used by Contractor or its Subcontractors (“Company’s Hazardous Substances”). Should Contractor or any of its Subcontractors encounter or have reason to believe that Company’s Hazardous Substances are present while performing Work, Contractor must immediately notify Company. Contractor shall take the necessary precautions to prevent disturbing Company’s Hazardous Substances adjacent to the Work. If the Work cannot be continued without disturbing or exposing such material, Contractor shall stop Work in the immediate vicinity.
Pre-Existing Hazardous Substances. (a) The Department will reimburse, to the extent permitted by Law, the Concessionaire for the Concessionaire’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Substances, the presence of which constitutes a Hazardous Environmental Condition,. To the extent the Concessionaire recovers costs from any available reimbursement program or third parties with respect to Unknown Pre-Existing Hazardous Substances, the Concessionaire will pay such costs to the Department, less the Allocable Costs incurred by the Concessionaire in seeking recovery in accordance with Section 16.01
