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
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 and Third-Party Hazardous Substances
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. (a) Under the CA the Department is to 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. The DB Contractor shall prepare all necessary documentation seeking such reimbursement for submittal by the Concessionaire to the Department, and the Concessionaire shall pay over to the DB Contractor the reimbursed amounts to the extent received by the Concessionaire. To the extent the DB Contractor recovers costs from any available reimbursement program or third parties with respect to Unknown Pre-Existing Hazardous Substances, the DB Contractor will pay such amounts to the Concessionaire, less the actual costs incurred by the DB Contractor in seeking recovery in accordance with Section 16.01(e) and the Concessionaire will under the CA pay over to the Department such amounts. The DB Contractor shall prepare all necessary documentation for submittal by the Concessionaire to the Department supporting the amount recovered from any reimbursement program or third parties and the actual costs incurred by the DB Contractor in pursuing such recovery.
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. 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. 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 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.
