Common use of Pre-Existing Site Conditions Clause in Contracts

Pre-Existing Site Conditions. Prior to the Operating Term Commencement Date, BSD shall be responsible for performing or causing to be performed, and for paying the cost of performing as a part of the Venue Budget, any and all testing required by the Voluntary Cleanup Contract (“VCC”) entered into by and between BSD and the City to be performed with respect to any (i) state historical landmarks present at, in, on or under the Venue prior to the Construction Commencement Date and (ii) any Pre-Existing Environmental Conditions in accordance with Section 9.2; provided, however, that to the extent that such testing costs are eligible for payment by the City pursuant to the terms and conditions of the Bull Street Agreement, then BSD shall, by document acceptable to City, irrevocably authorize and direct City to fund the testing under this Section 6.3 by disbursement pursuant to the Bull Street Agreement. Any such disbursements shall reduce the balance remaining available to BSD under the Bull Street Agreement.