Common use of Preexisting Damage Clause in Contracts

Preexisting Damage. The Contractor shall initiate conducting assessments for the determination of the environmental base line during the Transition Stage for Startup as provided in Article 3.4 and the Applicable Laws. Upon termination of such assessments, or no later than ninety (90) Days after the termination date of the Transition Stage for Startup, the Contractor shall submit a detailed report of the environmental base line; likewise it shall notify CNH and the Agency about the existence of any Preexisting Damage. CNH or the Agency may object to the relevant damage being effectively considered a Preexisting Damage within sixty (60) Days after receipt of any such notice. The Contractor may only be excused from its environmental liability regarding Preexisting Damages duly notified pursuant to the terms of this Article 14.4

Preexisting Damage. The Contractor shall initiate conducting assessments for the determination of the environmental base line during the Transition Stage for Startup as provided in Article 3.4 and the Applicable Laws. Upon termination of such assessments, or no later than ninety (90) Days after the termination date of the Transition Stage for Startup, the Contractor shall submit a detailed report of the environmental base line; likewise it line and shall notify CNH and the Agency about the existence of any Preexisting DamageDamage prior to the second anniversary of the Effective Date. CNH or the Agency may object to the relevant damage being effectively considered a Preexisting Damage within sixty (60) Days after receipt of any such notice. The Contractor may only be excused from its environmental liability regarding Preexisting Damages duly notified on a timely basis pursuant to the terms of this Article 14.4