Prior Contamination. Nothing in this Article will be construed to make Company liable in any way for any contamination or release of Hazardous Substances, as defined herein, affecting the Airport that occurred prior to Company’s entry upon the Airport by Company or that occurred as a result of the actions of Authority or any of its employees, agents, or contractors.
Prior Contamination. Tenant hereby acknowledges that Landlord has informed Tenant that certain chlorinated volatile organic compounds may be present in the groundwater under the Project as of the date of this Lease (the “Prior Contamination”). Tenant hereby covenants for the benefit of Landlord that it will not use or store any chlorinated volatile organic compounds on the Premises or within the Project. Tenant agrees and acknowledges that: (a) except as expressly provided in this Lease, neither Landlord nor any of Landlord’s representatives have made any representations or warranties about the environmental condition of the Project or the accuracy or completeness of any environmental reports made available to Tenant regarding the Land; (ii) Tenant is sophisticated, knowledgeable and experienced in the analysis of environmental matters and that Tenant has entered into this Lease with the intention of making and relying upon its own (or its experts') investigation of the environmental condition of the Project; and (iii) Tenant is not relying upon any representations or warranties purportedly made by Landlord or anyone acting or claiming to act on Landlord’s behalf concerning the Project.
Prior Contamination. If Tenant can demonstrate to the reasonable ------------------- satisfaction of Landlord that a release of Hazardous Substances occurred on the Premises prior to the date on which Tenant took possession of the Premises and that such release was not the result of the activities of Tenant or its employees, agents, subtenants, licensees, contractors, subcontractors or invitees ("Prior Contamination"), then Landlord agrees that it shall not seek to recover from Tenant (either directly or as part of the Included Operating Costs) any costs incurred by Landlord in connection with such Prior Contamination (including any investigation, remediation and disposal costs associated therewith).
Prior Contamination. Tenant shall not be responsible for the hazardous material contamination “if any” which existed prior to commencement of the Lease Term or that is not caused by Tenant.
Prior Contamination. Tenant hereby acknowledges that Landlord has informed Tenant that certain chlorinated volatile organic compounds are present in the groundwater under the Land as of the date of this Lease (the “Prior Contamination”). Tenant hereby covenants for the benefit of Landlord that it will not use or store any chlorinated volatile organic compounds on the Premises or within the Project. Tenant agrees and acknowledges that: (i) neither Landlord nor any of Landlord’s representatives have made any representations or warranties about the environmental condition of the Land or the accuracy or completeness of any environmental reports made available to Tenant regarding the Land; (ii) it has had ample time and access to the Land, to review the environmental condition of the Land and to conduct any tests which Tenant may deem desirable in connection with this Lease; (iii) it is sophisticated, knowledgeable and experienced in the analysis of environmental matters and that Tenant has entered into this Lease with the intention of making and relying upon its own (or its experts’) investigation of the environmental condition of the Land; and (iv) Tenant is nor relying upon any representations or warranties purportedly made by Landlord or anyone acting or claiming to act on Landlord’s behalf concerning the Land.
Prior Contamination. Nothing in this Article shall be construed to make Company liable in any way for any contamination or release of Hazardous Substances (as defined below) affecting the Premises that occurs prior to the entry upon or occupancy of the Premises by Company or that occurs as a result of the actions of City or any of its employees, agents, or contractors. Company will be given copies of reports documenting the location of contamination that occurred prior to the entry upon or occupancy of the Premises by Company.
Prior Contamination. Nothing in this Article 17 shall be construed to make Company liable in any way for any contamination or release of Hazardous Substances (as defined in Article 17.8) affecting the Leased Premises that occurred prior to the execution of this Agreement by Company, as reflected in the base line inspection(s) described in Article 17.4, or that occurs as a result of the actions of the Authority or any of its employees, agents, or contractors.
