Adverse Environmental Conditions definition

Adverse Environmental Conditions means (1) when the ambient

Adverse Environmental Conditions means (1) when the ambient temperature is 32 degrees Fahrenheit or below in the immediate vicinity of a dog, domestic companion animal, or service animal, or there are other cold weather or precipitation-related environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, or hail that a person should reasonably know would pose an adverse risk to the health or safety of a dog, domestic companion animal, or service animal, based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur; or (2) when the ambient temperature is 90 degrees Fahrenheit or above in the immediate vicinity of a dog, domestic companion animal, or service animal, or a dog, domestic companion animal, or service animal is exposed to direct sunlight or hot pavement or any other hot surfaces that a person should reasonably know would pose an adverse risk to the health or safety of the animal, based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur.

Adverse Environmental Conditions means contaminations or conditions that would require in the aggregate $100,000 or more of out of pocket costs and expenses to remedy and that are not otherwise permanently authorized by permit or law, resulting from the existence or any discharge, release, disposal, production, storage, treatment, or any other activities on, in or from the Property, or the migration or transportation from other lands to the Property, prior to the Closing Date, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances that are subject to regulation under any laws, rules or regulations relating to the protection of health or the environment ("Environmental Laws"), including, but not limited to, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substance Control Act, the Hazardous and Solid Waste Amendments Act of 1984, the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, the Fish and Wildlife Coordination Act, the National Historic Preservation Act and the Oil Pollution Act of 1990, as well as any state and local regulation or law governing the same, similar or related matters.

Examples of Adverse Environmental Conditions in a sentence

• Except as set forth on Schedule 3.2.1, there is no suit, action or claim pending before any judicial body or arbitration panel, nor any compliance order or similar governmental action pending before a governmental authority or, to Seller’s Knowledge, threatened with respect to any portion of the Property or Seller’s ownership or operation thereof, excepting, in each case, any Adverse Environmental Conditions, the exclusive remedy of which is set out in Section 5.3.

• Prior to Closing, Buyer may review the Inspection Results for the Property and determine, based on the Inspection Results or any other information as may be available to Buyer, if any Adverse Environmental Conditions exist with respect to the Property.

• With the exception of those matters described in Annex II below, Buyer also shall be deemed to have conclusively waived any remedies under this Annex II for all Adverse Environmental Conditions not disclosed to Sellers before ten Business Days prior to the Closing Date.

• Prior to the Environmental Deadline Date, ASSIGNEE will review the inspection results for the Property and determine, based on those results and such other information as may be available to ASSIGNEE if any Adverse Environmental Conditions exist with respect to the Property.

• Buyer shall not send such a notice to Sellers: (a) except with respect to any Adverse Environmental Conditions having an Environmental Defect Value that exceeds $50,000 (the “Environmental Defect Threshold”); and (b) unless Buyer has identified Adverse Environmental Conditions having Environmental Defect Values, in the aggregate, in excess of 1% of the Adjusted Purchase Price (the “Environmental Defect Deductible”).

More Definitions of Adverse Environmental Conditions

Adverse Environmental Conditions means (i) the existence or the continuation of the existence of Environmental Contamination (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Contamination), or exposure to or release of any substance, chemical, material, pollutant, Hazardous Substance, odor or audible noise or other release or emission in, into or onto the environment at, in, by or related to the Project Site, (ii) the environmental aspect of the transportation, storage, treatment or disposal or materials in connection with the Project, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from any Governmental Authority relating to environmental matters connected with the applicable Project Site.

Adverse Environmental Conditions also shall include any such individual contamination or condition Of the Conoco Property that would require $50,000 or more of out-of-pocket costs and expenses to remedy that is only temporarily authorized by law, permit, fee agreement or other arrangement.

Adverse Environmental Conditions has the meaning specified in Section 5.6.

Adverse Environmental Conditions means (a) any violation of, breach of, or non- compliance with any Environmental Laws affecting the Premises, other than a violation, breach, or non-compliance caused by Provider, and (b) any presence or release of, or exposure to, any Hazardous Substances at, to, on, in, under, or from the Property in violation of any Environmental Law, other than the presence, release, or exposure caused by Provider.

Adverse Environmental Conditions means (a) any violation of, breach of, or non-compliance with any Environmental Laws affecting the Premises, other than a violation, breach, or non-compliance caused by AMS, and (b) any presence or release of, or exposure to, any Hazardous Substances at, to, on, in, under, or from the Property in violation of any Environmental Law, other than the presence, release, or exposure caused by AMS.

Adverse Environmental Conditions means any contamination -------------------------------- or condition that is the result of any discharge, release, disposal, production, storage or treatment on, in or below the Interests or migration to or from the Interests to any other land or body of water, wherever located, prior to the Effective Time, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances for which and to the extent that remediation is required by any laws, rules, orders, regulations, permits or judgments in effect as of the Effective Time relating to the protection of the environment ("Environmental Laws").

Adverse Environmental Conditions means any contamination or condition that is the result of any discharge, release, disposal, production, storage or treatment on, in or below the Interests or migration to or from the Interests to any other land or body of water, wherever located, prior to the Closing Date, of any wastes, pollutants, contaminants, hazardous materials or other materials or substances for which and to the extent that remediation is required by any laws, rules, orders, regulations, permits or judgments in effect as of the Effective Time EXHIBIT 10.20 relating to the protection of the environment ("Environmental Laws").