Claim of Environmental Liability definition

Claim of Environmental Liability means all claims, liabilities, obligations, judgments, penalties, expenses, losses or damages (including natural resource damages) resulting from (a) any suit, action of any kind, administrative proceeding, notice, investigation or demand asserted or threatened by any third-party (including any governmental agency or authority) arising under any Environmental Law, or (b) any Release into the environment of any Hazardous Substances.
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Claim of Environmental Liability means any and all claims, liabilities, obligations, losses or damages suffered or incurred as a result of (A) any suit, action, legal or administrative proceeding, or demand asserted or threatened by any third-party, including any governmental agency or authority, arising under any federal, state or local environmental law or regulation, (B) requirements imposed by applicable federal, state or local environmental laws and regulations, including all costs of remediation or costs otherwise incurred in complying with applicable laws and regulations, and (C) any and all judgments, courts costs, legal fees, and other costs of discovery and defense associated with (A) or (B) above. (iii) "Hazardous Material" shall mean any hazardous material, hazardous wastes, or hazardous or toxic substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section Section 9601 et seq.), the Resource Conservation and -- --- Recovery Act, as amended, (42 U.S.C. Section Section 6901 et seq.), and the -- ---
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Claim of Environmental Liability any claims or demands asserted, and any Liabilities, obligations, judgments, costs, penalties, expenses or damages known or unknown, disputed or undisputed, relating to, resulting from or arising from, directly or indirectly, any of the following matters for which any member of the GAF Group is liable or responsible: (a) any suit, action, administrative proceeding, notice, investigation or demand asserted or threatened by any third party, including any Governmental Authority, arising under or relating, directly or indirectly, to any Environmental Law; (b) requirements imposed by any Environmental Law, including costs of remediation, restoration or costs incurred in complying with Environmental Laws; or (c) personal injury, bodily injury or property damage as a result of the presence or Release of Hazardous Substances; and all investigative and defense costs related thereto whether or not reimbursable by insurance. Environmental Law: any and all statutes, ordinances, rules, regulations, orders, directives or requirements of any Governmental Authority which regulate or govern or are related to Hazardous Substances in any way.
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Examples of Claim of Environmental Liability in a sentence

  • On September 18, 2015, Ashland, Inc., ISP and IES (“Plaintiffs”) sent G-I, GAF Corporation1 and GAF BMC notice of a Claim of Environmental Liability based upon the natural resource damage assessment done by the federal agencies investigating the LCP Site and demanded indemnification under the Indemnification Agreement.

  • Without limiting the generality of the immediately preceding sentence, the Assumed Liabilities do not include any liability or obligation (i) the existence of which constitutes a breach of any representation, warranty or covenant of Seller or Parent in this Agreement, (ii) arising out of or relating to the 1996 tank explosion on the Fee Property and the matters described in Schedule 4.6, or (iii) any Claim of Environmental Liability for which Buyer is not responsible under Article IX of this Agreement.

  • Any such Claim of Environmental Liability made or asserted during the Environmental Claims Period shall survive the expiration thereof for purposes of this Article IX as if such expiration had not occurred.

  • If any such Claim of Environmental Liability relating to Shared Material is made or asserted after the expiration of the Environmental Claims Period, then as between Buyer, Seller and Parent, Buyer shall be solely responsible and liable for such claim.


More Definitions of Claim of Environmental Liability

Claim of Environmental Liability means all claims, liabilities, obligations, judgments, penalties, expenses, losses or damages (including natural resource damages) relating to the Business or the assets comprising the Business resulting from: (a) any suit, action, administrative proceeding, notice, investigation or demand asserted or threatened by any third-party (including any governmental agency or authority) arising under any Environmental Law; (b) requirements imposed by any Environmental Law, including costs of remediation or costs incurred in obtaining applicable permits or complying with any Environmental Law; or (c) the presence or release into the environment of any Hazardous Substances.
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Claim of Environmental Liability means any and all claims, liabilities, -------------------------------- obligations, judgments, penalties, expenses, losses or damages (including natural resource damages) relating to the Purchased Assets or the Business, resulting from: (a) any suit, action, administrative proceeding, notice, investigation or demand asserted or threatened by any third-party (including any governmental agency or authority) arising under any Environmental Law; (b) requirements imposed by any Environmental Law, including costs of remediation or costs incurred in obtaining applicable permits or complying with any Environmental Law; or (c) the presence or release into the environment of any Hazardous Substances, in each case where the resulting loss, claim or demand arises from or relates to conditions existing or events occurring on or prior to the Closing Date.
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Claim of Environmental Liability means any and all claims, liabilities, obligations, judgments, penalties, expenses, losses or damages relating to (a) the Purchased Assets or the Business as to liability of Buyer, Seller or Parent, (b) the Excluded Assets as to liability of Seller or Parent, and (c) in the case of both (a) and (b), (i) any suit, action, administrative proceeding, notice, investigation or demand asserted or threatened by any third-party (including any governmental agency or authority) arising under any Environmental Law, (ii) requirements imposed by any Environmental Law, including costs of remediation or costs incurred in obtaining applicable permits or complying with Environmental Law, or (iii) the presence or release into the environment of any Hazardous Substances, including worker or customer exposure thereto.
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Claim of Environmental Liability means any and all claims, liabilities, obligations, losses or damages suffered or incurred as a result of (A) any suit, action, legal or administrative proceeding, or demand asserted or threatened by any third party, including any Governmental Body, arising under any Environmental Law, (B) requirements imposed by any Environmental Laws, including all costs of remediation or costs otherwise incurred in complying with applicable Environmental Laws, and (C) any and all Judgments, courts costs, legal fees and other costs of discovery and defense associated with (A) or (B) of this Section 4.6(b)(ii).
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Claim of Environmental Liability means any and all claims, liabilities, obligations, losses or damages suffered or incurred as a result of (a) any suit, action, legal or administrative proceeding, or demand asserted or threatened by any third-party, including any governmental agency or authority, arising under any federal, state or local environmental law or regulation, (b) requirements imposed by any federal, state or local environmental laws and regulations, including all costs of remediation or costs otherwise incurred in complying with applicable laws and regulations, and (c) any and all judgments, courts costs, legal fees, and other costs of discovery and defense associated with (a) or (b) above.
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Related to Claim of Environmental Liability

  • Retained Environmental Liabilities means all Environmental Liabilities of Seller or its Affiliates arising out of or relating to operations or activities that are not primarily related to the Business, whether arising or related to the period before or after Closing.

  • Environmental Liabilities means all liabilities, monetary obligations, losses, damages, costs and expenses (including all reasonable fees, disbursements and expenses of counsel, experts, or consultants, and costs of investigation and feasibility studies), fines, penalties, sanctions, and interest incurred as a result of any claim or demand, or Remedial Action required, by any Governmental Authority or any third party, and which relate to any Environmental Action.

  • Excluded Environmental Liabilities means any and all Environmental Liabilities whether arising before, at or after the Effective Time, to the extent relating to, resulting from, or arising out of the past, present or future operation, conduct or actions of Xxxxxxx Retained Business.

  • Lender’s Environmental Liability means any and all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind or nature whatsoever (including reasonable attorneys’ fees at trial and appellate levels and experts’ fees and disbursements and expenses incurred in investigating, defending against or prosecuting any litigation, claim or proceeding) which may at any time be imposed upon, incurred by or asserted or awarded against the Administrative Agent, any Lender or any Issuer or any of such Person’s Affiliates, shareholders, directors, officers, employees, and agents in connection with or arising from:

  • Material Environmental Liabilities means Environmental Liabilities exceeding $500,000 in the aggregate.

  • Environmental Liability means any liability, contingent or otherwise (including any liability for damages, costs of environmental remediation, fines, penalties or indemnities), of the Borrower or any Subsidiary directly or indirectly resulting from or based upon (a) violation of any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment or disposal of any Hazardous Materials, (c) exposure to any Hazardous Materials, (d) the release or threatened release of any Hazardous Materials into the environment or (e) any contract, agreement or other consensual arrangement pursuant to which liability is assumed or imposed with respect to any of the foregoing.

  • Assumed Environmental Liabilities has the meaning specified in Section 7.4.

  • Environmental Liabilities and Costs means all liabilities, monetary obligations, Remedial Actions, losses, damages, punitive damages, consequential damages, treble damages, costs and expenses (including all reasonable fees, disbursements and expenses of counsel, experts, or consultants, and costs of investigation and feasibility studies), fines, penalties, sanctions, and interest incurred as a result of any claim or demand by any Governmental Authority or any third party, and which relate to any Environmental Action.

  • Pre-Closing Environmental Liabilities means any Environmental Liabilities to the extent arising out of the ownership, operation or condition of any of the Business or the Real Property on or at any time prior to the Closing Date.

  • Covered Environmental Losses means all environmental losses, damages, liabilities, claims, demands, causes of action, judgments, settlements, fines, penalties, costs and expenses (including, without limitation, costs and expenses of any Environmental Activity, court costs and reasonable attorney’s and experts’ fees) of any and every kind or character, by reason of or arising out of:

  • Environmental Loss means any loss, cost, damage, liability, deficiency, fine, penalty or expense (including, without limitation, reasonable attorneys' fees, engineering and other professional or expert fees), investigation, removal, cleanup and remedial costs (voluntarily or involuntarily incurred) and damages to, loss of the use of or decrease in value of the Equipment arising out of or related to any Adverse Environmental Condition.

  • Environmental Claim means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or directive (conditional or otherwise), by any Governmental Authority or any other Person, arising (i) pursuant to or in connection with any actual or alleged violation of any Environmental Law; (ii) in connection with any Hazardous Material or any actual or alleged Hazardous Materials Activity; or (iii) in connection with any actual or alleged damage, injury, threat or harm to health, safety, natural resources or the environment.

  • Materials of Environmental Concern any gasoline or petroleum (including crude oil or any fraction thereof) or petroleum products or any hazardous or toxic substances, materials or wastes, defined or regulated as such in or under any Environmental Law, including asbestos, polychlorinated biphenyls and urea-formaldehyde insulation.

  • Material of Environmental Concern means and includes pollutants, contaminants, hazardous wastes, and toxic, radioactive, caustic or otherwise hazardous substances, including petroleum, its derivatives, by-products and other hydrocarbons, or any substance having any constituent elements displaying any of the foregoing characteristics.

  • Environmental Action means any action, suit, demand, demand letter, claim, notice of non-compliance or violation, notice of liability or potential liability, investigation, proceeding, consent order or consent agreement relating in any way to any Environmental Law, Environmental Permit or Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment, including, without limitation, (a) by any governmental or regulatory authority for enforcement, cleanup, removal, response, remedial or other actions or damages and (b) by any governmental or regulatory authority or any third party for damages, contribution, indemnification, cost recovery, compensation or injunctive relief.

  • Environmental Contamination means the introduction or presence of Hazardous Materials at such levels, quantities or location, or of such form or character, as to constitute a violation of federal, state or local laws or regulations, and present a material risk under federal, state or local laws and regulations that the Premises will not be available or usable for the purposes contemplated by this Agreement.

  • Environmental Requirement means any Environmental Law, agreement or restriction, as the same now exists or may be changed or amended or come into effect in the future, which pertains to any Hazardous Material or the environment including ground or air or water or noise pollution or contamination, and underground or aboveground tanks.

  • Environmental Damage means any injury or damage to persons, living organisms or property (including offence to man’s senses) or any pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Adverse Environmental Condition means (i) the existence or the continuation of the existence, of an Environmental Contamination (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Contamination), of, or exposure to, any substance, chemical, material, pollutant, Hazardous Substance, odor or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any of the Equipment.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Insured Environmental Event As defined in Section 3.07(d).

  • Environmental Losses means all costs and expenses of any kind, damages, including foreseeable and unforeseeable consequential damages, fines and penalties incurred in connection with any violation of and compliance with Environmental Requirements and all losses of any kind attributable to the diminution of value, loss of use or adverse effects on marketability or use of any portion of the Premises or Property.

  • Environmental Lien means a lien in favor of any Governmental Authority for (a) any liability under Environmental, Health or Safety Requirements of Law, or (b) damages arising from, or costs incurred by such Governmental Authority in response to, a Release or threatened Release of a Contaminant into the environment.

  • Environmental Actions means any complaint, summons, citation, notice, directive, order, claim, litigation, investigation, judicial or administrative proceeding, judgment, letter, or other communication from any Governmental Authority, or any third party involving violations of Environmental Laws or releases of Hazardous Materials from (a) any assets, properties, or businesses of any Borrower or any predecessor in interest, (b) from adjoining properties or businesses, or (c) from or onto any facilities which received Hazardous Materials generated by any Borrower or any predecessor in interest.

  • Requirements of Environmental Law means all requirements imposed by any law (including for example and without limitation The Resource Conservation and Recovery Act and The Comprehensive Environmental Response, Compensation, and Liability Act), rule, regulation, or order of any federal, state or local executive, legislative, judicial, regulatory or administrative agency, board or authority in effect at the applicable time which relate to (i) noise; (ii) pollution, protection or clean-up of the air, surface water, ground water or land; (iii) solid, gaseous or liquid waste generation, treatment, storage, disposal or transportation; (iv) exposure to Hazardous Substances; (v) the safety or health of employees or (vi) regulation of the manufacture, processing, distribution in commerce, use, discharge or storage of Hazardous Substances.