Environmental Obligations or Liabilities definition
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, associated with the Assets, and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on, in or under the Assets or lands in the vicinity thereof, and any other contamination of or adverse effect upon the environment, (ii) underground injection activities and waste disposal, (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, lakes, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, lakes, ponds, or lagoons, (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, including those in a surface or mineral lease, whether an express or implied obligation, (v) all obligations, whether pursuant to an Environmental Law or a surface or mineral lease obligation, whether express or implied, for plugging, replugging and abandoning any ▇▇▇▇▇, the restoration of any well sites, tank battery sites and gas plant sites, and any other surface locations or sites, the proper removal, disposal and abandonment of any wastes or fixtures, and the proper capping and burying of all flow lines, which are included in the Assets; (vi) violation of any federal, state or local Environmental Law or land use law, or surface or mineral lease obligation, whether an express or implied obligation, and (vii) any other violation which could qualify as an Environmental Defect. Notwithstanding anything to the contrary set forth in, or implied by, this Section 1.8, "Environmental Obligations or Liabilities" does not include (i) personal injury or wrongful death occurring prior to the Effective Time or (ii) offsite waste disposal occurring prior to the Effective Time.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, associated with the Assets, whether arising before or after the Effective Time, and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on the Assets and any other contamination of or adverse effect upon the environment, (ii) underground injection activities and waste disposal, (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds, or lagoons, (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, (v) all obligations for plugging, replugging and abandoning any wells, the restoration of any well sites, tank battery sites and g▇▇ ▇▇ant sites, the proper removal, disposal and abandonment of any wastes or fixtures, and the proper capping and burying of all flow lines, which are included in the Assets; and (vi) violation of any federal, state or local environmental or land use law. Notwithstanding anything to the contrary set forth in, or implied by, this Section 1.8, "Environmental Obligations or Liabilities" does not include (i) personal injury or wrongful death occurring prior to the Closing or (ii) offsite waste disposal occurring prior to the Closing Date.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, associated with the Assets, attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on the Assets and any other contamination of or adverse effect upon the environment, (ii) underground injection activities and waste disposal, (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds, or lagoons, (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, (v) all obligations for plugging, replugging and abandoning any ▇▇▇▇▇, the restoration of any well sites, tank battery sites and gas plant sites, the proper removal, disposal and abandonment of any wastes or fixtures including without limitation the removal and disposal of old, unused and/or abandoned equipment and other personal property currently located on the lease premises, and the proper capping and burying of all flow lines, which are included in the Assets; and (vi) violation of any federal, state or local environmental or land use law. Notwithstanding anything to the contrary set forth in, or implied by, this Section 1.10.
Examples of Environmental Obligations or Liabilities in a sentence
If, in the course of conducting such investigation, Buyer discovers Environmental Obligations or Liabilities which affect the Assets, Buyer may, no later than 5:00 p.m. Central time eight (8) days prior to the Closing Date, notify Seller in writing specifying such defects, the Assets affected thereby and Buyer's good faith estimate of the net reduction in value of the Assets affected by such defects based upon the expected costs of remediation.
If, in the course of conducting such investigation, Buyer discovers that any Asset is subject to any material Environmental Obligations or Liabilities, Buyer may raise such violation as an Environmental Defect in the manner and to the extent set forth hereafter.
Except as otherwise specifically provided herein, Seller agrees to indemnify, defend and hold Buyer harmless from and against any and all Claims with respect to all liabilities and obligations or alleged or threatened liabilities and obligations caused by, related to, attributable to, or arising out of the Retained Obligations, specifically including, but not limited to, any Environmental Obligations or Liabilities arising from events that occurred prior to the Effective Time.
If, in the course of conducting such investigation, Buyer discovers significant Environmental Obligations or Liabilities which materially affect the Assets, Buyer may, no later than May 18, 1999, notify Seller in writing specifying such defects, the Assets affected thereby, and Buyer's good faith estimate of the net reduction in value of the Assets affected by such defects.
More Definitions of Environmental Obligations or Liabilities
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys’ fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, including personal injury, illness, disease, or wrongful death, associated with the Assets and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on the Assets and any other contamination of or adverse effect upon the environment; (ii) underground injection activities and waste disposal onsite; (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds or lagoons; (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements; and (v) violations of any federal, state or local environmental or land use law.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, associated with the Assets, and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on, in or under the Assets or lands in the vicinity thereof, and any other contamination of or adverse effect upon the environment, (ii) underground injection activities and waste disposal, (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, lakes, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, lakes, ponds, or lagoons, (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, including those in a surface or mineral lease, whether an express or implied obligation, (v) all obligations, whether pursuant to an Environmental Law or a surface or mineral lease obligation, whether express or implied, for plugging, replugging and abandoning any wells, the restoration of any well sites, tank battery sites and gas plant sites, and any other surface locations or sites, the proper removal, disposal and abandonment of any wastes or fixtures, and the proper capping and burying of all flow lines, which are included in the Assets; (vi) violation of any federal, state or local Environmental Law or land use law, or surface or mineral lease obligation, whether an express or implied obligation, and (vii) any other violation which could qualify as an Environmental Defect. Notwithstanding anything to the contrary set forth in, or implied by, this Section 1.8, "Environmental Obligations or Liabilities" does not include (i) personal injury or wrongful death occurring prior to the Effective Time or (ii) offsite waste disposal occurring prior to the Effective Time.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, associated with the Assets and attributable to or resulting from: () pollution or contamination of soil, groundwater or air, on the Assets and any other contamination of or adverse effect upon the environment, () underground injection activities and waste disposal, () clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds, or lagoons, () noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, () all obligations for plugging, replugging and abandoning any ▇▇▇▇▇, the restoration of any well sites, tank battery sites and gas plant sites, the proper removal, disposal and abandonment of any wastes or fixtures, and the proper capping and burying of all flow lines, which are included in the Assets; and (vi) violation of any Environmental Law.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) associated with the Assets, whether arising before or after the Effective Date, and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on the Assets and any other contamination of or adverse effect upon the environment, (ii) underground injection activities and waste disposal, (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds, or lagoons, (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, and (v) violation of any federal, state or local environmental or land use law; provided, however, that nothing in this Section 1.8 will be construed to include in the definition of Environmental Obligations or Liabilities any liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, whether arising before or after the Effective Date, and attributable to or resulting from any of the causes noted above if a finder of fact ultimately determines that such causes resulted from the gross negligence or willful misconduct of the Seller.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including reasonable attorneys' fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, including personal injury, illness, disease, or wrongful death, associated with the Assets and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on the Assets; (ii) underground injection activities and onsite waste disposal; (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds or lagoons; (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements; and/or (v) violation of any federal, state or local environmental or land use law.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including, without limitation, all attorneys' fees), fines, penalties, costs, claims, suits or damages (including, without limitation, personal injury, property and natural resource damages) of any nature, associated with the Assets, whether arising before or after the Effective Time, and attributable to or resulting from: (i) pollution or contamination of soil, groundwater or air, on, in or under the Assets and any other contamination of or adverse effect upon the environment, including without limitation such conditions caused by or related to naturally occurring radioactive materials; (ii) underground injection activities and waste disposal; (iii) clean-up responses, remedial, control or compliance costs, including the required cleanup or remediation of spills, pits, ponds, or lagoons, including any subsurface or surface pollution caused by such spills, pits, ponds, or lagoons; (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements, including those in a surface lease or mineral lease; (v) all obligations, whether pursuant to an Environmental Law or a surface or mineral lease obligation, for plugging, replugging and abandoning any ▇▇▇▇▇, the restoration of any well sites, tank battery sites and gas plant sites, and any other surface locations or sites, the proper removal, disposal and abandonment of any wastes or fixtures, and the proper capping and burying of all flow lines, which are included in the Assets; (vi) violation of any federal, state or local Environmental Law or land use law, or surface lease or mineral lease obligation; and (vii) any other violation which could qualify as an Environmental Defect.
Environmental Obligations or Liabilities means all liabilities, obligations, expenses (including without limitation, all attorney fees), fines, penalties, costs, claims, suits or damages (including natural resource damages) of any nature, including personal injury or wrongful death, associated with the assets, including: (i) pollution or contamination of soil, groundwater or air, and any other contamination of or adverse effect upon the environment, (ii) underground injection activities and waste disposal (iii) clean-up responses, remedial control or compliance costs including the required cleanup or remediation of spills, pits, ponds, or lagoons including any subsurface or surface pollution caused by such spills, pits, ponds, or lagoons, (iv) noncompliance with applicable land use, permitting, surface disturbance, licensing or notification requirements and (v) violation of any federal, state or local environmental or land use law.