Hazardous Substances Contamination definition

Hazardous Substances Contamination means contamination (whether now existing or hereafter occurring) of the improvements, buildings, facilities, personalty, soil, groundwater, air or other elements on or of the relevant property by Hazardous Substances, or any derivatives thereof, or on or of any other property as a result of Hazardous Substances, or any derivatives thereof, generated on, emanating from or disposed of in connection with the relevant property.

Hazardous Substances Contamination means the contamination (whether presently existing or hereafter occurring) of the Improvements, facilities, soil, groundwater, surface water, air or other elements on or of the Mortgaged Property by Hazardous Substances, or the contamination of the buildings, facilities, soil, groundwater, surface water, air or other elements on or of any other property as a result of Hazardous Substances at any time (whether before or after the date of the Deed of Trust) emanating from the Mortgaged Property.

Hazardous Substances Contamination means the presence in the indoor or outdoor environment of a Hazardous Substance in concentrations or amounts that require Remediation under any Environmental Law.

Examples of Hazardous Substances Contamination in a sentence

• The Administrative Agent owes no duty of care to protect the Indemnitor or any third party from the presence of Hazardous Substances, Contamination or any other adverse condition affecting the Property nor shall the Administrative Agent be obligated to disclose to the Indemnitor or any third party any report or findings made in connection with any investigation done on behalf of the Administrative Agent, unless otherwise required by law.

• Except as disclosed in the Environmental Reports delivered to Lender prior to the date hereof, the Mortgaged Property does not contain any Hazardous Substances, and the Mortgaged Property is not affected by any Hazardous Substances Contamination.

• Lender shall be provided a copy of all environmental reports prepared after discovery of the reasonable necessity to perform Remedial Work immediately upon receipt thereof by Indemnitor, and shall be copied on all correspondence with any Governmental Authority regarding the Hazardous Substances Contamination and/or the Remedial Work.

• The Site Reviewers, provided that the Mortgaged Property is materially restored to its condition as existed prior to such Site Assessments, are further authorized to perform both above and below the ground testing for environmental damage or the presence of any Hazardous Substances Contamination on the Mortgaged Property, and such other tests on the Mortgaged Property as may be reasonably necessary to conduct the Site Assessments in the reasonable opinion of the Site Reviewers.

• Except as may be disclosed in the Environmental Reports, to Indemnitor's knowledge, no property adjoining the Mortgaged Property is or has in the past been used for the disposal, storage, treatment, processing, manufacturing or other handling of Hazardous Substances in violation of any Environmental Laws, nor, to Indemnitor's knowledge, is any other property adjoining the Mortgaged Property affected by Hazardous Substances Contamination.

• Lender shall be provided a copy of all Environmental Reports prepared after discovery of the reasonable necessity to perform Remedial Work immediately upon receipt thereof by Indemnitor, and shall be copied on all correspondence with any Governmental Authority regarding the Hazardous Substances Contamination and/or the Remedial Work.

• Except as may be disclosed in the Environmental Reports, no property adjoining the Mortgaged Property is or has ever been used for the disposal, storage, treatment, processing, manufacturing or other handling of Hazardous Substances in violation of any Environmental Laws, nor, to Indemnitor's Knowledge, is any other property adjoining the Mortgaged Property affected by Hazardous Substances Contamination.

• To Indemnitor’s current actual knowledge, no property adjoining the Mortgaged Property is or has ever been used for the disposal, storage, treatment, processing, manufacturing or other handling of Hazardous Substances, and no property adjoining the Mortgaged Property is affected by Hazardous Substances Contamination.

• Indemnitor shall contemporaneously deliver to Lender copies of all reports and filings at any time delivered to any Governmental Authority in connection with Hazardous Substances, Hazardous Substances Contamination or otherwise under any Environmental Law related to the Mortgaged Property.

• To Indemnitor's best knowledge, the Mortgaged Property is not affected by any Hazardous Substances Contamination.

More Definitions of Hazardous Substances Contamination

Hazardous Substances Contamination. The contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, surface water, air or other elements on or of the Mortgaged Property by Hazardous Substances, or the contamination of the buildings, facilities, soil, groundwater, surface water, air or other elements on or of any other property as a result of Hazardous Substances at any time, including the migration of vapors from contaminated soil or ground water into improvements (whether before or after the date of the Mortgage); provided, however, the use, storage or existence of any of the Customary Complying Substances in a manner which does not violate any Environmental Laws shall not constitute a Hazardous Substances Contamination.

Hazardous Substances Contamination means contamination (whether presently existing or hereafter occurring) of the Improvements, facilities, soil, groundwater, surface water, air or other elements on, of or under the Mortgaged Property by Hazardous Substances, or the contamination of the buildings, facilities, soil, groundwater, surface water, air or other elements on, of or under any other property as a result of Hazardous Substances at any time (whether before or after the date of the Deed of Trust) released from or emanating from the Mortgaged Property; provided, however, the term Hazardous Substances Contamination shall exclude any Hazardous Substances first released or emanating from the Mortgaged Property following (i) any foreclosure of the Mortgaged Property by Lender (or Lender's successors or assigns), (ii) an acceptance by Lender (or Lender's successors or assigns) of a deed-in-lieu of foreclosure or similar instrument, or (iii) the appointment of a receiver for the Mortgaged Property (or other action resulting in a mortgagee in possession) by Lender (or Lender's successors or assigns).