Incremental Environmental Costs definition

Incremental Environmental Costs shall have the meaning set forth in Section 14.7.1.
Incremental Environmental Costs means the costs and expenses incurred in investigating, testing, designating, handling, transporting, disposing of, or otherwise managing any Pre-existing Hazardous Substances on the Property in accordance with the Work Plan, to the extent those costs and expenses exceed the costs and expenses, including, but not limited to, costs and expenses for development and construction of the Project, that would have been incurred had Pre-existing Hazardous Substances not been present, and any fines, fees, or penalties, or similar costs assessed by any Authority as a result of the presence of Pre-existing Hazardous Substances on, or migration of Pre-existing Hazardous Substances from, the Property; provided, however, the Port shall not be responsible for (i) the cost of any investigation and/or testing performed and reports prepared by or for Tenant, including but not limited to the Pre-Lease Environmental Evaluation Report, the Environmental Construction Field Data Report and the Environmental Construction Support Work Plan; or (ii) any costs or expenses associated with the excavating, investigating, testing, handling, transporting, disposing or management of the soil or other materials on the Property, except to the extent that such costs are required or increased, due to the presence of any Pre-existing Hazardous Substances within the soil or other materials.
Incremental Environmental Costs means, collectively, those development, construction, remediation, management, mitigation and/or operating costs (or applicable portions thereof) incurred by the Tenant with respect to the Project, in each case that are incurred as a result of the existence of the Landlord Contaminants and/or the RMM and provided that such costs have been incurred by the Tenant in a commercially reasonable manner,, and in accordance with generally accepted engineering and environmental practices (including any costs that arise by reason of a change in laws that requires remediation, management and/or mitigation related to the Landlord Contaminants and/or the RMM). For greater certainty, Incremental Environmental Costs does not include costs that would have been incurred by the Tenant to manage, develop, construct or operate the Project had there been no Landlord Contaminants.

Examples of Incremental Environmental Costs in a sentence

  • The Port shall be responsible for the Incremental Environmental Costs for Required Management of Pre-existing Hazardous Substances identified in the Pre-Lease Environmental Condition Report.

  • The primary purpose of the Work Plan is to ensure the proper management of Hazardous Substances and to ensure that the Port is paying only those Incremental Environmental Costs for which it is responsible under Section 7.12 of the Ground Lease.

  • PDC agrees to use reasonable efforts to assure that development of the Property will occur in a manner that minimizes the need for the City to incur Remediation Costs (including negotiating that a transferee of PDC incur all but Incremental Environmental Costs with respect to the development of a Parcel), that remediation efforts will be undertaken in a cost effective manner, and that the risk of claims regarding the Environmental Condition of the Property will be minimized.

  • Further, a Memorandum of Agreement for Incremental Environmental Costs on Mission Bay Affordable Housing Sites (“MOA”) between OCII and the Master Developer and executed November 19, 2001, describes in more detail the methods by which incremental costs will be calculated and reimbursed by the Master Developer.

  • The Port shall be responsible for the Incremental Environmental Costs for Required Management of Pre-existing Hazardous Substances identified in the Pre-Lease Environmental Condition or during Tenant's initial construction.

  • The Tenant shall, throughout the Term, be entitled to reimbursement by the Landlord for all Incremental Environmental Costs incurred by the Tenant (including, for greater certainty, any such costs incurred by the Tenant in carrying out its obligations with respect to maintenance and repair except to the extent the Tenant is negligent in carrying out such obligations).


More Definitions of Incremental Environmental Costs

Incremental Environmental Costs mean the incremental environmental costs of development of a Parcel in excess of what would have been necessary if the Parcel were to be developed starting from a clean condition, including but not limited to additional haul costs, disposal costs, soil handling, worker protection, dewatering, and other costs attributed to and necessary to meet soil disposal and cleanup requirements as may be required by the DEQ..
Incremental Environmental Costs means the costs and expenses incurred in investigating, testing, designating, handling, transporting, disposing of, or otherwise managing any Pre-existing Hazardous Substances on the Property in accordance with the Work Plan, to the extent those costs and expenses exceed the costs and expenses, including, but not limited to, costs and expenses for development and construction of the Project, that would have been incurred had Pre-existing Hazardous Substances not been present, and any fines, fees, or penalties, or similar costs assessed by any Authority as a result of the presence of Pre-existing Hazardous Substances on, or migration of Pre-existing Hazardous Substances from, the Property; provided, however, the Port shall not be responsible for (i) the cost of any investigation and/or testing performed and reports prepared for Tenant prior to the Commencement Date; or (ii) any costs or expenses associated with the excavating, investigating, testing, handling, transporting, disposing or management of the soil or other materials on the Property, except to the extent that such costs are required or increased, due to the presence of any Pre-existing Hazardous Substances within the soil or other materials.

Related to Incremental Environmental Costs

  • Environmental Costs any and all costs or expenses (including attorney’s and consultant’s fees, investigation and laboratory fees, response costs, court costs and litigation expenses, fines, penalties, damages, settlement payments, judgments and awards), of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way relating to, any actual or alleged violation of, noncompliance with or liability under any Environmental Laws. Environmental Costs include any and all of the foregoing, without regard to whether they arise out of or are related to any past, pending or threatened proceeding of any kind.

  • Initial Environmental Examination or “IEE” means an initial environmental examination for a Subproject, including any update thereto, prepared and submitted by the Borrower pursuant to the requirements set forth in the EARF and cleared by ADB;

  • Incremental Costs means all reasonable additional costs properly and reasonably incurred by Network Rail in respect of any modification referred to in paragraph 2.8, being the additional reasonable costs (if any) to Network Rail in respect of its obligation to maintain and operate the Network, but excluding:

  • Cleanup costs means expenses (including but not limited to legal and professional fees) incurred in testing for, monitoring, cleaning up, removing, containing, treating, neutralizing, detoxifying or assessing the effects of Pollutants.

  • 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:

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

  • 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:

  • Environmental Costs and Liabilities means any and all losses, liabilities, obligations, damages, fines, penalties, judgments, actions, claims, costs and expenses (including, without limitation, fees, disbursements and expenses of legal counsel, experts, engineers and consultants and the costs of investigation and feasibility studies and remedial activities) arising from or under any Environmental Law or order or contract with any Governmental Authority or any other Person.

  • Material Environmental Amount an amount payable by the Borrower and/or its Subsidiaries in excess of $5,000,000 for remedial costs, compliance costs, compensatory damages, punitive damages, fines, penalties or any combination thereof.

  • 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.

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

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

  • Phase I Environmental Assessment A “Phase I assessment” as described in, and meeting the criteria of, the ASTM, plus a radon and asbestos inspection.

  • Incremental cost means all costs that could be avoided in the medium term if a Segment was removed from the Network;

  • Pre-Closing Environmental Liabilities means all environmental conditions at or arising from operations at the Owned Real Property at any time prior to the Closing Date, irrespective of the date of its discovery, including arising as a result of the presence or any Release of any Hazardous Substance on, at, under or migrating onto or from the Owned Real Property, including any environmental conditions on, at, under or migrating onto or from the Owned Real Property in Schedule 1.1(3).

  • Environmental Compliance Reserve means any reserve which the Agent establishes in its reasonable discretion after prior written notice to the Borrower from time to time for amounts that are reasonably likely to be expended by the Borrower in order for the Borrower and its operations and property (a) to comply with any notice from a Governmental Authority asserting material non-compliance with Environmental Laws, or (b) to correct any such material non-compliance identified in a report delivered to the Agent and the Lenders pursuant to Section 7.7.

  • Incremental Facilities has the meaning assigned to such term in Section 2.22(a).

  • 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.

  • Environmental and Social Commitment Plan or “ESCP” means the environmental and social commitment plan for the Project, dated May 5, 2023, as the same may be amended from time to time in accordance with the provisions thereof, which sets out the material measures and actions that the Recipient shall carry out or cause to be carried out to address the potential environmental and social risks and impacts of the Project, including the timeframes of the actions and measures, institutional, staffing, training, monitoring and reporting arrangements, and any environmental and social instruments to be prepared thereunder.

  • 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.

  • Phase I Environmental Report means a report by an Independent Person who regularly conducts environmental site assessments in accordance with then current standards imposed by institutional commercial mortgage lenders and who has a reasonable amount of experience conducting such assessments.

  • Additional Facilities has the meaning assigned to that term in Section 2.9(a).

  • 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.

  • Production Facilities (7 9) means "production equipment" and specially designed software therefor integrated into installations for "development" or for one or more phases of "production".

  • Adverse Environmental Condition shall refer to (i) the existence or the continuation of the existence, of an Environmental Emission (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Emission), of, or exposure to, any substance, chemical, material, pollutant, Contaminant, 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 statutes, ordinances, orders, rules regulations, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any Equipment.

  • Maintenance Capital Expenditures means cash expenditures (including expenditures for the addition or improvement to the capital assets owned by any Group Member or for the acquisition of existing, or the construction of new, capital assets) if such expenditures are made to maintain, including over the long term, the operating capacity or revenues of the Partnership Group.