Known Contamination definition

Known Contamination means (i) those volatile organic compounds (VOCs) detected in the Shallow Zone extraction well groundwater samples including 1,1 -dichloroethylene (1,1 DCE), cis 1,2 dichloroethylene (cis-1, 2-DCE), and trichloroethylene ("TCE"); the VOCs detected in the Intermediate Zone extraction well groundwater samples including cis-1, 2-DCE, trans-1, 2-dichloroethylene (trans- 1,2-DCE), vinyl chloride and TCE; 1,1 Dichloroethane, 1,1 DCE, 1,2 dichlorobenzene, chloroform, and chloroethane; Tetrachloroethene ("PCE"), and (ii) any other contaminants or Hazardous Materials which have been detected in any samples collected from any of the identified extraction ▇▇▇▇▇ or monitoring ▇▇▇▇▇ or which have been identified as being present in soils, soil vapor or groundwater underlying the Property as of the Effective Date of this Lease, including, without limitation, any other Hazardous Materials resulting from the degradation of any of the above identified contaminants (whether naturally or as a result of Landlord's Environmental Response Activities), and (iii) any migration after the date the Leased Premises are delivered to Tenant of contaminants or Hazardous Materials which have been detected in any samples collected from any of the identified extraction ▇▇▇▇▇ or monitoring ▇▇▇▇▇ or which have been identified as being present in soils, soil vapor or groundwater underlying the Property as of the Effective Date of this Lease, unless the same are naturally occurring or have an origin other than the Property, or are occurring as a result of Tenant's operation of the Leased Premises.

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Known Contamination means the environmental conditions existing on the Properties, as specifically identified in the Environmental Reports and with respect to which Indemnitor is required to remediate (i) at CEC in order to receive a NFR Letter for the environmental contamination listed in the Environmental Reports as being present at CEC, and (ii) at ECEC and HEC in order to receive a Covenant Not to ▇▇▇ for each of ECEC and HEC for the environmental contamination listed in the Environmental Reports as being present at HEC and ECEC.

Known Contamination. Means Contamination currently existing on or affecting the applicable Property as of the Closing, AND which such Contamination is disclosed in environmental reports received by the Contributor or the Partnerships on or before the Closing (the "ENVIRONMENTAL REPORTS");

Examples of Known Contamination in a sentence

Any invasive, on-site work that could involve impacts to subsurface soil and/or groundwater in areas of contamination depicted on the Known Contamination Map shall be subject to the procedural requirements established in either Section 2.2(e) or Section 2.2(f) for Planned Project Work or Unplanned Work, respectively.
If the presence of Hazardous Materials on the Property (other than the Known Contamination) caused or permitted by Tenant results in contamination or deterioration of water or soil, then Tenant shall promptly take any and all action necessary to clean up such contamination, but the foregoing shall in no event be deemed to constitute permission by Landlord to allow the presence of such Hazardous Materials.
Effective February 15, 2008 Refinery Company and Fertilizer Company entered into a Supplement to Environmental Agreement (the “Supplement”), in which Refinery Company and Fertilizer Company acknowledged and agreed upon the transfer of certain property, the Known Contamination Map and the Comprehensive Coke Management Plan.
Indemnitor shall perform any investigation or monitoring of site conditions and any clean-up, containment, restoration, removal, treatment, stabilization, or other remedial work relating to the Known Contamination (collectively, the "Remedial Work") required at CEC to obtain the NFR Letter and at the HEC and ECEC to obtain a Covenant Not to ▇▇▇.
In addition, Indemnitor and Indemnitee agree that certain of the Known Contamination may, with the approval of IEPA or IDEM, as applicable, be remediated by utilizing appropriate engineered barriers over or around such Known Contamination instead of actually removing it.
Tenant agrees that the presence of such Known Contamination shall not be deemed a constructive eviction of Tenant from the Leased Premises.
Seller shall complete such remediation of all Known Contamination (i) to a non-residential standard utilizing only reasonably and customary engineering or institutional controls; (ii) in accordance with applicable environmental laws; and (iii) by obtaining a no further action letter and covenant not to ▇▇▇ (identifying Buyer as the beneficiary of such covenant) or its equivalent from the applicable governmental entity.
Upon such approval, the P▇▇▇▇▇▇ Seller Representative shall cause remediation of the Known Contamination to the satisfaction of IDEM.
Notwithstanding anything in this Agreement to the contrary, Indemnitor and Indemnitee agree that Indemnitor shall not be required to remediate Known Contamination under buildings or paved parking areas on the properties except to the extent required by IEPA or IDEM, as applicable.
Notwithstanding anything in this Agreement to the contrary, Indemnitor and Indemnitee agree that Indemnitor shall not be required to remediate Known Contamination under buildings or paved parking areas on the Properties except to the extent required by IEPA or IDEM, as applicable to obtain the NFR Letter or the Covenant Not to ▇▇▇, respectively.

More Definitions of Known Contamination

Known Contamination as used in this Agreement means the presence of Hazardous Substances at the Owned Real Property in areas which are identified in the ERM Reports and at the concentrations (or at concentrations not materially greater than those) identified in the ERM Reports.

Known Contamination as such term is defined in Section 17(a)(ii).

Known Contamination means the presence at any time at or prior to the Completion Date of Hazardous Substances in on or under the Properties and/or the migration of such Hazardous Substances at any time from the Properties provided and only to the extent that the existence or likely existence in, on or migrating to or from the relevant Property of such Hazardous Substances is Fairly Disclosed, stated in the relevant ERM Report, or is otherwise known to the Indemnifying Party at the date of this Agreement provided that a reference in the relevant ERM Report to the existence or likely existence of Hazardous Substances in one location of the relevant Property shall not be considered as disclosure of its existence in another location unless its existence in the second location is part of a direct pollution linkage (as that concept is understood in DEFRA Circular 01/2006 under the Environmental Protection ▇▇▇ ▇▇▇▇: Part 2A) to its existence in the first;

Known Contamination means contamination identified in the Environmental Reports in excess of Existing Ohio Requirements.