Known Contamination definition

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.
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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 Xxx for each of ECEC and HEC for the environmental contamination listed in the Environmental Reports as being present at HEC and ECEC.
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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 xxxxx or monitoring xxxxx 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 xxxxx or monitoring xxxxx 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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Examples of Known Contamination in a sentence

  • 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 Xxx.

  • Except for Excluded and Special Indemnity Matters, the representations and warranties of the Target Companies, Seller and Purchaser contained in this Agreement shall terminate and be of no further force and effect at and following the Closing.

  • 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.

  • Indemnitee agrees that the NFR Letter for CEC and the Covenant Not to Xxx for ECEC and HEC may contain certain limitations and requirements relating to Known Contamination underneath, or contained by, such buildings, parking areas and engineered barriers (collectively, "Caps") including, but not necessarily limited to, a requirement that restrictions on removing such Caps be recorded against the relevant portions of the applicable Property.

  • 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 Xxx, respectively.

  • Indemnitee agrees that the NFR Letter for CEC and the Covenant Not to Xxx for ECEC and HEC may contain certain limitations and requirements relating to Known Contamination underneath, or contained by, such buildings, parking areas and engineered barriers (collectively, "Caps") including, but not necessarily limited to, a requirement that restrictions on removing such Caps be recorded against the relevant portions of the Properties.

  • 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 xxx (identifying Buyer as the beneficiary of such covenant) or its equivalent from the applicable governmental entity.

  • In the event that the remediation of any such Known Contamination is the responsibility of a third-party, Seller shall oversee such remediation and ensure it is performed in accordance with Seller’s obligations set forth in this Section 12.

  • The Environmental Agreement refers to all existing, known contamination on Refinery Company Property and Fertilizer Company Property as being documented and identified on a mutually agreed upon Known Contamination Map, and the Parties hereby acknowledge and agree that such Known Contamination Map is attached hereto as Exhibit B.

  • 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.


More Definitions of Known Contamination

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");
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Known Contamination means contamination identified in the Environmental Reports in excess of Existing Ohio Requirements.
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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 Xxx 0000: Part 2A) to its existence in the first;
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Known Contamination as such term is defined in Section 17(a)(ii).
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Related to Known Contamination

  • Hazardous Materials 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 Materials, or any derivatives thereof, or on or of any other property as a result of Hazardous Materials, or any derivatives thereof, generated on, emanating from or disposed of in connection with the relevant property.

  • 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.

  • Contamination means the presence of, or Release on, under, from or to the environment of any Hazardous Substance, except the routine storage and use of Hazardous Substances from time to time in the ordinary course of business, in compliance with Environmental Laws and with good commercial practice.

  • Dangerous Substance means any radioactive emissions and any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) which, taking into account the concentrations and quantities present and the manner in which it is being used or handled, it is reasonably foreseeable will cause harm to man or any other living organism or damage to the Environment including any controlled, special, hazardous, toxic, radioactive or dangerous waste.

  • Existing Contamination means any Contamination present on, or under, the Site as of the execution date of this Contract.

  • Contaminate means the addition of sediment, any other pollutant or waste, or any illicit or prohibited discharge.

  • Extremely Hazardous Substance has the meaning set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

  • Hazardous Substance Activity means any activity, event, or occurrence involving a Hazardous Substance, including, without limitation, the manufacture, possession, presence, use, generation, transportation, treatment, storage, disposal, Release, threatened Release, abatement, removal, remediation, handling of or corrective or response action to any Hazardous Substance.

  • Hazardous Substance means any substance that is: (i) listed, classified or regulated pursuant to any Environmental Law; (ii) any petroleum product or by-product, asbestos-containing material, lead-containing paint or plumbing, polychlorinated biphenyls, radioactive materials or radon; or (iii) any other substance which is the subject of regulatory action by any Governmental Entity pursuant to any Environmental Law.

  • Hazardous Material means any substance, material or waste that is classified, regulated or otherwise characterized under any Environmental Law as hazardous, toxic, a contaminant or a pollutant or by other words of similar meaning or regulatory effect, including petroleum or any fraction thereof, asbestos, polychlorinated biphenyls and radioactive substances.

  • Hazardous Materials does not include products or materials that are commonly used in construction or industrial practice so long as they are used in accordance with the manufacturer’s instructions or Material Safety Data Sheets issued for the product or materials. (See Article 1.6.3 below.)

  • Dangerous Substances means a substance or article described in regulation 3 of the Dangerous Substances Regulations;

  • Contaminated means the actual existence on or under any real property of Hazardous Substances, if the existence of such Hazardous Substances triggers a requirement to perform any investigatory, remedial, removal or other response action under any Environmental Laws or if such response action legally could be required by any governmental authority; "Facility" means any property currently owned, leased or occupied by the Company.

  • Contaminant means any material, substance or waste that is classified, regulated or otherwise characterized under any Environmental Law as hazardous, toxic, a contaminant or a pollutant or by other words of similar meaning or regulatory effect, including any petroleum or petroleum-derived substance or waste, asbestos and polychlorinated biphenyls.

  • Hazardous Substances means any hazardous or toxic material, substance or waste, pollutant, contaminant or solid waste as defined under applicable Environmental Laws, including petroleum, petroleum products, asbestos, polychlorinated biphenyls and radioactive materials.

  • toxic a “pollutant”, a “contaminant”, or words of similar meaning and regulatory effect pursuant to any Environmental Law and also including any petroleum product or by-product, asbestos-containing material, lead-containing paint, mold, polychlorinated biphenyls or radioactive materials.

  • Hazardous chemical has the meaning given in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth) and includes: prohibited carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); restricted carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); hazardous chemicals the use of which is restricted under regulation 382 of the Work Health and Safety Regulations 2011 (Cth), including polychlorinated biphenyls; Schedule 11 Hazardous Chemicals; hazardous chemicals listed in Table 14.1 of Schedule 14 of the Work Health and Safety Regulations 2011 (Cth); Schedule 15 Chemicals; and lead as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth).

  • Hazardous Activity means the distribution, generation, handling, importing, management, manufacturing, processing, production, refinement, Release, storage, transfer, transportation, treatment or use (including any withdrawal or other use of groundwater) of Hazardous Material in, on, under, about or from any of the Facilities or any part thereof into the Environment and any other act, business, operation or thing that increases the danger, or risk of danger, or poses an unreasonable risk of harm, to persons or property on or off the Facilities.

  • Environmentally sensitive area means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

  • Hazardous Materials means all explosive or radioactive substances or wastes and all hazardous or toxic substances, wastes or other pollutants, including petroleum or petroleum distillates, asbestos or asbestos containing materials, polychlorinated biphenyls, radon gas, infectious or medical wastes and all other substances or wastes of any nature regulated pursuant to any Environmental Law.