Known Environmental Condition definition

Known Environmental Condition any Hazardous Activity or Release of Hazardous Materials actually or constructively known by any current or former officer, director, employee or agent of Seller at the time of Closing, or referenced in any documents maintained by or provided to Seller or any Governmental Body, including, but not limited to those documents posted in the electronic data room created in connection with the transaction contemplated by this Agreement and the Enercon Phase I and II Environmental Site Assessments, each dated November 18, 2009.

Known Environmental Condition means an Environmental Condition, of which Seller or the Company had knowledge on or before the Closing Date, and which was caused by operation of or occurred or existed on any of the Properties prior to the Closing Date.

Known Environmental Condition has the meaning specified in Section 9.02(b).

Examples of Known Environmental Condition in a sentence

• In addition to establishing the manner and method for addressing the Known Environmental Condition, the information regarding the Known Environmental Condition is being provided consistent with requirements of California Health and Safety Code Section 25359.7.

• The DISTRIBUTABLE PORTION shall mean (i) the Escrow Fund as it exists on such date, less (ii) the amount(s) designated on Schedule 12.5 with respect to each Known Environmental Condition as to which the associated Satisfaction Condition has not been completed, subject to adjustment as hereinafter provided, (the "ENVIRONMENTAL HOLDBACK"), less (iii) the aggregate of all other claims arising under Article XII which are pending but not yet resolved (the "OTHER CLAIMS").

• Seller shall have no indemnity obligation to Buyer whatsoever, including, but not limited to, any obligations under the CACA and/or relating to the Known Environmental Condition.

• With respect to the Remediation of the Known Environmental Condition, the procedures and terms of the Remediation Agreement and Escrow Agreement shall control.

• Developer shall perform all Remediation and other Work related to the Known Environmental Condition with respect to each NCF Phase E in accordance with Applicable Laws and as part of the Cost of the Work.

More Definitions of Known Environmental Condition

Known Environmental Condition has the meaning set forth in Section 6.18.

Known Environmental Condition means any Hazardous Materials at, on, under or migrating to or from the Property as of the Closing as described or referenced in the Due Diligence Items, Disclosure Items or in reports or other documents on file with the DEEP, or otherwise publicly available, including any Pre-Existing Environmental Conditions or Post-Sale Environmental Conditions (as those terms are defined in the Access Agreement) that exist as of the Closing.

Known Environmental Condition means an Environmental Condition which occurred prior to the Effective Time, and which is Known by Seller at or prior to Closing, each of which are listed on Schedule 4.01(g).

Known Environmental Condition means any Release or suspect Release of Hazardous Substances or other fact or circumstance, including violations of Environmental Laws, that could result in Losses under Environmental Law disclosed to Buyer (a) prior to the Closing, including but not limited to, in the EKI Documents or any Phase I prepared for Buyer; or (b) after Closing, in connection with any investigation of the matters referred to in (a), including but not limited to, any investigation of the matters listed on the “Material Issues List” dated October 15, 2004.

Known Environmental Condition means any environmental condition related to or otherwise attributable to the soil and ground water contamination at the Location, as disclosed by the Seller in the environmental materials made available to the Purchasers during the diligence process, including, without limitation, the Site Investigation Work Plan, Site Investigation Report and the Work Plan for Soil Remediation prepared for Suffolk County Department of Health Services by Fanning, Philxxxx xxx Molnxx, xx well as any Phase I or Phase II investigation undertaken by or on behalf of the Purchasers.

Known Environmental Condition means the presence of any Hazardous Materials in, on or under the Site and/or located within the existing improvements disclosed to Developer in the documentation described in Exhibit D or discovered by Developer’s due diligence examinations and investigations pursuant to Section 4.01(A) and the Pre-Development Phase Business Plan, including the Xxxxxx Environmental Condition, which, pursuant to applicable Environmental Laws, may require investigation, abatement and/or remediation as a condition to the development and construction of County Buildings.

Known Environmental Condition means any Hazardous Substance contamination in soil or groundwater known to be existing as of the Closing Date at the Owned Real Property or Leased Real Property as generally described on Schedule 11.1.