New Contamination definition

New Contamination. The term "New Contamination" means Contamination discovered at any Property at which Landlord is conducting Remediation under Section 9.2, which Properties are set forth on Schedule 3, after Landlord has commenced such Remediation and before Closure is obtained by Landlord. Tenant shall have the burden of proving that any such discovered Contamination is not New Contamination but Contamination for which Landlord is obligated to Remediate.
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New Contamination. Contamination (other than Existing Site Contamination) present at, in, on or under any Existing Site to the extent this is present as a result of the acts or activities of the Contractor (or its agents, representatives or employees or any sub-contractor of any tier) during its occupation of that Existing Site; “Notifiable Event” any event occurring or circumstance arising (including without limitation any spillage, leak or discharge of any Hazardous Substances) which results or would or is reasonably likely to result in any requirement for Remediation Work to put the Site (or any part of it) in a condition which is Environmentally Acceptable at or in relation to any Site or which would or is reasonably likely to result in an Action;
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New Contamination means any contamination, whether or not a Covered Substance is present, of the soil, surface water, groundwater, land, stream sediments, surface or subsurface strata, ambient air or any other environmental medium on, under, in, about, or from any of the Properties which is not Baseline Contamination, including (i) any Release commencing after the Closing Date and (ii) any regulated asbestos-containing materials and lead paint required to be abated or encapsulated under Environmental Laws to the extent such abatement or encapsulization is required as a result of being disturbed or uncovered after the Closing Date as a result of Parent’s Elective Work.
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Examples of New Contamination in a sentence

  • The discovery of New Contamination (defined as any presence or release, or any portion of a presence or a release, of any regulated substance including, without limitation, a regulated substance that materially impacts soil, sediment, surface water, soil vapor, indoor air quality and/or groundwater quality that did not exist or was not identified in previous corrective action(s)).

  • As discussed supra, Chevron alleges in its complaint that it discovered New Contamination as early as 1997, and then again in 1999, 2009, 2011, and 2012.

  • Based upon this assessment, the Environmental Consultant shall make an apportionment of the costs and Tenant shall begin paying Landlord for the additional expenses incurred by Landlord in remediating the New Contamination.

  • Estimated cost to complete remediation prior to New Contamination equals $100,000.

  • In our case the criteria is the location of a simplified Zero-Moment-Point (ZMP).

  • But Chevron concedes that it did not provide PF&T any notice about this alleged contamination until July 8, 2014, when it sent a letter to Apex about the New Contamination.

  • Further, Landlord and Tenant may negotiate a transfer of the Remediation responsibility for the Contamination and New Contamination from Landlord to Tenant with the costs of such Remediation continuing to be shared between Landlord and Tenant as set forth in this Section.

  • Purchaser shall defend, indemnify and hold Seller and its affiliates harmless from and against all claims, expenses (including reasonable attorneys' fees), loss or liability arising from or related to any New Contamination.

  • If any environmental contamination is discovered after the Closing Date and Purchaser meets its burden of proving that it is not New Contamination but Covered Contamination, Seller shall remediate such Covered Contamination, in compliance with applicable remediation standards in effect at such time.

  • To the extent required by applicable laws and regulations, Purchaser shall report all New Contamination (as defined in Section 7.4(C)) to the Authorities and provide appropriate notification thereof to property owners.


More Definitions of New Contamination

New Contamination means any Hazardous Materials which are introduced onto the Property after the Effective Date of this Agreement and before the Close of Escrow by any party other than Buyer or an agent of Buyer, and of which Seller is notified by Buyer within five (5) years after the Close of Escrow."
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New Contamination has the meaning specified in Section 11.4.4.3.
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New Contamination means any Environmental Contamination of a Real Property Site that is not Covered Contamination.
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Related to New Contamination

  • 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.

  • 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.

  • Lead-contaminated dust means surface dust that contains an area or mass concentration of lead at

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

  • 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.

  • Decontamination means a procedure whereby health measures are taken to eliminate an infectious or toxic agent or matter on a human or animal body surface, in or on a product prepared for consumption or on other inanimate objects, including conveyances, that may constitute a public health risk;

  • 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.

  • Contaminated site means a site where there is a confirmed presence, caused by man, of hazardous substances of such a level that they pose a significant risk to human health or the environment taking into account current and approved future use of the land;

  • Contaminated soil means soil that meets all of the following criteria:

  • 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.

  • Controlled dangerous substance means a drug, substance, or

  • 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 Material means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law

  • 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.

  • Mold means mold, fungus, microbial contamination or pathogenic organisms.

  • Radioactive substance means a substance that emits ionizing

  • Hazardous Substance means any chemical, pollutant, waste or substance that is (a) listed, classified or regulated under any Environmental Law as hazardous substance, toxic substance, pollutant, contaminant or oil or (b) any petroleum product or by product, asbestos containing material, polychlorinated biphenyls or radioactive material.

  • Harmful substance means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention.

  • Hazardous Material Activity means any activity, event or occurrence involving a Hazardous Material, 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 Material.

  • Hazardous Substance Activity Any storage, holding, disposal, leaching, existence, use, release, migration, emission, discharge, generation, processing, abatement, removal, repair, cleanup or detoxification, disposition, handling or transportation of any Hazardous Substance from, under, into, on or about the Property.

  • 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).

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

  • explosive actuated fastening device means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing;

  • Dangerous weapon means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

  • dangerous in relation to any fence means:

  • 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.