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;

New Contamination has the meaning specified in Section 11.4.4.3.

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)).
Estimated cost to complete remediation prior to New Contamination equals $100,000.
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.
If New Contamination is discovered at or emanating from any of the Properties being Remediated by Landlord under Section 9.1, but prior to Closure, Tenant shall make all reporting or notification required by the Environmental Laws, shall promptly notify Landlord, and shall act promptly to minimize the effects of 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.
In addition, the consultant will estimate the cost of the additional work that will be required due to the New Contamination.
At Tenant's election, and with Landlord's consent, which shall not be unreasonably withheld, Tenant may assume the Remediation of the New Contamination.
In addition to any other indemnities between Landlord and Tenant, Landlord shall indemnify, defend, and hold harmless Tenant for, from, and against any third party claims due to the presence of New Contamination on, at, or under the Leased Premises after the Lease Term or due to interference with ▇▇▇▇▇▇’s performance of Corrective Action by Landlord or Landlord’s Permittees.
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 Environmental Contamination of a Real Property Site that is not Covered 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."

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.