Pre-Existing Environmental Condition definition

Pre-Existing Environmental Condition means presence of: (i) Hazardous Materials in soil, groundwater or surface water on or about the Premises which first existed or first occurred prior to the Rental Commencement Date; or (ii) any other environmental condition which first existed or first occurred prior to the Rental Commencement Date.

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Pre-Existing Environmental Condition means the presence, if any, of Hazardous Materials on or about the Project Land on the Initial Closing Date which at any subsequent time constitutes a violation of Environmental Laws or which subjects or is reasonably expected to subject the Company or its Members or Managers to liability to any Person.

Pre-Existing Environmental Condition means presence of: (i) Hazardous Materials in soil, groundwater or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, including cleanup or other standards applicable to Hazardous Substances, which first existed or first occurred prior to the Effective Date; or (ii) any other environmental condition which first existed or first occurred prior to the Effective Date. “Environmental Requirements”, as used herein, shall mean all applicable federal, state, and local government laws (including common law), rules, regulations, statutes, codes, ordinances, directives, guidance documents, cleanup or other standards, and any other governmental requirements or standards which pertain to, regulate, or impose liability or standards of conduct concerning the use, storage, human exposure to, handling, transportation, release, cleanup or disposal of Hazardous Substances. “Corrective Action” shall mean investigation, assessment, monitoring, sampling, analysis, cleanup, removal, disposal, on-site treatment, off-site treatment, active remediation, passive remediation, remediation alternatives including but not limited to risk-based corrective action, if applicable, and/or other activities approved, concurred in or required by the governmental agency having jurisdiction over the Premises. Tenant shall not discharge or permit to be discharged from the Premises any Hazardous Materials or any sewage other than that which is normal waste water for the business conducted by Tenant on, in or from the Premises. Any sewage which is produced or generated in connection with the use or operation of the Premises shall be handled and disposed of by Tenant as required by and in compliance with all applicable local, state and federal laws, ordinances and rules or regulations.

Examples of Pre-Existing Environmental Condition in a sentence

If the Company incurs any Pre-Existing Environmental Condition Liability, it shall use any available contingency in the Project Budget or any Cost Savings to satisfy such Pre-Existing Environmental Condition Liability.
Tenant further agrees that Tenant shall be responsible, at its sole cost and expense, for all Corrective Action (as hereinafter defined) relative to: (a) any and all Hazardous Materials in soil, groundwater or surface water on or about the Premises in amounts, concentrations or levels that meet or exceed Environmental Requirements, and (b) any Pre-Existing Environmental Condition.
The discovery after the Contract Date of a Pre-Existing Environmental Condition at the Transfer Station Site or Drop-Box Sites, except for any Pre-Existing Environmental Condition which has been disclosed to the Company prior to the Contract Date, shall be treated as an Uncontrollable Circumstance.
Notwithstanding anything to the contrary in this lease, including without limitation Articles 14,18, 19 and 20, HAECO shall not be liable for and shall have no obligation or responsibility under this lease, at law, or otherwise for any Pre-Existing Environmental Condition or any Third-Party Environmental Condition.
Provision of notice pursuant to this Section 5.18(c)(iii) shall not be required if Buyer, the Company or its Subsidiaries has already obtained an endorsement to the Policy that will provide coverage for Damages or Liability for any Pre-Existing Environmental Condition discovered in the course of or resulting from the capital improvement.

More Definitions of Pre-Existing Environmental Condition

Pre-Existing Environmental Condition means (i) any presence or Release of any Hazardous Material at, on, under, from or to the Property or Facilities before or at Closing (and any migration therefrom, whether before or after Closing); (ii) any presence, Release or threatened Release of any Hazardous Material at, on, under, from or to any other location before or at Closing (and any migration therefrom, whether before or after Closing); and (iii) any other circumstances occurring before or at Closing forming the basis of any actual or alleged violation of, or liability under, any Environmental Law or any Environmental Approval (as defined below).

Pre-Existing Environmental Condition is defined in Section 13.11.

Pre-Existing Environmental Condition. Any Hazardous Substances in, on or about the Leased Property in violation of any applicable Environmental Laws as of the Commencement Date.

Pre-Existing Environmental Condition means: (i) any presence or Release of any Hazardous Material at, on, under, from or to the Property or Facilities before or at Closing (and any migration therefrom, whether before or after Closing); (ii) any presence, Release or threatened Release of any Hazardous Material at, on, under, from or to any other location before or at Closing (and any migration therefrom, whether before or after Closing); and (iii) any other circumstances occurring before or at Closing forming the basis of any actual or alleged violation of, or liability under, any Environmental Law or any Environmental Approval.

Pre-Existing Environmental Condition with respect to any Landlord Property, any condition, known or unknown, that existed on the TCA Closing Date in violation of Environmental Laws.

Pre-Existing Environmental Condition means any Hazardous Materials on or under the Grantor Property or in the groundwater under or adjacent to the Grantor Property arising prior to September 1 2021. In addition to any other representations and warranties contained herein, Grantee hereby represents and warrants the following to City:

Pre-Existing Environmental Condition is defined as the release or threatened release of Hazardous Materials on, about, under or emanating from the Premises prior to the commencement date of this Agreement.