Preexisting Hazardous Materials definition

Preexisting Hazardous Materials means Hazardous Materials that existed in, on, adjacent to, or under the Premises prior to the Commencement Date, whether such substances were within the definition of Hazardous Materials as used in this Lease as of the Commencement Date or subsequently become included within such definition. Notwithstanding anything to the contrary in the foregoing, Preexisting Hazardous Materials will not include asbestos, asbestos-containing materials, lead- based paints, or pesticides.

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Preexisting Hazardous Materials means Hazardous Materials (including storage tanks), if any, that existed in, on, or under the Premises or Property prior to the Effective Date, whether such substances were within the definition of Hazardous Materials as used in this Lease on the Effective Date or subsequently became included within such definition.

Preexisting Hazardous Materials means those hazardous materials present on, below, or about the Project site as of the Effective Date. Preexisting Hazardous Materials include, without limitation, asbestos, lead paint, polychlorinated biphenyl (PCBs), mold, petroleum products, and any other material or substance known to have adverse health risks. Should Contractor discover a Preexisting Hazardous Material during the Project, Contractor may stop the Work and notify City of such condition. The discovery of Preexisting Hazardous Materials shall be treated as an Unknown Condition as set forth in Section 3.3, in which case the Parties shall comply with Section 3.3 with respect to resolution of the Preexisting Hazardous Materials.

Examples of Preexisting Hazardous Materials in a sentence

DB Contractor shall be responsible for all other costs related to Pre-existing Hazardous Materials.
Promptly after receiving notice of reasonably suspected Preexisting Hazardous Materials, Owner Parties shall take reasonable measures to ensure that the Preexisting Hazardous Materials are remediated.
If Contractor reasonably suspects it has encountered Preexisting Hazardous Materials, Contractor shall, immediately upon recognizing the condition, have the right to stop Work in the affected area, and shall immediately notify Owner Parties of the same.
With regard to Pre-existing Hazardous Materials and TxDOT Release(s) of Hazardous Material, TxDOT shall comply with the applicable standards for generators and arrangers including those found at 40 CFR, Part 262, including the responsibility to sign manifests for the transport of hazardous wastes.
As between Developer and TxDOT, Developer shall be considered the generator and arranger and assume generator and arranger responsibility solely for Hazardous Materials that are other than Pre-existing Hazardous Materials and TxDOT Release(s) of Hazardous Materials.
TxDOT shall compensate Developer for 100% of Developer’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport, removal and disposal of Pre-existing Hazardous Materials encountered by Developer.
The provisions of Section 4.10 shall apply to the O&M Work, including those provisions related to Pre-existing Hazardous Materials and Releases of Hazardous Materials.
Costs associated with the investigation of and planning for Pre-existing Hazardous Materials prior to the completion of the Final Design.
Landlord shall defend, fully indemnify and hold free and harmless Tenant from and against all claims, judgments, damages, penalties, fines, costs, liabilities or losses and costs of remediation, if any, that arise after the Commencement Date, and that are imposed on or paid by or asserted against Tenant by reason of or on account of Hazardous Materials which were present at any time or times on the Premises prior to the Commencement Date (the "Preexisting Hazardous Materials").
Landlord, at Tenant's sole cost and expense, shall have the right, but not the obligation, to join and participate in any legal or administrative proceedings or actions involving Tenant in connection with any claims, demands, or causes of action arising out of the storage, generation, handling, use, or disposal of Hazardous Materials (other than Preexisting Hazardous Materials) on, under, from, or about the Premises.

More Definitions of Preexisting Hazardous Materials

Preexisting Hazardous Materials shall have the meaning set forth in Section 7.5.4 below.

Preexisting Hazardous Materials means Hazardous Materials that were present on the Parcel prior to the date of Seller's use and/or occupancy of the Parcel.