Allocation of Environmental Liability Clause Samples

The Allocation of Environmental Liability clause defines which party is responsible for environmental risks, damages, or regulatory compliance associated with a property or transaction. Typically, it specifies whether the buyer or seller will bear the costs of remediation, ongoing monitoring, or penalties arising from pre-existing or future environmental issues. This clause is essential for clarifying responsibility and preventing disputes, ensuring that both parties understand their obligations and are protected from unexpected environmental liabilities.
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Allocation of Environmental Liability. Client acknowledges and agrees that the performance by PSG or its designated disposal facility of the disposal or destruction of the Wastes or of any Service related to such disposal or destruction could cause liability to arise under Applicable Environmental Law. Client hereby releases PSG from, and agrees to indemnify and hold PSG harmless against, any claims, causes of action, liabilities or demands arising from or related to the designation, Final Characterization, storage, transport, treatment, disposal or destruction of any of the Wastes (collectively, all such claims, causes of action, liabilities or demands are hereinafter referred to as “Liabilities”); provided that this release and indemnity shall not apply to the extent that any such Liabilities result from PSG’s negligence, gross negligence or intentional misconduct. The parties acknowledge and agree that an act or omission of PSG shall not be deemed to constitute negligence, gross negligence or intentional unless such act or omission is solely attributable to PSG and consists of the failure of PSG (a) to label and package correctly material sent by PSG to any point off-site for disposal or destruction; (b) to store in accordance with applicable law, while any such material is in its custody, material received from Client by PSG at any location owned, leased or occupied solely by PSG; or (c) to track, document and report, as required by applicable law, the transport of any such material after it has left PSG’s custody. PSG shall not be alleged to have acted in a negligent manner if (a) any transporter to which PSG gives material for off-site destruction or disposal spills the material in transport or fails to handle it in accordance with law; or (b) a release or threatened release to the environment occurs at the final site to which material is taken for its ultimate disposal or destruction. The release and indemnification provided herein shall survive termination of this Agreement and any applicable Project Proposal. Subject to and on the terms and conditions of this Contract, Schedule D and the applicable separate Project Proposal, PSG hereby agrees to perform from time to time Clinical Label Translation and/or Regulatory Review and Approval Services for Client.
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Allocation of Environmental Liability. With regard to Sections 11.3 and 11.4, to the extent that it can not be demonstrated whether the Release of the Specified Substances occurred during the Lease Period, the Parties will split the liability and responsibility associated with such Release of the Specified Substances on 50/50 basis. In the event a Claim arises to which POC provides Seadrift indemnity under Section 11.3, Seadrift will provide the Remedial Action and provide the spill response, at the sole expense of POC. The costs associated with Seadrift providing such Remedial Action and the spill response for Claims indemnified under Section 11.3 will be similar to the level of costs Seadrift typically incurs for similar events when Seadrift bears 100% of the such costs on its own. Seadrift, as opposed to POC, shall provide all notices and communications to the Environmental Protection Agency and other Governmental Bodies regarding any Environmental Claim, Environmental Laws, Release or Remedial Action relating to the Property unless otherwise required by law. Each party represents and warrants to the other Party that to the best of its knowledge, there has not been any Release of any Specified Substances between September 1, 1993 and the Effective Date of this Agreement that has not been disclosed to the other Party.
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Allocation of Environmental Liability. After the Closing, the parties shall allocate responsibility for Environmental Liability with respect to Pollutants or other Hazardous Substances that are present on, under or migrated from the Property prior to or as of the Closing Date as hereinafter provided.
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Allocation of Environmental Liability. Client acknowledges and agrees that the performance by Patheon or its designated disposal facility of the disposal or destruction of the Wastes or of any Service related to the disposal or destruction could cause liability to arise under Applicable Laws. [**]
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Allocation of Environmental Liability 
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Related to Allocation of Environmental Liability

  • Environmental Liability Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect: (i) there is no legal, administrative, or other proceeding, claim or action of any nature seeking to impose, or that would reasonably be expected to result in the imposition of, on the Company or any Company Subsidiary, any liability relating to the release of hazardous substances as defined under any local, state or federal environmental statute, regulation or ordinance, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, pending or, to the Company’s knowledge, threatened against the Company or any Company Subsidiary; (ii) to the Company’s knowledge, there is no reasonable basis for any such proceeding, claim or action; and (iii) neither the Company nor any Company Subsidiary is subject to any agreement, order, judgment or decree by or with any court, Governmental Entity or third party imposing any such environmental liability.

  • Environmental Liabilities No action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending, or to the Company's knowledge, threatened concerning any Environmental Permit, Hazardous Material or any Hazardous Materials Activity of the Company. The Company is not aware of any fact or circumstance which could involve the Company in any environmental litigation or impose upon the Company any environmental liability.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location which could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law, except insofar as any such violation or liability referred to in this paragraph, or any aggregation thereof, could not reasonably be expected to result in the payment of a Material Environmental Amount.

  • No Violation of Environmental Laws There is no pending action or proceeding directly involving the Mortgaged Property in which compliance with any environmental law, rule or regulation is an issue; there is no violation of any environmental law, rule or regulation with respect to the Mortgaged Property; and nothing further remains to be done to satisfy in full all requirements of each such law, rule or regulation constituting a prerequisite to use and enjoyment of said property;

  • Hazardous Materials; Remediation (a) If any material release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Credit Party will cause the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all applicable Environmental Laws and Healthcare Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Credit Party shall comply in all material respects with each Environmental Law and Healthcare Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material. (b) Credit Parties will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s reasonable business determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Effect.