Existing Contamination Sample Clauses

The Existing Contamination clause defines the responsibilities and liabilities related to pollution or hazardous substances that were present on a property before a transaction or agreement takes effect. Typically, this clause clarifies which party—often the seller or landlord—remains responsible for addressing or remediating any contamination that existed prior to the buyer’s or tenant’s occupancy. For example, it may require the seller to disclose known contamination or to undertake cleanup efforts before closing. The core function of this clause is to allocate risk and prevent disputes by clearly establishing who is accountable for pre-existing environmental issues.
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Existing Contamination. “Existing Contamination” means any and all pollution or contamination caused by any Hazardous Material that previously existed or exists in, or was released onto, the soil or groundwater at or beneath the Premises as of the date the Authority first delivered the Premises to Operator for Operator’s use and occupancy under this Agreement.
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Existing Contamination. The Tenant shall have no responsibility under section 35 for Environmental Contaminants existing in the Land prior to the Tenant taking possession of the Land.
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Existing Contamination. The Service Provider shall have no responsibility under section 18 for Environmental Contaminants existing in the City’s land or the land where the work is occurring prior to the Service Provider providing the Services.
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Existing Contamination. To the best of Seller's knowledge, no Hazardous Materials are present in, on, or under any of the Premises, or any properties owned, leased or used at any time (including both land and improvements thereon) in connection with the Assets, and, to the knowledge of Seller, without investigation, no reasonable likelihood exists that any Hazardous Materials will come to be present in, on, or under the Premises, or any properties owned, leased or used at any time (including both land and improvements thereon) in connection with the Assets, so as to give rise to any liability or corrective or remedial obligation under any Environmental Laws.
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Existing Contamination. 8.1.1 The Grantor shall be responsible for any damages directly arising out of an Existing Contamination and agrees to indemnify the Concessionaire and hold the Concessionaire harmless from and against any liability suffered or incurred by the Concessionaire as a direct result of the effects of any Existing Contamination and of remediation of any such Existing Contamination and shall indemnify the Concessionaire against all Losses incurred by the Concessionaire as a direct result of such Existing Contamination and its effects. This obligation of the Grantor shall be applied also as an obligation of the Concessionaire upon termination of the Concession Agreement, irrespective of the grounds for termination, and the clauses below shall be applied mutatis mutandis.
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Related to Existing Contamination

  • Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.

  • Dangerous Materials Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

  • No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or (B) are present on, over, beneath, in or upon any Real Property or any portion thereof in quantities that would constitute a violation of any Environmental Laws. No prior use by the Company or any of its Subsidiaries of any Real Property has occurred that violates any Environmental Laws, which violation would have a material adverse effect on the business of the Company or any of its Subsidiaries.

  • Hazardous Material Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment.