Common use of Facility Conditions Clause in Contracts

Facility Conditions. (a) The parties acknowledge that prior to the Effective Date, certain constituents of concern were present in groundwater beneath Pfizer’s facility located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ in Kalamazoo, Michigan (“Pfizer’s Kalamazoo Facility”) above Michigan’s generic groundwater cleanup criteria, as documented by the Kalamazoo Environmental Matter Report (the “Kalamazoo Environmental Matter”). Pfizer is presently conducting Remedial Actions at the site to address the Kalamazoo Environmental Matter with oversight from the Michigan Department of Environmental Quality.