Pre-Existing Environmental Conditions Clause Samples

Pre-Existing Environmental Conditions. Any Claim where there is an Environmental Condition which existed on the Property (whether or not known by the Person submitting an Application for coverage of the Loan) as of the Coverage Effective Date, subject to the following provisions: 1. This exclusion will not apply if the existence of such Environmental Condition, or the suspected existence of such Environmental Condition, was specifically disclosed to the Company in the Application relating to the Property. 2. This exclusion will not apply if the Environmental Condition is removed or remedied in a timely and diligent manner in accordance with applicable governmental standards for safe residential occupancy.

Pre-Existing Environmental Conditions. Provided that (a) ▇▇▇▇▇▇▇▇ completes all Property Inspections required by the Scoping Agreement, and (b) ▇▇▇▇▇▇▇▇ fully discloses any adverse findings therein to the City, ▇▇▇▇▇▇▇▇ shall not be responsible for any costs or liabilities associated with any environmental conditions present on the Project Site (including, without limitation, such conditions in or in connection with existing buildings), including, but not limited to, asbestos or PCBs, or the cost of remediation thereof (the “Pre-Existing Environmental Conditions”).

Pre-Existing Environmental Conditions. Any Claim where there is an Environmental Condition which existed on the Property (whether or not known by the Person submitting an Application for coverage of the Loan) as of the Certificate Effective Date, subject to the following provisions:

Pre-Existing Environmental Conditions. If a Party proposes a Modification that requires the acquisition of Additional Lands, that Party (or in the case of Required Modifications, the Authority) shall assume and discharge any liabilities and obligations whatsoever arising under any Environmental Law relating to the ownership, operation or condition of the Additional Lands and shall be responsible for any environmental conditions existing prior to the time of acquisition, whether or not the manifestation of which occurs following acquisition (including any Hazardous Substance or contaminant that was present or Released or migrated or escaped from or was Released from Additional Lands or otherwise existed at any time prior to the time of acquisition). Notwithstanding the foregoing, in all circumstances, the Lessee shall comply with Engineering or Institutional Controls associated with such Additional Lands; provided that, prior to having any obligation to comply therewith, the Lessee shall have (i) received written notice of such Engineering or Institutional Controls from the Authority and (ii) a reasonable period of time in which to implement such controls (which period shall not exceed 60 days unless such implementation reasonably requires a longer period and the Lessee has demonstrated to the satisfaction of the Authority, acting reasonably, that it is proceeding with all due diligence during such period to implement such compliance); provided further that in the case of environmental conditions for which the Authority is responsible pursuant to the preceding sentence, prior to having any obligation to comply therewith, the Lessee shall have received notice of such Engineering or Institutional Controls from the Authority; and provided further that the Lessee may submit any dispute with respect to such obligation to dispute resolution in accordance with Article 19. Notwithstanding any obligation to assume and discharge any liabilities arising under any Environmental Laws contained in this Section 5.4(d), to the extent the Lessee is obligated to assume such liabilities, the Lessee shall not acquire or be entitled to any real property interest in the Additional Lands associated with such liabilities, except as provided in Section 5.4(c).

Pre-Existing Environmental Conditions. Any Claim where there is an Environmental Condition which existed on the Property (whether or not known by the Person submitting an Application for coverage of the Loan) as of the Certificate Effective Date, subject to the following provisions: (a) This exclusion will not apply if the existence of such Environmental Condition, or the suspected existence of such Environmental Condition, was specifically disclosed to the Company in the Application relating to the Property. (b) This exclusion will apply only if such Environmental Condition (i) was a principal cause of the Default, and (ii) has made the principal Residential structure on the Property uninhabitable. A structure will be considered “uninhabitable” if generally recognized standards for residential occupancy are violated or if, in the absence of such standards, a fully informed and reasonable person would conclude that such structure was not safe to live in without fear of injury to health or safety.

Pre-Existing Environmental Conditions. Notwithstanding anything to the contrary in this Lease, including this Article XXXVII, Lessee shall have no responsibility (whether as to performance or payment of costs) or any other liability (a) to cure, repair, remove, close, detoxify, decontaminate or otherwise to commence or complete any other remediation with respect to any Pre-Existing Environmental Condition, or (b) to indemnify, defend, protect, save, hold harmless or reimburse Lessor for, from or against any Environmental Costs or other liabilities arising out of, resulting from or incident to, any Pre-Existing Environmental Condition, unless the need for such cure, repair, removal, closure, detoxification, decontamination or other remediation with respect to any Pre-Existing Environmental Condition or any such Environmental Costs associated therewith result directly from or arise directly out of any actions of Lessee, its Affiliates, Occupants, employees, agents or contractors that exacerbate any Pre-Existing Environmental Condition, in which case the provisions of this Article XXXVII shall apply to the extent of any such exacerbation. In no event, however, shall the foregoing exculpation of Lessee from any such responsibility or liability for any Pre-Existing Environmental Conditions be deemed or construed to be an agreement by Lessor to assume or otherwise be responsible for the same or to otherwise indemnify, defend, protect, save, hold harmless or reimburse Lessee for, from or against any Environmental Costs or other liabilities associated therewith. If, however, a claim or action is brought by a third party or governmental entity against either Lessor or Lessee for any Pre-Existing Environmental Condition, Lessor hereby agrees to pursue in good faith any and all rights and claims (including any right or claim to indemnification or defense) that Lessor may have (or, at the option of Lessor, to assign such rights to Lessee to the extent the same are assignable) against any third party responsible for any such Pre-Existing Environmental Condition, including any such rights or claims that Lessor may have against Current Owner or Current Manager under the Purchase Agreement or the Current Management Agreements or otherwise.

Pre-Existing Environmental Conditions a. Lessee acknowledges and agrees that: i. the Premises previously was operated by Lessor as a municipal solid waste landfill, which was closed in accordance with applicable law in approximately 2000; ii. the Premises are subject to on-going maintenance activities pursuant to applicable law; iii. all activities on the Premises, including but not limited to the construction, operation, maintenance, decommissioning and removal of the Solar Energy facility, must be conducted in conformance with Applicable Legal Requirements; iv. applicable law may prohibit and/or require the use of certain construction, operation, maintenance and removal procedures in connection with the use of the Premises for a Solar Energy Facility; and v. Lessee is familiar with the condition and all aspects of the Premises; and that it has approved and accepted the same. b. IT IS UNDERSTOOD AND AGREED THAT LESSOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO ENVIRONMENTAL CONDITIONS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c. LESSEE ACKNOWLEDGES AND AGREES THAT IT HAS LEASED AND SHALL ACCEPT THE PREMISES “AS IS, WHERE IS, WITH ALL FAULTS”. LESSEE HAS NOT RELIED AND WILL NOT RELY ON, AND LESSOR IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES OR RELATING THERETO MADE OR FURNISHED BY LESSOR, ITS EMPLOYEES, OR ANY AGENT REPRESENTING OR PURPORTING TO REPRESENT LESSOR, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. LESSEE ALSO ACKNOWLEDGES THAT THE ANNUAL LEASE PAYMENT REFLECTS AND TAKES INTO ACCOUNT THAT THE PREMISES IS BEING LEASED “AS-IS.” d. LESSEE REPRESENTS TO LESSOR THAT LESSEE IS FAMILIAR WITH THE PREMISES AND HAS CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS LESSEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PREMISES AND THE EXISTENCE OR NONEXISTENCE OF CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PREMISES, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF LESSOR OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. UPON CLOSING, LESSEE SHALL ASS...

Pre-Existing Environmental Conditions. Owner shall have engaged a qualified environmental consultant, and such consultant shall have prepared and issued a final baseline environmental study reasonably identifying Pre-Existing Environmental Conditions that present a risk of material liability (the “Baseline Environmental Study”).

Pre-Existing Environmental Conditions. The District agrees to assume the cost and expense for any and all Remediation that may be required during the term of this Lease by any Governmental Authority (including, without limitation, any federal or state court, any federal, state or local agency with jurisdiction over the Premises) or any third party (including, without limitation, an owner of land in the vicinity of the Premises) for any and all materials, pollutants, irritants, contaminants and Hazardous Materials existing in, on, under, or emanating from the soil, surface water, groundwater or subsurface at the Premises, in each case that existed at the Site solely prior to the Commencement Date (“Pre-Existing Environmental Contamination”).