Soil Contamination Clause Samples

The Soil Contamination clause defines the responsibilities and procedures related to the discovery or presence of contaminated soil on a property. Typically, it outlines which party is responsible for testing, remediation, and reporting if hazardous substances are found in the soil during construction or property transfer. For example, the clause may require the seller to disclose known contamination or obligate the buyer to conduct environmental assessments before closing. Its core function is to allocate risk and clarify liability for environmental issues, thereby protecting both parties from unexpected costs or legal exposure related to soil contamination.
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Soil Contamination. The LESSEE who carries out any potentially contaminating activity, of those provided for in Law 5/2013 of 13 June 2013, Law 22/2011 of 28 July and Royal Decree 9/2005 of 14 January, or in the legislation in force, is obliged to provide the LESSOR with a copy of the preliminary situation report or complementary reports or situation reports referred to in article 3 of the aforementioned regulatory provision. In the event of the administrative declaration of contaminated land, the LESSEE assumes the obligation to communicate to the LESSOR the notifications received, both of procedural acts and of resolutions of the administrative procedures referred to in article 4 of royal decree 9/2005, of 14 January, and shall carry out the actions that may be appropriate in application of article 7 of the aforementioned regulation. The LESSEE shall at all times be liable to the LESSOR for the liabilities required in application of the aforementioned regulations or any other that may replace them, with the obligation to compensate the property for any damage or harm caused by the infringement of the regulations or the contamination of the soil produced by the activity carried out by the LESSEE. For the appropriate purposes, a soil and groundwater quality report and a risk analysis report are attached as annex number 5. In any case, upon termination of the lease, the LESSEE shall draw up a status report on soil and water pollution and shall be charged the costs of carrying out all the decontamination work required to comply with the regulations in force at any given time in this area. During the time the decontamination work is being carried out, the LESSEE shall continue to pay the agreed rent.
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Soil Contamination. In the event that any preexisting contamination in the soils beneath the building in which the Leased Premises are located and affecting the construction or use of the Leased Premises is discovered following the date of this Lease, and if the same requires remediation pursuant to any applicable law, rule, regulation or order of any governmental agency having jurisdiction over the same, or otherwise in the judgment of Landlord, then, Landlord shall promptly remediate the same at Landlord’s sole cost and expense and, if Landlord is required to enter into the Leased Premises or if such remediation measures require the disruption of Tenant’s use of the Leased Premises, the parties agree that to the extent that Tenant is unable to use the Leased Premises for Permitted Uses under this Lease, the Minimum Rent and Other Charges payable by Tenant hereunder shall equitably ▇▇▇▇▇ in proportion to the extent of the Leased Premises so affected for the period of any such interruption.
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Soil Contamination. Total petroleum hydrocarbons (TPH); benzene, toluene, ethyl benzene, and xylenes (B1EX); metals; polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs); semivolatile organic compounds (SVOCs); and other VOCs such as 1,1,1-TCA, 1,1,-DCE, methylene chloride, and acetone have been detected in soil at the NRP: Contaminated soil at NRP is primarily a result of previous leaks from underground storage tanks (USTs). Releases associated with the USTs are being actively investigated or monitored. Other sources that may have contributed to soil contamination at the Site include sumps and oil/water separators, storage of hazardous wastes, a paint facility, capacitors, transformers, fuel pits, high-speed fuel hydrants, and a fuel pier. Most of the USTs, oil/water separators, and sumps, and surrounding contaminated soils at the Site have been removed (HLA, 2000a; ▇▇▇▇▇▇▇ ESE, 200Ja, b). Exposure to soil contamination was not evaluated; instead, applicable TCLs are presented in Section 6.4.
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Soil Contamination. The Borrower has identified limited petroleum contamination of soils adjacent to Plant 3 believed to be related to an historical release. Contaminated soil was removed, except for a small amount of inaccessible soil along the foundation wall. Under the auspices of the WDNR the over-excavation was sampled along all four (4) sides and the base with all results below s. NR
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Soil Contamination. 8.1 The Municipality declares that it is aware of the use which Thomas Regout Inte▇▇▇▇▇▇▇▇▇ ▇▇▇/▇▇ ▇▇▇ ▇llied companies currently makes and has made of the property in the past, and that it has taken note of the soil inspection reports, as mentioned in detail in the letter dated December 14th, 2001 and in particular the `Nader bodemonderzoek ▇▇-1 te Maastricht' of November 20, 1998, drawn up by Tebodin B.V. 8.2 The Municipality hereby accepts the property together with the present soil contamination, and any soil contamination which may be caused by Thomas Regout International'▇ ▇▇▇/▇▇ ▇▇y allied companies normal business operations. 8.3 Thomas Regout International a▇▇/▇▇ ▇▇▇ ▇▇▇ied companies is only liable for contamination and required to compensate the resulting decontamination costs, if there is question of a serious soil contamination within the meaning of the `Wet Bodemverontreiniging' [the Dutch Soil contamination Act] which is caused after the signing date of the present agreement as a result of a deliberate act or omission by Thomas Regout International ▇▇▇/▇▇ ▇▇ ▇iolation of the environmental permit and which is such that decontamination is urgent on the basis of the current use of the property. 8.4 The Municipality will indemnify Thomas Regout International a▇▇/▇▇ ▇▇▇ allied companies against liability for existing soil contamination against thirds, the Kingdom of the Netherlands included.
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Soil Contamination. The Borrower recently identified limited petroleum contamination of soils adjacent to Plant 3 believed to be related to an historical release. Contaminated soil was removed, except for a small amount of inaccessible soil along the foundation wall. The Borrower is engaged in further site investigation under the auspices of the WDNR to determine what if any further investigation is warranted as to the extent and degree of any vapor intrusion at the site. This site meets the criteria for classification as a NR 700.09 "Simple Site" and Twin Disc, Inc. has received "No Further Action" Status under NR 708.09. The case is considered closed by the WDNR.
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Related to Soil 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.

  • 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.

  • 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 Substance The term “Hazardous Substance” shall mean any hazardous or toxic substances, materials or wastes, or pollutants or contaminants as defined, listed or regulated by any Environmental Law or by common law decision including, without limitation, chlorinated solvents; petroleum products or by products; asbestos; and polychlorinated biphenyl.