definiens: means ( i ) out - of - pocket expenses incurred after the Closing Date to implement a Damage Control Measure, including without limitation the techn'ical and analytical costs, excavations, transportation~ storage, disposal, and treatment of polluted soil and groundwater, and ( ii ) costs and expenses, including fees, disbursements and expenses for legal counsel, experts and engineers related to the foregoing and incurred after the Closing Date ; provided that costs and damages under ( i ) above are not resulting from ( A ) any change of usc of a real estate, with the exception of any Full Closure or Partial Closure, or ( B ) a sale with tbe intention of or eventually causing a change of use of a real estate after the Closing Date, if such changed use or such sale pursuant to ( A ) or ( B ) requires the observation of higher enviromnental standards, and further provided that costs and damages under ( i ) above Confidential Treatment Requested 5 are kept as low as possible consistent with applicable requirements of Environmental Law and Penn its ; and finally provided that costs under ( ii ) above are commercially reasonably incurred . Expressly excluded from any costs or expenses outlined above are ( i ) internal administrative and overhead costs of implementation of Damage Control Measures and ( ii ) any damages resulting from any business intemlption ( including loss of profits ) . In the event that a Damage Control Measure is undertaken as part of a construction project, only the additional expenses incurred in connection with such construction project on account of the Environmental Contamination shall be considered a Damage Control Expense