definiens: means any claim, demand, liability, responsibility, damages ( including, without limitation, property damages, personal injury or natural resource damages ), fees ( including, without limitation, attorney andconsultant fees ), costs ( including, without limitation, sampling or investigatory costs, cleanup, equipment, infrastructure, capital expenditures, corrective action or other response costs ) or expenses of any type or naturearising pursuant to or in connection with ( i ) the noncompliance matters identified in Sections 1.3 and 1.4 and morefully discussed in Sections 4.1 and 4.2 of Ramboll ’s Phase I Environmental Site Assessment and ComplianceReview Report dated November 2018 ( the ) and including, without limitation : ( a ) with the design and installation of a wastewater discharge treatment system, which installationcosts have been estimated at ( but may exceed ) $ 480,000, as necessary to achieve compliance with the wastewaterdischarge standards ( effluent limitations ) in effect as of the Closing Date applicable to the wastewater dischargesfrom the Tanok facility ; ( b ) development, obtaining, and implementation of a regulatory - approved Environmental RiskAssessment and Accident Prevention Program permit which shall include, at a minimum, common industrial safetypractices ; ( c ) achieving and demonstrating compliance with applicable air emission standards in effect as of theClosing Date which shall include, at a minimum, installation of monitoring ports and a testing platform and theperformance of air sampling ; and ( d ) achieving compliance with Environmental Laws pertaining to occupationalchemical exposure which shall include, at a minimum, conducting a chemical exposure assessment andimplementation of appropriate response measures as warranted, ( ii ) Tanok ’s failure to obtain the EnvironmentalImpact Assessment permit for which an application was submitted in October, 2018 ( the ) 1 including, without limitation, any costs associated with any shutdown or partial shutdown of the facility as a result of the failureto obtain such permit, and ( iii ) the item described in the third bullet point of Section ( d ) of Schedule 3.21 of theDisclosure Schedule ( relating to industrial park requirements regarding a construction EIA approval resolution, vegetation buffer and monitoring station ) . also means any claims, damages, fines, penalties orregulatory sanctions imposed as a result of a Company ’s failure, prior to the Closing, to demonstrate, obtain, orachieve compliance with respect to the foregoing matters