Additional Environmental Provisions. The following statutes are hereby deemed to be included in the definition of Environmental Laws as that term is used throughout this Deed of Trust: the Porter-Cologne Water Control Act; the Waste Management Act of 1980; txx Xxxic Pit Cleanup Act; the Underground Tank Act of 1984; the California Water Quality Improvement Act; and California Health and Safety Codes ss.ss. 25117 and 25316. [NO FURTHER TEXT ON XXXX PAGE]
Additional Environmental Provisions. If Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the property, or otherwise learns of any release or presence of any hazardous waste or hazardous substance on any portion of the Property, Seller shall immediately notify the City of such fact. In addition, the City or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time the City in its sole and irrevocable discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, the City may terminate this agreement effective immediately.
Additional Environmental Provisions. (a) TDCC shall control the resolution of any Pre-Closing Environmental Liability that is the subject of Splitco’s indemnification obligations hereunder, including conducting any Remedial Action or corrective action, and negotiating with any Governmental Authority or other third party. TDCC shall keep Corning and Splitco reasonably apprised of any material developments relating to the resolution of any such Pre-Closing Environmental Liability, including forwarding to Corning and Splitco copies of any material reports generated in connection therewith. Splitco shall have the right, at its sole cost and expense, to reasonably participate in the management of the resolution of any Pre-Closing Environmental Liability. Such participation shall include: (i) the right to receive in advance of submission copies of all material reports, workplans and analytical data submitted to Governmental Authorities, material notices or other letters or documents received from Governmental Authorities, any other documentation and correspondence materially bearing on the claim, and notices of material meetings; (ii) the opportunity to attend such material meetings; and (iii) the right to reasonably consult regarding material actions, including the selection and retention of environmental consultants and actions related to the investigation, remediation or corrective action with respect to such Pre-Closing Environmental Liability.
(b) Splitco’s indemnification obligations with respect to Losses for the conduct of any Remedial Actions (“Remediation Losses”) shall be limited to such Remedial Actions that are (i) required by Environmental Law, including any investigations that result in or give rise to other legally-required Remedial Actions, or (ii) reasonably necessary to defend or respond to a Third Party Claim. TDCC shall conduct any such Remedial Action in a reasonably cost effective manner (“Reasonably Cost Effective Manner”). The Reasonably Cost Effective Manner shall be limited to the least stringent clean-up standards that, based upon the use classification (industrial, commercial or residential) of a subject site, as of the Closing Date, are allowed under applicable Environmental Law, and the least costly methods that are allowed under applicable Environmental Law and that are approved by, or are otherwise acceptable to, applicable Governmental Authorities, employing where applicable risk based remediation standards, deed restrictions and institutional controls. The Reasona...
Additional Environmental Provisions. Any reference in this Instrument or in any other Loan Document to Section 18 of this Instrument shall be construed as referring together to Section 18 and this Section 47. In addition to the representations and warranties of Borrower in Section 18, Borrower represents, warrants, and covenants as follows:
(a) [Select appropriate version of (a): None of the real property owned and/or occupied by the Borrower and located in New Jersey, including the Mortgaged Property, has been used, is now being used, or, without the prior express written consent of Lender, will in the future be used as a "Major Facility," as that term is defined in N.J.S.A. 58:10-23.11b. Certain real property owned by the Borrower and located in New Jersey is now used or was used in the past as a Major Facility and the Borrower has furnished the New Jersey Department of Environmental Protection with all the information required by N.J.S.A. 58:10-23.11d1 through 11d17 inclusive with respect to that property. The Borrower hereby covenants and agrees that, so long as the Borrower owns or operates any real property located in New Jersey which is used as a Major Facility, the Borrower shall duly file or cause to be filed with the Director or the Division of Taxation in the New Jersey Department of the Treasury, a tax report or return and shall pay or make provision in accordance with and pursuant to N.J.S.A. 58:10-23.11h.]
(b) If any real property owned by the Borrower and located in New Jersey, including the Mortgaged Property, is used in the future, with the prior express written consent of Lender, as a Major Facility, then the Borrower shall furnish the New Jersey Department of Environmental Protection with all the information required by N.J.S.A. 58:10-23.11d1 through 11d17 inclusive with respect to that property. The Borrower further covenants and agrees that, so long as the Borrower owns or operates any real property located in New Jersey which is used as a Major Facility, the Borrower shall duly file or cause to be filed with the Director or the Division of Taxation in the New Jersey Department of the Treasury, a tax report or return and shall pay or make provision in accordance with and pursuant to N.J.S.A. 58:10-23.11h.
(c) No lien has been attached to any revenues or any real or any personal property owned by the Borrower and located in New Jersey, including the Mortgaged Property, as a result of the administrator of the New Jersey Spill Compensation Fund expending monies from such fun...
Additional Environmental Provisions. Sellers shall not store, generate, treat, transport, install, dump, handle, or place in, on or about any portion of the Property any hazardous waste or hazardous substance. If Sellers receive any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the property, or otherwise learns of any release or presence of any hazardous waste or hazardous substance on any portion of the Property, Sellers shall immediately notify City of such fact. In addition, City or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time City in its sole and unrevocable discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, City may terminate this agreement effective immediately. Sellers' Initials
Additional Environmental Provisions. To the Knowledge of the Borrower, no asbestos or asbestos-containing materials have been installed, used, incorporated into, or disposed of on the Land; no storage tanks, either underground or above-ground, are located on the Land or were located on the Land and subsequently removed or filled, except those tanks that have been disclosed to Lender, and which are and will be in compliance with the provisions and standards of the all Applicable Laws related to underground storage tanks; and to the Knowledge of the Borrower, no Environmental Claim is proposed, threatened, anticipated or in existence with respect to the Land.
Additional Environmental Provisions. 10.1 Without in any manner limiting any other environmental provisions contained herein or in any of the other Loan Documents, the following environmental provisions shall apply to Borrower, the Project and the Premises:
10.2 Borrower shall comply with all applicable Environmental Laws in a timely manner.
10.3 Borrower shall provide to the Bank, promptly upon receipt, copies of any correspondence, notice, pleading, citation, indictment, complaint, order, decree or other document from any source asserting or alleging a circumstance or condition which requires or may require a financial contribution by Borrower or any person or a cleanup, removal, remedial action or other response by or on the part of Borrower or any other person under applicable Environmental Laws or which seeks damages or civil, criminal or punitive penalties from Borrower or any other person for an alleged violation of Environmental Laws.
10.4 Borrower shall promptly notify the Bank in writing as soon as Borrower becomes aware of any condition or circumstance which makes the environmental warranties or representations in this Agreement incomplete or inaccurate as of any date.
10.5 In the event of any condition or circumstance that makes any environmental warranty, representation and/or agreement materially incomplete or materially inaccurate as of any date, Borrower shall, at its sole expense, retain an environmental professional consultant, reasonably acceptable to the Bank, to conduct a thorough and complete environmental audit regarding the changed condition and/or circumstance and any environmental concerns arising from that changed condition and/or circumstance. A copy of the environmental consultant’s report will be promptly delivered to the Bank upon completion.
10.6 At any time Borrower, directly or indirectly through any professional consultant or other representative, determines to undertake an environmental audit, assessment or investigation, Borrower, shall promptly provide the Bank with written notice of the initiation of the environmental audit, fully describing the purpose and intended scope. Upon receipt, Borrower, will promptly provide to the Bank copies of all final findings and conclusions of any such environmental investigation. Preliminary findings and conclusions shall be provided if final reports have not been completed and delivered to the Bank within sixty (60) days following completion of the preliminary findings and conclusions.
10.7 Borrower hereby indemnifies ...
Additional Environmental Provisions. 21 ------------- ------------------------------------ ARTICLE 10.
Additional Environmental Provisions. (a) Landlord shall include a provision in all other leases in the Building (except for leases with affiliates of Landlord) providing in substance that such tenant shall be responsible in connection with environmental matters in substantially the same manner and extent as Tenant is responsible under Section 9.4 (or, at Landlord's option, such tenant shall have greater responsibilities than Tenant in connection with environmental matters). Upon written notice from Tenant, Landlord shall use diligent efforts to enforce such provision against such tenant (consistent with the provisions of that tenant's lease) if the violation thereof causes significant harm to Tenant or to the Premises.
(b) If it should be necessary to undertake any removal, clean-up, restoration or remediation work in order for the Real Property to comply with Environmental Requirements, and the need to comply does not result from any actions or omissions of Landlord or Tenant or their affiliates, or their respective employees, agents, representatives or contractors, or the need to comply results from the actions or omissions of any other tenant or occupant in the Building (other than Landlord and its affiliates), or their respective employees, agents, representatives or contractors, and such entities fail to assume the financial responsibility to comply with Environmental Requirements, then Landlord shall assume the financial responsibility for compliance with such Environmental Requirements (including reasonable legal fees). Landlord shall bill Tenant for Tenant's Proportionate Share of such expenditures, xxxs interest at the Interest Rate amortized equally over a period of seven and one-half (7 1/2) years, provided Tenant shall not be responsible for any unpaid portion after the Expiration Date. Subject to Section 9.6(c), Tenant shall pay such amounts to Landlord as Additional Rent within twenty (20) days after receipt of Landlord's Statement setting forth Tenant's Proportionate Share.
(c) At such time as Tenant has paid Six Million and 00/100 Dollars ($6,000,000.00), plus applicable interest at the Interest Rate under Section 9.6(b), Tenant may give Landlord written notice advising Landlord that it will terminate the Lease because it is unwilling to pay any further amounts under Section 9.6(c). If within thirty (30) days after such notice, Landlord does not advise Tenant that it will assume Tenant's share in excess of Six Million and 00/100 Dollars plus interest at the Interest Rate, then...
Additional Environmental Provisions
