Common use of Certain Environmental Matters Clause in Contracts

Certain Environmental Matters. Except as disclosed in Schedule 3.15, (a) OSI has complied in all material respects, and remains in compliance in all material respects, with the provisions of all Environmental Laws applicable to OSI or any of its presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI of all sites presently owned or operated by OSI where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those Environmental Laws) at, from, in or on any site owned or operated by OSI has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that release had not occurred; (c) OSI (or any agent or contractor of OSI) has not transported or arranged for the transportation of any solid wastes, hazardous wastes or hazardous substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereof, any off-site location that could lead to any claim against OSI, T-NDE or any Subsidiary of T-NDE, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist on or under any of the properties owned or operated by OSI from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI has provided T-NDE with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI respecting any facility, site or other property presently owned or operated by OSI.

Certain Environmental Matters. Except as accurately disclosed in Schedule 3.15, Section 4.15 of the Disclosure Statement: (a) OSI has complied in all material respectsto the knowledge of the Company, the Company and each Company Subsidiary have complied, and remains are in compliance in all material respectscompliance, with the provisions of all Environmental Laws applicable to OSI any of them or any of its their respective presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI the Company and each Company Subsidiary of all sites presently owned or operated by OSI any of them where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those the applicable Environmental Laws) at, from, in or on any site owned or operated leased by OSI the Company or any Company Subsidiary has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that the release had not occurred; (c) OSI (or neither the Company nor any agent or contractor of OSI) Company Subsidiary has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that reasonably could be expected to lead to any valid claim against OSIthe Company, T-NDE any Company Subsidiary, OEI or any Subsidiary of T-NDENewco, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist exist, or, to the knowledge of the Company, has existed, on or under any of the properties owned or operated by OSI the Company or any Company Subsidiary from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI The Company has provided T-NDE OEI with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company or any Company Subsidiary respecting any facility, site or other property presently now or previously owned or operated by OSIthe Company and each Company Subsidiary.

Certain Environmental Matters. Except as disclosed in set forth on Schedule 3.154.24 hereto, (a) OSI to the knowledge of the Company, the Company Group has complied in all material respectscomplied, and remains in compliance in all material respectscompliance, with the provisions of all Environmental Laws (as defined below) applicable to OSI it or any of its presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI the Company Group of all sites presently owned or operated by OSI any of it where Solid Wastes, Hazardous Wastes or Hazardous Substances (as defined below) have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those the applicable Environmental Laws) at, from, in or on any site owned or operated by OSI the Company Group has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that the release had not occurred; (c) OSI (or any agent or contractor of OSI) the Company has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that could lead to any valid claim against OSIthe Company, T-NDE Purchaser or any Subsidiary of T-NDENewco, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under the Comprehensive Environmental Response, Conservation and Liability Act of 1980 ("CERCLA"); and (d) no storage tanks exist exist, or, to the knowledge of the Company, have existed, on or under any of the properties owned or operated by OSI the Company Group from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI has provided T-NDE with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI respecting any facility, site or other property presently owned or operated by OSI.any

Certain Environmental Matters. Except as accurately disclosed in Schedule 3.154.16 of the Disclosure Statement, (a) OSI has complied in all material respectsto the knowledge of the Company and the Management Stockholders, the Company and each Company Subsidiary have complied, and remains remain in compliance in all material respectscompliance, with the provisions of all Environmental Laws applicable to OSI any of them or any of its their respective presently owned or operated facilities, sites sites, or other properties, businesses businesses, and operations and which relate to the reporting by OSI of all sites presently owned or operated by OSI where Solid Wastesoperations; (b) except as accurately disclosed in Schedule 4.16(b), Hazardous Wastes or no Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those Environmental Laws) released at, from, in in, or on any site owned or operated by OSI has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities Company or other consequences that would not be any Company Subsidiary in violation of applicable if that release had not occurredEnvironmental Laws; (c) OSI except as accurately disclosed in Schedule 4.16(c), neither the Company nor any Company Subsidiary (or any agent or contractor of OSIeither) has not transported or arranged for the transportation of any solid wastes, hazardous wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Hazardous Substances at, any off-site location that could lead to any claim against OSIthe Company, T-NDE any Company Subsidiary, IDG, or any Affiliate or Subsidiary of T-NDEIDG, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury injury, or property damage, including any claim under CERCLAEnvironmental Laws; and (d) except as accurately disclosed in Schedule 4.16(d), no storage tanks existed or exist on or under any of the properties owned owned, leased, or operated by OSI the Company or any Company Subsidiary from which any Solid Wastes, Hazardous Wastes or Hazardous Substances could have been released into the surrounding environment. OSI The Company has provided T-NDE IDG with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews reviews, inspections, and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company or any Company Subsidiary respecting any facility, site site, or other property presently owned owned, leased, or operated by OSIthe Company or any Company Subsidiary.

Certain Environmental Matters. Except as accurately disclosed in Schedule 3.15, Section 4.15 of the Disclosure Statement: (a) OSI has complied in all material respectsto the knowledge of the Company, the Company and each Company Subsidiary have complied, and remains remain in compliance in all material respectscompliance, to the knowledge of the Company, with the provisions of all Environmental Laws applicable to OSI any of them or any of its their respective presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI the Company and each Company Subsidiary of all sites presently owned or operated by OSI any of them where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those the applicable Environmental Laws) at, from, in or on any site owned or operated by OSI the Company or any Company Subsidiary has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that release had not occurred; (c) OSI (or neither the Company nor any agent or contractor of OSI) Company Subsidiary has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that could lead to any valid claim against OSIthe Company, T-NDE any Company Subsidiary, TMI or any Subsidiary of T-NDENewco, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist on or under any of the properties owned or operated by OSI the Company or any Company Subsidiary from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI The Company has provided T-NDE TMI with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company or any Company Subsidiary respecting any facility, site or other property presently owned or operated by OSIthe Company and each Company Subsidiary.

Certain Environmental Matters. Except as accurately disclosed in Schedule 3.15, Section 4.15 of the Disclosure Statement: (a) OSI has complied in all material respectsto the knowledge of the Company, the Company and each Company Subsidiary have complied, and remains remain in compliance in all material respectscompliance, to the knowledge of the Company, with the provisions of all Environmental Laws applicable to OSI any of them or any of its their respective presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI the Company and each Company Subsidiary of all sites presently owned or operated by OSI any of them where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those Environmental Laws) at, from, in or on any site owned or operated by OSI the Company or any Company Subsidiary has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that release had not occurred; (c) OSI neither the Company nor any Company Subsidiary (or any agent or contractor of OSIeither) has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that could lead to any claim against OSIthe Company, T-NDE any Company Subsidiary, ARS or any Subsidiary of T-NDENewco, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist on or under any of the properties owned or operated by OSI the Company or any Company Subsidiary from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI The Company has provided T-NDE ARS with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company or any Company Subsidiary respecting any facility, site or other property presently owned or operated by OSIthe Company and each Company Subsidiary.

Certain Environmental Matters. Except as accurately disclosed in Schedule 3.15, SCHEDULE 4.15: (a) OSI to the knowledge of the Company, the MTM Stockholders and the Stockholder, the Company has complied in all material respectscomplied, and remains in compliance in all material respectscompliance, with the provisions of all Environmental Laws applicable to OSI it or any of its presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI the Company of all sites presently owned or operated by OSI it where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those the applicable Environmental Laws) at, from, in or on any site owned or operated by OSI the Company has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that the release had not occurred; (c) OSI (or any agent or contractor of OSI) the Company has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that could lead to any valid claim against OSIthe Company, T-NDE Purchaser or any Subsidiary of T-NDEMerger Sub, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist exist, or, to the knowledge of the Company, the MTM Stockholders and the Stockholder, have existed, on or under any of the properties owned or operated by OSI the Company from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI The Company has provided T-NDE Purchaser with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on its behalf, or which otherwise are in the possession, of OSI the Company respecting any facility, site or other property presently now or previously owned or operated by OSIthe Company.

Certain Environmental Matters. Except as accurately disclosed in Schedule 3.15, Section 4.15 of the Disclosure Statement: (a) OSI to the knowledge of the Company, the Company has complied in all material respectscomplied, and remains in compliance in all material respectscompliance, with the provisions of all Environmental Laws applicable to OSI it or any of its it presently owned or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI the Company of all sites presently owned or operated by OSI any of it where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those the applicable Environmental Laws) at, from, in or on any site owned or operated by OSI the Company has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that the release had not occurred; (c) OSI (or any agent or contractor of OSI) the Company has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that could lead to any valid claim against OSIthe Company, T-NDE Purchaser or any Subsidiary of T-NDENewco, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist exist, or, to the knowledge of the Company, has existed, on or under any of the properties owned or operated by OSI the Company from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI The Company has provided T-NDE Purchaser with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company respecting any facility, site or other property presently now or previously owned or operated by OSIthe Company.

Certain Environmental Matters. Except as disclosed in Schedule 3.154.20, (ai) OSI has complied in all material respectsno Company (A) is aware of, and remains has not received notice or otherwise learned of, any Environmental Complaint or Environmental Liability which could individually or in the aggregate have a Material Adverse Effect, (B) has no threatened or actual liability (contingent, direct or otherwise) in connection with the release or threatened release, generation, handling, treatment, storage, disposal or transportation of any Hazardous Material, or other substance which could individually or in the aggregate have a Material Adverse Effect, (C) is not aware of, and has not received notice or otherwise learned of, any federal or state investigation evaluating whether any remedial action is needed to respond to a release or threatened release, and/or the generation, handling, treatment, storage, disposal or transportation of any Hazardous Material for which such Company is or may be liable, (D) is not in violation of any Judgment or Litigation based upon Environmental Laws, or subject to any such Judgment or Litigation, (E) has, in full force and effect, all permits, licenses, approvals and other authorizations necessary for the use and operation of its Property, including, the generation, handling, treatment, storage, disposal, transportation or release of any Hazardous Material, and (F) is in compliance in all material respects, with the provisions of all Environmental Laws applicable to OSI or any of its presently owned or operated facilitiesLaws, sites or other properties, businesses and operations and which relate except to the reporting by OSI of all sites presently owned or operated by OSI where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those Environmental Laws) at, from, in or on any site owned or operated by OSI has occurred which, if all relevant facts were known extent the failure to the relevant Governmental Authorities, so comply could not reasonably could be expected to require remediation have a Material Adverse Effect or to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that release had not occurred; (c) OSI (or result in any agent or contractor of OSI) has not transported or arranged for the transportation of any solid wastes, hazardous wastes or hazardous substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereof, any off-site location that could lead reasonably be expected to any claim against OSI, T-NDE or any Subsidiary of T-NDE, as have a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLAMaterial Adverse Effect; and (dii) no storage tanks exist on or under all Properties of each Company are free from any of the properties owned or operated by OSI from which any Solid Wastes, Hazardous Wastes or Hazardous Substances Material and Environmental Liens. There have been released into the surrounding environment. OSI has provided T-NDE with copies (or if not available, accurate written summaries) of all no environmental investigations, studies, audits, tests, reviews and or other analyses conducted by or on behalfbehalf of, or which otherwise are in the possessionpossession or knowledge of, any Company, or any of OSI respecting such Company's predecessors, in relation to any facility, site Property now or other property presently previously owned or operated leased by OSI.such Company, or any of such Company's predecessors, which have not been (y) made available to any Bank or its agents, employees or contractors and (z) listed in Schedule 4.20. No Company

Certain Environmental Matters. Except as disclosed in Schedule 3.15Since January 23, 1984, and to the knowledge of the Selling Stockholders prior to that date, (a) OSI has complied except as accurately disclosed in all material respectsSchedule 4.15(a), the Company and each Company Subsidiary have complied, and remains remain in compliance in all material Material respects, with the provisions of all Environmental Laws applicable to OSI any of them or any of its their respective presently owned or operated facilities, sites sites, or other properties, businesses businesses, and operations and which relate to the reporting by OSI of all sites presently owned or operated by OSI where Solid Wastesoperations; (b) except as accurately disclosed in Schedule 4.15(b), Hazardous Wastes or no Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those Environmental Laws) released at, from, in in, or on any site owned or operated by OSI has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities Company or other consequences that would not be any Company Subsidiary in violation of applicable if that release had not occurredEnvironmental Laws; (c) OSI except as accurately disclosed in Schedule 4.15(c), neither the Company nor any Company Subsidiary (or any agent or contractor of OSIeither) has not transported or arranged for the transportation of any solid wastes, hazardous wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Hazardous Substances at, any off-site location that could lead to any claim against OSIthe Company, T-NDE any Company Subsidiary, IDG, or any Affiliate or Subsidiary of T-NDEIDG, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury injury, or property damage, including any claim under CERCLAEnvironmental Laws; and (d) except as accurately disclosed in Schedule 4.15(d), no storage tanks existed or exist on or under any of the properties owned owned, leased, or operated by OSI the Company or any Company Subsidiary from which any Solid Wastes, Hazardous Wastes or Hazardous Substances could have been released into the surrounding environment. OSI The Company has provided T-NDE IDG with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews reviews, inspections, and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company or any Company Subsidiary respecting any facility, site site, or other property presently owned owned, leased, or operated by OSIthe Company or any Company Subsidiary.

Certain Environmental Matters. Except To the best knowledge of the Company and its officers, except as disclosed in Schedule 3.15, 2.14: (a) OSI the Company has complied in all material respects, and remains in compliance in all material respects, with the provisions of all Environmental Laws applicable to OSI the Acquired Business or any of its presently owned or operated facilities, sites or other properties, businesses and operations the Assets and which relate to the reporting by OSI the Company of all sites presently owned or operated by OSI it and included (or a lease of which is included) in the Assets where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of or otherwise handled; (b) no release (as defined in those Environmental Laws) at, from, in or on any site owned or operated by OSI the Company and included (or a lease of which is included) in the Assets has occurred which, if all relevant facts were known to the relevant Governmental Authorities, reasonably could be expected to require remediation to avoid deed record notices, restrictions, liabilities or other consequences that would not be applicable if that release had not occurred; (c) OSI (or neither the Company nor any agent or contractor of OSI) the Company has not transported or arranged for the transportation of any solid wastesSolid Wastes, hazardous wastes Hazardous Wastes or hazardous substances Hazardous Substances to, as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereofof any Solid Wastes, Hazardous Wastes or Hazardous Substances at, any off-site location that could lead to any claim against OSIthe Acquired Business, T-NDE Purchaser or any Subsidiary of T-NDEPurchaser, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist on or under any of the properties owned or operated by OSI the Company and included (or a lease of which is included) in the Assets from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI The Company has provided T-NDE Purchaser with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI the Company respecting any facility, site or other property presently owned or operated by OSIthe Company and included (or a lease of which is included) in the Assets.

Certain Environmental Matters. Except as disclosed in Schedule 3.15, (a) OSI (i) The Borrower is not in material violation (and has complied not received any notice that it is in all material respectsviolation) of any Environmental Law and has not in the past been in material violation of any Environmental Law, which violation remains unresolved, (ii) the Borrower has not (and remains in compliance in all material respects, with the provisions of all Environmental Laws applicable to OSI has not received any notice that it or any of its presently owned third party has) used, Released, discharged, generated, manufactured, produced, stored or operated facilities, sites or other properties, businesses and operations and which relate to the reporting by OSI of all sites presently owned or operated by OSI where Solid Wastes, Hazardous Wastes or Hazardous Substances have been treated, stored, disposed of in, on, under or otherwise handled; (b) no release (as defined in those affecting the Project Properties or the improvements or any other Real Property owned, operated or leased by the Borrower, or transported thereto or therefrom, any Materials of Environmental Laws) at, from, in or on any site owned or operated by OSI has occurred which, if all relevant facts were known to the relevant Governmental Authorities, Concern that would reasonably could be expected to require remediation subject the Borrower to avoid deed record noticesliability or interfere with the Project, restrictions(iii) to the knowledge of the Borrower after reasonable inquiry, liabilities there are no species of organism protected under any applicable Environmental Laws, historical or cultural artifacts, wetlands or underground tanks (whether operative or temporarily or permanently closed) located on the Substation Sites or the improvements thereon or, to the knowledge of the Borrower, any other consequences that Real Property owned, operated or leased by the Borrower, the presence of which would not be have a material impact on the Project and (iv) there are no Materials of Environmental Concern used, stored or present at, on or affecting the Substation Sites or the improvements thereon or to the knowledge of the Borrower, any other Real Property owned, operated or leased by the Borrower other than those Materials of Environmental Concern used, stored or otherwise managed in material compliance with the requirements of all applicable if that release had not occurred; (c) OSI (or any agent or contractor of OSI) has not transported or arranged for the transportation of any solid wastes, hazardous wastes or hazardous substances to, as such terms are defined in the Comprehensive Environmental Response, CompensationLaws, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976, or disposed or arranged for the disposition thereof, any off-site location in a manner that could lead not reasonably be expected to result in any claim against OSI, T-NDE or any Subsidiary of T-NDE, as a potentially responsible party or otherwise, for any clean-up costs, remedial work, damage material liability to natural resources, personal injury or property damage, including any claim under CERCLA; and (d) no storage tanks exist on or under any of the properties owned or operated by OSI from which any Solid Wastes, Hazardous Wastes or Hazardous Substances have been released into the surrounding environment. OSI has provided T-NDE with copies (or if not available, accurate written summaries) of all environmental investigations, studies, audits, reviews and other analyses conducted by or on behalf, or which otherwise are in the possession, of OSI respecting any facility, site or other property presently owned or operated by OSIBorrower.