Compliance with Applicable Environmental Laws Sample Clauses

Compliance with Applicable Environmental Laws. Except as would not reasonably be expected to have a Material Adverse Effect, neither the Collateral nor the Borrower, or any other real estate owned or leased by the Borrower, is in violation of or subject to any existing, pending, or to the best of the Borrower’s knowledge, threatened investigation or inquiry by any governmental authority or any remedial obligations under any Applicable Environmental Law, and there are no facts, conditions or circumstances known to the Borrower which would result in any such investigation or inquiry if such facts, conditions or circumstances, if any, were fully disclosed to the applicable governmental authority. The Borrower has obtained, or will properly obtain, all permits, licenses, or similar authorizations required under Applicable Environmental Laws in order to construct, occupy, operate and use the Projects and all other Collateral, except as would not reasonably be expected to have a Material Adverse Effect.
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Compliance with Applicable Environmental Laws. The Facilities have been maintained by Seller in compliance with all applicable federal, state and local laws, statutes, ordinances, regulations, rules, judgments, orders, notice requirements, court decisions, agency guidelines or principles of law, restrictions and licenses with respect to the Facilities in effect on the Closing Date, which (i) regulate or relate to the protection or clean-up of the environment, the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials (whether gas, liquid or solid), the preservation or protection of waterways, groundwater, drinking water, air, wildlife, plants or other natural resources, or the health and safety of persons or property, including, without limitation, protection of the health and safety of employees or (ii) impose liability with respect to any of the foregoing, including, without limitation, the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.). Resource Conservation & Recovery Act (42 U.S.C. § 6901 et seq.) (“RCRA”), Safe Drinking Water Act (21 U.S.C. § 349, 42 U.S.C. §§ 201, 300f), Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), Clean Air Act (42 U.S.C. § 7401 et seq.). Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.) (“CERCLA”), or any other similar federal, state or local law of similar effect, each as amended (collectively, “Environmental Laws”).
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Compliance with Applicable Environmental Laws. Neither Seller nor, to the Seller's actual knowledge, any other person, has released, discharged, placed or disposed of or incorporated into the Property, or improvements thereon, any hazardous materials, substances or wastes which as of the Closing Date violate any applicable federal, state and local statutes, regulations, ordinances and requirements, now in effect, pertaining to environmental protection, contamination or clean up, including without limitation: (i) the Federal Water Pollution Control Act, Federal Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.); (ii) the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.); (iii) the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.); (iv) Federal Clean Air Act (42 U.S.C., Section 74-01-7626), Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978 (7 U.S.C. Section 136, et seq.), Federal Toxic Substance Control Act (15 U.S.C., Section 2601, et seq.), Federal Safe Drinking Water Act (42 U.S.C., Section 300(f), et seq.); and all applicable environmental laws of the State of Louisiana, all as now or hereafter amended (collectively the "Environmental Laws") relating to environmental and hazardous materials, substances or wastes (as defined from time to time under any applicable federal, state or local laws, regulations or ordinances) on, in or at the Real Property. To Seller's actual knowledge, no hazardous materials, substances or wastes in violation of applicable law are located on the Property or have been incorporated into the Property. To Seller's actual knowledge no underground storage tank has existed on, under, in or about the Property or has been or is now located on the Property.
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Compliance with Applicable Environmental Laws. A. Tenant will not cause or permit the Premises to be in violation of any Applicable Environmental Laws (as hereinafter defined), or do or permit anything to be done which will subject the Premises to any remedial obligations under any Applicable Environmental Laws. Tenant will promptly notify Landlord in writing of any existing, pending or threatened investigation by any governmental authority under or in connection with any Applicable Environmental Laws. Tenant will not use the Premises in a manner which will result in the disposal or release of any hazardous substances or solid waste on, from or to the Premises, and shall at all times keep the Premises free of all hazardous substances and wastes. If at any time during the existence of this Lease, Landlord receives information leading Landlord to believe that the Premises is not free of hazardous substances or wastes, then Tenant shall provide to Landlord, at Tenant's sole cost and expense and within a reasonable period of time following Landlord's request therefor, a current report by an environmental engineer acceptable to Landlord and covering such matters with respect to the Premises as may be required by Landlord. If Tenant fails to provide Landlord with such report within a reasonable period of time following Landlord's request therefor, Landlord shall have the right to obtain such report at Tenant's cost, and the same shall be a demand obligation owing by Tenant to Landlord. Tenant covenants to operate the Premises (whether or not such property constitutes a "Facility" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA")), so that no cleanup or other obligation arises in respect of CERCLA or other Applicable Environmental Law which would constitute a lien or charge on the Premises. If any such claim is made or any obligation should nevertheless arise hereafter, Tenant agrees that it will, at its own expense, (a) promptly cure same and -(b) indemnify Landlord from any liability, responsibility or obligation in respect thereof or in respect of any cleanup or other liability (regardless of whether or not Landlord may be deemed to be an "owner or operator" under CERCLA) for any reason including, but not limited to, the enforcement of Landlord's rights under this Lease or any obligation of law. For the purposes hereof, the term "Applicable Environmental Laws" shall mean and include
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Compliance with Applicable Environmental Laws. (a) Except as would not reasonably be expected to have a Material Adverse Effect: (i) the Company has been and is in compliance with all applicable Environmental Laws; (ii) the Company possesses, and has been and is in compliance with, all Permits required by applicable Environmental Laws, such Permits are in full force and effect, all applications as necessary for renewal of such Permits have been timely filed; (iii) the Company has not received any notice alleging noncompliance by the Company with respect to any Environmental Law or Permit required by applicable Environmental Laws; (iv) there is no Proceeding or information request pending or, to the Knowledge of the Company, threatened against the Company either pursuant to Environmental Law or arising from the Release or presence of or exposure to Hazardous Substances; (v) the Company has not assumed by Contract any liabilities or obligations pursuant to Environmental Laws; (vi) there has been no Release of or exposure to Hazardous Substance, whether on or off the property currently or, to the Knowledge of the Company, formerly owned or operated by the Company, that would reasonably be expected to result in liability or a requirement for notification, investigation or remediation by the Company under any Environmental Laws; and (vii) no Liens pursuant to Environmental Laws have been or are imposed on the property owned or operated by the Company, and to the Knowledge of the Company, no such Liens have been threatened. (b) The Company has delivered to, or has otherwise made available for inspection by dMY, all material written assessments, audits, investigation reports, studies, test results or similar environmental documents in the possession of the Company related to environmental, health or safety matters or Hazardous Substances.
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Compliance with Applicable Environmental Laws. Boat Owner acknowledges that the Marina is situated in a sensitive environmental area. Boat Owner does hereby agree that Boat Owner, his/her employees, agents, and Guests, shall, at all times, conduct themselves and maintain their personal property in a fashion which continuously complies with applicable environmental laws.
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Compliance with Applicable Environmental Laws. Grantee certifies that it completed Treasury’s Coronavirus Capital Projects Fund Environmental Checklist as part of its Application and, as applicable, further represents, warrants, and covenants that it will at all times comply with the following: a. The National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.); b. Section 307 of the Coastal Zone Management Act (CZMA) of 1972, as amended (16 U.S.C. 1451 et seq.) and 15 C.F.R. Part 930; c. Section 7 of the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531 et seq.); d. The Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act (MSA) of 1976 (16 U.S.C. 1801 et seq.); e. The Marine Mammal Protection Act (MMPA) of 1972, as amended (16 U.S.C. 31 §§ 1361–1362, 1371-1389, 1401-1407, 1411-1418, 1421-1421h, 1423-1423h); 2 Pursuant to guidance issued as late as September 2021, the U.S. Treasury has conveyed that the Xxxxx-Xxxxx Act does not directly apply to projects funded solely by CPF funds. See Coronavirus State and Local Fiscal Recovery Funds, Frequently Asked Questions § 6.17 (available at: xxxxx://xxxx.xxxxxxxx.xxx/policy-issues/coronavirus/assistance-for- state-local-and-tribal-governments/capital-projects-fund ). f. Federal Water Pollution Control Act (the “Clean Water Act” or CWA) of 1948, as amended (33 U.S.C 1251 et seq.); g. The Clean Air Act (CAA) of 1967, as amended (42 U.S.C §§ 7409, 7410, 7502-7514, 7571-7574); h. The National Historic Preservation Act (NHPA) of 1966, as amended (54 U.S.C. 3001 et seq.); i. The Coastal Barrier Resources Act (CBRA) of 1982 (16 U.S.C. 3501 et seq.); x. Xxxxxx and Harbors Act (RHA) of 1899, as amended (33 U.S.C. 401 et seq.); k. The Resource Conservation and Recovery Act (RCRA) of 1976 (42 U.S.C. 6901 et seq.); l. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1982, as amended (42 U.S.C. 9601 et seq.); m. The Wild and Scenic Rivers Act (WSRA) of 1968, as amended (16 U.S.C. 1271 et seq.); n. The Safe Drinking Water Act (SDWA) of 1974, as amended (42 U.S.C. §300f et seq.); o. The Farmland Protection Policy Act (FPPA) of 1981 (7 U.S.C 4201 et seq.); p. E.O. 11988, as amended by E.O. 13690 – Floodplain Management;
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Compliance with Applicable Environmental Laws. Mortgagor has entered into a separate Certificate and Indemnification Regarding Hazardous Substances dated of even date herewith and given in connection with the Note, the provisions of which are deemed incorporated herein by this reference.
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Related to Compliance with Applicable Environmental Laws

  • Compliance with Environmental Laws Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse Change (i) neither the Company nor any of its subsidiaries is in violation of any federal, state, local or foreign law or regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or wildlife, including without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum and petroleum products (collectively, “Materials of Environmental Concern”), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, “Environmental Laws”), which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the operation of the business of the Company or its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in violation of any Environmental Law; (ii) there is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iii) to the best of the Company’s knowledge, there are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that reasonably could result in a violation of any Environmental Law or form the basis of a potential Environmental Claim against the Company or any of its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

  • Compliance with Environmental Law To the knowledge of the Company, the Adviser and the Administrator, the Company, its subsidiaries and each controlled Portfolio Company (i) are in compliance with any and all applicable foreign, federal, state and local laws and regulations relating to the protection of human health and safety, the environment or hazardous or toxic substances or wastes, pollutants or contaminants (“Environmental Laws”); (ii) have received all permits, licenses or other approvals required of them under applicable Environmental Laws to conduct their respective businesses; and (iii) are in compliance with all terms and conditions of any such permit, license or approval, except where such noncompliance with Environmental Laws, failure to receive required permits, licenses or other approvals or failure to comply with the terms and conditions of such permits, licenses or approvals would not, individually or in the aggregate, have a Material Adverse Effect.

  • Compliance with Environmental Requirements 50.1 The Contractor shall provide the goods and/or Services required under the Contract in accordance with applicable laws and the Authority’s environmental policy, which is to conserve energy, water and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment. 50.2 The Authority is committed to promoting a low carbon, high growth, global economy. The Contractor shall work with the Authority regarding any environmental or sustainability issues as the Authority considers relevant, comply with contractual obligations and carry out any reasonable request to ensure the protection of the environment, society and the economy and promotion of sustainable development and sustainable procurement throughout the Contract Period. 50.3 All written outputs, including reports, produced in connection with the Contract shall (unless otherwise specified) be produced on recycled paper containing at least 80% post consumer waste and used on both sides where appropriate. 50.4 Nothing in this Condition 50 shall relieve the obligations of the Contractor to comply with its statutory duties and Good Industry Practice.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned or operated by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and property and obtain and renew all material Environmental Permits applicable to its operations and property and conduct any Response in accordance with Environmental Laws; provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP. (b) If a Default caused by reason of a breach of Section 3.17 or Section 5.09(a) shall have occurred and be continuing for more than 20 Business Days without the Companies commencing activities reasonably likely to cure such Default, at the written request of the Required Lenders through the Administrative Agent, provide to the Lenders within 45 days after such request, at the expense of Borrower, an environmental site assessment report regarding the matters which are the subject of such default, including where appropriate, any soil and/or groundwater sampling, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative Agent and indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance or Response to address them in connection with such Default.

  • Compliance with and Liability under Environmental Laws (i) The Company and its subsidiaries (a) are, and at all prior times were, in compliance with any and all applicable federal, state, local and foreign laws, rules, regulations, requirements, decisions, judgments, decrees, orders and the common law relating to pollution or the protection of the environment, natural resources or human health or safety, including those relating to the generation, storage, treatment, use, handling, transportation, Release or threat of Release of Hazardous Materials (collectively, “Environmental Laws”), (b) have received and are in compliance with all permits, licenses, certificates or other authorizations or approvals required of them under applicable Environmental Laws to conduct their respective businesses, (c) have not received notice of any actual or potential liability under or relating to, or actual or potential violation of, any Environmental Laws, including for the investigation or remediation of any Release or threat of Release of Hazardous Materials, and have no knowledge of any event or condition that would reasonably be expected to result in any such notice, (d) are not conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Environmental Law at any location, and (e) are not a party to any order, decree or agreement that imposes any obligation or liability under any Environmental Law, and (ii) there are no costs or liabilities associated with Environmental Laws of or relating to the Company or its subsidiaries, except in the case of each of (i) and (ii) above, for any such matter, as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and (iii) except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, (a) there are no proceedings that are pending, or that are known to be contemplated, against the Company or any of its subsidiaries under any Environmental Laws in which a governmental entity is also a party, other than such proceedings regarding which it is reasonably believed no monetary sanctions of $100,000 or more will be imposed, (b) the Company and its subsidiaries are not aware of any facts or issues regarding compliance with Environmental Laws, or liabilities or other obligations under Environmental Laws, including the Release or threat of Release of Hazardous Materials, that could reasonably be expected to have a material effect on the capital expenditures, earnings or competitive position of the Company and its subsidiaries, and (c) none of the Company and its subsidiaries anticipates material capital expenditures relating to any Environmental Laws.

  • Compliance with Applicable Requirements In carrying out its obligations under this Agreement, the Sub-Adviser shall at all times comply with: (a) all applicable provisions of the 1940 Act, and any rules and regulations adopted thereunder; (b) the provisions of the registration statement of the Trust, as it may be amended or supplemented from time to time, under the Securities Act and the 1940 Act; (c) the provisions of the Declaration of Trust of the Trust, as it may be amended or supplemented from time to time; (d) the provisions of any By-laws of the Trust, if adopted and as it may be amended from time to time, or resolutions of the Board as may be adopted from time to time; (e) the provisions of the Internal Revenue Code of 1986, as amended, applicable to the Trust or the Funds; (f) any other applicable provisions of state or federal law; and In addition, any code of ethics adopted by the Sub-Adviser must comply with Rule 17j-1 under the 1940 Act, as it may be amended from time to time, and any broadly accepted industry practices, if requested by the Trust or the Adviser.

  • Compliance with Governmental Requirements Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower’s properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior to doing so and so long as, in Lender’s sole opinion, Lender’s interests in the Collateral are not jeopardized. Lender may require Borrower to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender’s interest.

  • Compliance with Applicable Law; Permits (a) Except with respect to Tax matters (which are provided for in Section 5.17) and environmental matters (which are provided for in Section 5.13), the Partnership and each of its Subsidiaries is in compliance with all, and is not in default under or in violation of any, applicable Law, other than any noncompliance, default or violation which would not, individually or in the aggregate, be reasonably expected to have a Partnership Material Adverse Effect. The Partnership has not received any written communication since the Balance Sheet Date and prior to the date of this Agreement from a Governmental Authority that alleges that the Partnership or any of its Subsidiaries is not in compliance with or is in default or violation of any applicable Law, except where such non-compliance, default or violation would not, individually or in the aggregate, be reasonably expected to have a Partnership Material Adverse Effect. (b) Except for the Environmental Permits (which are provided for in Section 5.13), the Partnership and each of its Subsidiaries is in possession of all franchises, tariffs, grants, authorizations, licenses, permits, easements, variances, exemptions, consents, certificates, approvals and orders of any Governmental Authority necessary under applicable Law to own, lease and operate their properties and to lawfully carry on their businesses as they are being conducted as of the date of this Agreement (collectively, the “Partnership Permits”), except where the failure to be in possession of such Partnership Permits would not, individually or in the aggregate, be reasonably expected to have a Partnership Material Adverse Effect. All Partnership Permits are in full force and effect, except where the failure to be in full force and effect would not, individually or in the aggregate, be reasonably expected to have a Partnership Material Adverse Effect. No suspension or cancellation of any of the Partnership Permits is pending or threatened, except where such suspension or cancellation would not, individually or in the aggregate, be reasonably expected to have a Partnership Material Adverse Effect. As of the date of this Agreement, to the Knowledge of the Partnership, no event or condition has occurred or exists which would result in a violation of, breach, default or loss of a benefit under, or acceleration of an obligation of the Partnership or any of its Subsidiaries under, any Partnership Permit, or has caused (or would cause) an applicable Governmental Authority to fail or refuse to issue, renew, extend, any Partnership Permit (in each case, with or without notice or lapse of time or both), except for violations, breaches, defaults, losses, accelerations or failures that would not reasonably be expected to have, individually or in the aggregate, a Partnership Material Adverse Effect.

  • Compliance with Applicable Regulations In performing its duties hereunder, the Subadviser (i) shall establish compliance procedures (copies of which shall be provided to the Adviser, and shall be subject to review and approval by the Adviser) reasonably calculated to ensure compliance at all times with: all applicable provisions of the 1940 Act and the Advisers Act, and any rules and regulations adopted thereunder; Subchapter M of the Internal Revenue Code of 1986, as amended; the provisions of the Registration Statement; the provisions of the Declaration and the By-Laws of the Trust, as the same may be amended from time to time; and any other applicable provisions of state, federal or foreign law. (ii) acknowledges that the Trust has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act and that the Subadviser and certain of its employees, officers and directors may be subject to reporting requirements thereunder and, accordingly, agrees that it shall, on a timely basis, furnish, and shall cause its employees, officers and directors to furnish, to the Adviser and/or to the Trust, all reports and information required to be provided under such code of ethics with respect to such persons. (iii) agrees that it will maintain for the Trust all and only such records as required under Rules 31a-1 and 31a-2 under the 1940 Act in respect to its services hereunder and that such records are the property of the Trust and further agrees to surrender promptly to the Trust any such records upon the Trust’s request all in accordance with Rule 31a-3 under the 1940 Act.

  • Compliance with Applicable Laws Any and all requirements of any federal, state or local law including, without limitation, usury, truth-in-lending, real estate settlement procedures, consumer credit protection, equal credit opportunity, disclosure and all predatory and abusive lending laws applicable to the Mortgage Loan, including, without limitation, any provisions relating to prepayment penalties, have been complied with, the consummation of the transactions contemplated hereby will not involve the violation of any such laws or regulations, and the Seller shall maintain in its possession, available for the Purchaser's inspection, and shall deliver to the Purchaser upon demand, evidence of compliance with all such requirements;

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