Compliance with Environmental Laws, Etc. (i) Comply in all material respects, and cause each other Person operating or occupying its properties to comply in all material respects, with all applicable Environmental Laws (including any such Environmental Laws relating to the disposal and cleanup of Hazardous Materials), Environmental Permits, the Environmental Management Plan and the Equator Principles (assuming that the United States is and will remain a “Designated Country” as defined in the Equator Principles); (ii) obtain, maintain and renew all Environmental Permits necessary for its operations and the Mine; and (iii) conduct any investigation, study, sampling and testing, and undertake any cleanup, removal, remedial or other action necessary to remove and clean up all Hazardous Materials from any of its properties, in accordance with the requirements of all Environmental Laws and the Environmental Management Plan; provided, however, that the Borrower shall not be required to undertake any such cleanup, removal, remedial or other action to the extent that its obligation to do so is subject to Contest.
Appears in 2 contracts
Samples: Subordinated Credit Agreement (Midway Gold Corp), Credit Agreement (Midway Gold Corp)
Compliance with Environmental Laws, Etc. Except where the foregoing could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect (i) Comply in all material respectscomply, and use commercially reasonable efforts to cause each other Person operating or occupying its properties to comply in all material respectscomply, with all applicable Environmental Laws (including any such Environmental Laws relating to the discharge, release, transport, disposal and cleanup of Hazardous Materials), Environmental Permits, Permits and the Environmental Management Plan and the Equator Principles (assuming that the United States is and will remain a “Designated Country” as defined in the Equator Principles)Plan; (ii) obtain, maintain obtain and renew all Environmental Permits necessary at such point in time for its operations and operation of the Mine; and (iii) conduct any investigation, study, sampling and testing, and undertake any cleanup, removal, remedial or other action necessary to remove and clean up all mitigate or remediate Hazardous Materials from any of at its properties, as required in accordance with the requirements of all applicable Environmental Laws and the Environmental Management Plan; provided, however, that the Borrower Borrowers shall not be required to undertake any such cleanup, removal, remedial or other action to the extent that its obligation to do so is subject to Contest.
Appears in 2 contracts
Samples: Credit Agreement (Capital Gold Corp), Credit Agreement (Capital Gold Corp)