Common use of Compliance with Environmental Requirements Clause in Contracts

Compliance with Environmental Requirements. To the Borrower's knowledge, it has obtained all material permits, licenses and other authorizations required under federal, state and local laws relating to pollution or protection of the environment. The Borrower has not violated any applicable Environmental Law, the violation of which is reasonably likely to result in a material adverse change in the financial condition, assets, liabilities, operations or financial performance of the Borrower. To the knowledge of the Borrower, there are no present requirements of any applicable Environmental Law which are due to be imposed upon it which will materially increase its cost of complying with the Environmental Laws. All past on-site generation, treatment, storage and disposal of Waste, including Hazardous Waste, by the Borrower and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws, and all past off-site treatment, storage and disposal of Waste, including Hazardous Waste, generated by the Borrower and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws. As used in this Agreement, the terms (i) "ENVIRONMENTAL LAWS" include, but are not limited to, any federal, state, local or foreign law, statute, charter or ordinance, and any rule, regulation, binding interpretation, binding policy, permit, order, court order or consent decree issued pursuant to any of the foregoing, which pertains to, governs or otherwise regulates any of the following activities, including, without limitation, (a) the emission, discharge, release or spilling of any substance into the air, surface water, groundwater, soil or substrata; (b) the manufacturing, processing, sale, generation, treatment, storage, disposal labeling or other management of any Waste, Hazardous Substance or Hazardous Waste, and (ii) "WASTE," "HAZARDOUS SUBSTANCE," and "HAZARDOUS WASTE" include any substance defined as such by any applicable Environmental Law.

Compliance with Environmental Requirements. To the BorrowerCompany's knowledge, it has obtained all material permits, licenses and other authorizations required under federal, state and local laws relating to pollution or protection of the environment. The Borrower Company has not violated any applicable Environmental Law, the violation of which is reasonably likely to result in a material adverse change in the financial condition, assets, liabilities, operations or financial performance of the BorrowerCompany. To the knowledge of the BorrowerCompany, there are no present requirements of any applicable Environmental Law which are is due to be imposed upon it which will materially increase its cost of complying with the Environmental Laws. All past on-site generation, treatment, storage and disposal of Waste, including Hazardous Waste, by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws, and all past off-site treatment, storage and disposal of Waste, including Hazardous Waste, generated by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws. As used in this Agreement, the terms (i) "ENVIRONMENTAL LAWSEnvironmental Laws" include, but are not limited to, any federal, state, state or local or foreign law, statute, charter or ordinance, and any rule, regulation, binding interpretation, binding policy, permit, order, court order or consent decree issued pursuant to any of the foregoing, which pertains to, governs or otherwise regulates any of the following activities, including, without limitation, (a) the emission, discharge, release or spilling of any substance into the air, surface water, groundwater, soil or substrata; (b) the manufacturing, processing, sale, generation, treatment, storage, disposal labeling or other management of any Waste, Hazardous Substance or Hazardous Waste, and (ii) "WASTEWaste," "HAZARDOUS SUBSTANCEHazardous Substance," and "HAZARDOUS WASTEHazardous Waste" include any substance defined as such by any applicable Environmental Law.

Compliance with Environmental Requirements. To the BorrowerCompany's knowledge, it has obtained all material permits, licenses and other authorizations required under federal, state and local laws relating to pollution or protection of the environment. The Borrower Company has not violated any applicable Environmental Law, the violation of which is reasonably likely to result in a material adverse change in the financial condition, assets, liabilities, operations or financial performance of the BorrowerCompany. To the knowledge of the BorrowerCompany, there are no present requirements of any applicable Environmental Law which are is due to be imposed upon it which will materially increase its cost of complying with the Environmental Laws. All past on-site generation, treatment, storage and disposal of Waste, including Hazardous Waste, by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws, and all past off-site treatment, storage and disposal of Waste, including Hazardous Waste, generated by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws. As used in this Agreement, the terms (i) "ENVIRONMENTAL LAWSEnvironmental Laws" include, but are not limited to, any federal, state, local or foreign law, statute, charter or ordinance, and any rule, regulation, binding interpretation, binding policy, permit, order, court order or consent decree issued pursuant to any of the foregoing, which pertains to, governs or otherwise regulates any of the following activities, including, without limitation, (a) the emission, discharge, release or spilling of any substance into the air, surface water, groundwater, soil or substrata; (b) the manufacturing, processing, sale, generation, treatment, storage, disposal labeling or other management of any Waste, Hazardous Substance or Hazardous Waste, and (ii) "WASTEWaste," "HAZARDOUS SUBSTANCEHazardous Substance," and "HAZARDOUS WASTEHazardous Waste" include any substance defined as such by any applicable Environmental Law.

Compliance with Environmental Requirements. To the BorrowerCompany's knowledge, it has obtained all material permits, licenses and other authorizations required under federal, state and local laws relating to pollution or protection of the environment. The Borrower Company has not violated any applicable Environmental Law, the violation of which is reasonably likely to result in a material adverse change in the financial condition, assets, liabilities, operations or financial performance of the BorrowerCompany. To the knowledge of the BorrowerCompany, there are no present requirements of any applicable Environmental Law which are due to be imposed upon it which will materially increase its cost of complying with the Environmental Laws. All past on-site generation, treatment, storage and disposal of Waste, including Hazardous Waste, by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws, and all past off-site treatment, storage and disposal of Waste, including Hazardous Waste, generated by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws. As used in this Agreement, the terms (i) "ENVIRONMENTAL LAWSEnvironmental Laws" include, but are not limited to, any federal, state, local or foreign law, statute, charter or ordinance, and any rule, regulation, binding interpretation, binding policy, permit, order, court order or consent decree issued pursuant to any of the foregoing, which pertains to, governs or otherwise regulates any of the following activities, including, without limitation, (a) the emission, discharge, release or spilling of any substance into the air, surface water, groundwater, soil or substrata; (b) the manufacturing, processing, sale, generation, treatment, storage, disposal labeling or other management of any Waste, Hazardous Substance or Hazardous Waste, and (ii) "WASTEWaste," "HAZARDOUS SUBSTANCEHazardous Substance," and "HAZARDOUS WASTEHazardous Waste" include any substance defined as such by any applicable Environmental Law.

Compliance with Environmental Requirements. To the BorrowerCompany's knowledge, it has obtained all material permits, licenses and other authorizations required under federal, state and local laws relating to pollution or protection of the environment. The Borrower Company has not violated any applicable Environmental Law, the violation of which is reasonably likely to result in a material adverse change in the financial condition, assets, liabilities, operations or financial performance of the BorrowerCompany. To the knowledge of the BorrowerCompany, there are no present requirements of any applicable Environmental Law which are is due to be imposed upon it which will materially increase its cost of complying with the Environmental Laws. All past on-site generation, treatment, storage and disposal of Waste, including Hazardous Waste, by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws, and all past off-site treatment, storage and disposal of Waste, including Hazardous Waste, generated by the Borrower Company and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws. As used in this Agreement, the terms (i) "ENVIRONMENTAL LAWSEnvironmental Laws" include, but are not limited to, any federal, state, local or foreign law, statute, charter or ordinance, and any rule, regulation, binding interpretation, binding policy, permit, order, court order or consent decree issued pursuant to any of the foregoing, which pertains to, governs or otherwise regulates any of the following activities, including, without limitation, (a) the emission, discharge, release or spilling of any substance into the air, surface water, groundwater, soil or substrata; (b) the manufacturing, processing, sale, generation, treatment, storage, disposal labeling or other management of any Waste, Hazardous Substance or Hazardous Waste, and (ii) "WASTE," "HAZARDOUS SUBSTANCE," and "HAZARDOUS WASTE" include any substance defined as such by any applicable Environmental Law.any

Compliance with Environmental Requirements. To (a) As of the Borrower's knowledgedate hereof, it to the best knowledge of CustomWare, no underground storage tanks are present under any property that CustomWare has obtained all material permitsat any time owned, licenses and other authorizations required under operated, occupied or leased. As of the date hereof, except as set forth in the CustomWare Disclosure Schedule, no Material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state and or local laws relating law to pollution be radioactive, toxic, hazardous or protection of otherwise a danger to health or the environment. The Borrower has not violated any applicable Environmental Law, the violation of which is reasonably likely to result in a material adverse change in the financial condition, assets, liabilities, operations or financial performance of the Borrower. To the knowledge of the Borrower, there are no present requirements of any applicable Environmental Law which are due to be imposed upon it which will materially increase its cost of complying with the Environmental Laws. All past on-site generation, treatment, storage and disposal of Waste, including Hazardous Waste, by the Borrower and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws, and all past off-site treatment, storage and disposal of Waste, including Hazardous Waste, generated by the Borrower and, to its knowledge, by its predecessors have been done in compliance with the currently applicable Environmental Laws. As used in this Agreement, the terms (i) "ENVIRONMENTAL LAWS" include, but are not limited to, any federal, state, local or foreign law, statute, charter or ordinance, and any rule, regulation, binding interpretation, binding policy, permit, order, court order or consent decree issued pursuant to any of the foregoing, which pertains to, governs or otherwise regulates any of the following activities, including, without limitation, PCBs, asbestos, petroleum, urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a) a "Hazardous Material"), are present as a result of the emissionactions of CustomWare, discharge, release or spilling any actions of any substance into third party or otherwise, in, on or under any property, including the airland and the improvements, ground water and surface water, groundwaterthat CustomWare has at any time owned, soil operated, occupied or substrata; leased. (b) the manufacturingAt no time has CustomWare transported, processingstored, saleused, generationmanufactured, treatmentdisposed of, storage, disposal labeling released or other management exposed its employees or others to Hazardous Materials in violation of any Wastelaw in effect on or before the Closing Date, nor has CustomWare disposed of, transported, sold, or manufactured any product containing a Hazardous Substance Material (collectively, "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity to prohibit, regulate or control Hazardous WasteMaterials or any Hazardous Material Activity. (c) CustomWare currently holds all environmental approvals, permits, licenses, clearances and consents (iithe "Environmental Permits") "WASTE," "HAZARDOUS SUBSTANCE," necessary for the conduct of its Hazardous Material Activities and "HAZARDOUS WASTE" include any substance defined other businesses of CustomWare as such by activities and businesses are currently being conducted, the absence of which would be reasonably likely to result in fines to CustomWare in excess of Five Thousand Dollars ($5,000). (d) No action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending or, to the best knowledge of CustomWare, threatened concerning any applicable Environmental LawPermit or any Hazardous Material Activity of CustomWare. CustomWare is not aware of any fact or circumstance which could involve CustomWare in any environmental litigation or impose upon CustomWare any environmental liability which would be reasonably likely to exceed Five Thousand Dollars ($5,000).