Common use of Compliance With Legislation Regulating Environmental Quality Clause in Contracts

Compliance With Legislation Regulating Environmental Quality. (a) To the knowledge of Seller with respect to the Facilities (as defined below): (i) there has not been any release (as defined in 42 U.S.C. Section9601(22)) or other discharge or disposal of chemicals, petroleum, asbestos, PCBs, radon or other toxic, hazardous, or regulated wastes, substances, or materials (collectively, "Hazardous Substances") at, in, on, under or from the Facilities except in compliance with Environmental Laws; (ii) no such Hazardous Substances are being stored or otherwise are present at, in, on or under the Facilities except in compliance with Environmental Laws; (iii) the Facilities are and have been maintained in compliance with all applicable federal, state and local environmental protection, occupational, health and safety or similar laws, regulations, ordinances, licenses and other restrictions (collectively, "Environmental Laws"), including, without limitation, the Federal Water Pollution Control Act (33 U.S.C. SectionSection1251 et seq.), Resource Conservation and Recovery Act (42 U.S.C. SectionSection6901 et seq.), Safe Drinking Water Act (21 U.S.C. Section349, 42 U.S.C. SectionSection201, 300f), Toxic Substances Control Act (15 U.S.C. SectionSection2601 et seq.), Clean Air Act (42 U.S.C. SectionSection7401 et seq.), and Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. SectionSection9601 et seq.); and (iv) there are no suits, actions, proceedings, demands, notices, or other claims, either pending or threatened or reasonably anticipated to be made, which relate to the Facilities and to Hazardous Substances or Environmental Laws, or which are against Seller with respect to the GBO Included Business or which are against any of the GBO Subsidiaries and which relate to Hazardous Substances or Environmental Laws.

Compliance With Legislation Regulating Environmental Quality. (a) To the knowledge of Seller with respect to the Facilities (as defined below): (i) there has not been any release (as defined in 42 U.S.C. Section9601(22)) There are no toxic wastes or other discharge toxic or disposal of chemicals, petroleum, asbestos, PCBs, radon or other toxic, hazardous, or regulated wastes, substances, hazardous substances or materials (collectively, "Hazardous Substances") at, in, being stored or otherwise held on, under or from about any of the Facilities except in compliance with Environmental Laws; (ii) no such Hazardous Substances are being stored or otherwise are present atby the Company or, into the Best of the Company's Knowledge, on or under the by any other party. The Facilities except in compliance with Environmental Laws; (iii) the Facilities are and have been maintained in substantial compliance with all applicable federal, state state, local and foreign environmental protection, occupational, health and safety or similar laws, statutes, ordinances, restrictions, licenses and local environmental protection, occupational, health and safety or similar laws, regulationsstatutes, ordinances, restrictions, licenses and other restrictions (collectivelyregulations, "Environmental Laws")including those relating to the presence, use, production, generation, handling, transport, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous or otherwise regulated materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or byproducts, asbestos, polychlorinated biphenyls, noise or radiation, and also including, without limitationbut not limited to, the Federal Water Pollution Control Act (33 U.S.C. SectionSection1251 et seqSection 1251 ET SEQ.), Resource Conservation and Recovery Act (42 U.S.C. SectionSection6901 et seqSection 6901 ET SEQ.), Safe Drinking Water Act (21 U.S.C. Section349Sections 349, 42 U.S.C. SectionSection201Sections 201, 300f), Toxic Substances Control Act (15 U.S.C. SectionSection2601 et seqSection 2601 ET SEQ.), Clean Air Act (42 U.S.C. SectionSection7401 et seqSection 7401 ET SEQ.), and Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. SectionSection9601 et seqSection 9601 ET SEQ.); , California Health & Safety Code (Section 25100 ET SEQ., Section 39000 ET SEQ.), and California Water Code (iv) there are no suitsSection 13000 ET SEQ.). The Company has not received any written notice, actions, proceedings, demands, noticesreport or other information to the effect that, or other claims, either pending or threatened or reasonably anticipated to be made, which relate to the Facilities and to Hazardous Substances or Environmental Laws, or which are against Seller with respect to the GBO Included Business or which are against any Best of the GBO Subsidiaries and which relate to Hazardous Substances Company's Knowledge, otherwise been advised regarding any liabilities or Environmental Lawspotential liabilities it may have (whether accrued, absolute, contingent, unliquidated or otherwise), including any investigatory, remedial or corrective obligations, arising under any environmental, health or safety requirement.

Compliance With Legislation Regulating Environmental Quality. (a) To None of the knowledge of Seller with respect to the Facilities (as defined below): (i) there has not been any release (as defined in 42 U.S.C. Section9601(22)) or other discharge or disposal of chemicals, petroleum, asbestos, PCBs, radon or other toxic, hazardous, or regulated wastes, substances, or materials (collectively, "Hazardous Substances") following exists at, in, on, under or from around any of the Facilities except in compliance with Environmental Laws; Facilities: (i) toxic wastes or other toxic or hazardous substances or materials; (ii) no such Hazardous Substances are being stored asbestos-containing materials in any form or otherwise are present at, in, on or under the Facilities except in compliance with Environmental Laws; condition; (iii) the materials or equipment containing polychlorinated biphenyls; or (iv) wetlands. (b) The Facilities are and have been maintained in compliance with all applicable federal, state state, local and local foreign environmental protection, occupational, health and safety or similar laws, regulationsstatutes, ordinances, restrictions, licenses and other restrictions (collectivelylocal envi ronmental protection, "Environmental Laws")occupational, health and safety or similar laws, statutes, ordinances, restrictions, licenses and regulations, including those relating to the presence, use, production, generation, handling, transport, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous or otherwise regulated materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or byproducts, asbestos, polychlorinated biphenyls, noise or radiation, and also including, without limitationbut not limited to, the Federal Water Pollution Control Act (33 U.S.C. SectionSection1251 Section 1251 et seq.), Resource Conservation and & Recovery Act (42 -- --- U.S.C. SectionSection6901 Section 6901 et seq.), Safe Drinking Water Act (21 U.S.C. Section349X.X.X. Xxxxxxx 000, 42 U.S.C. SectionSection20100 X.X.X. -- --- Section 201, 300f), Toxic Substances Control Act (15 U.S.C. SectionSection2601 Section 2601 et seq.), Clean Air Act (42 U.S.C. SectionSection7401 Section 7401 et seq.), and Comprehensive Environmental Response, Compensation and Liability -- --- Act (42 U.S.C. SectionSection9601 Section 9601 et seq.) (collectively, "Environmental -- --- Requirements"); . (c) The Companies and Sellers have not received any written notice, report or other information regarding any liabilities or potential liabilities they may have (ivwhether accrued, absolute, contingent, unliquidated or otherwise), including any investigatory, remedial or corrective obligations, arising under any Environmental Requirements. (d) there are no suitsThe Companies have obtained and complied with, actionsand is in compliance with, proceedingsall Permits, demandslicenses and other authorizations that may be required pursuant to any Environmental Requirements for the occupation of the Facilities or the operation of the Business. (e) No facts, noticesevents or conditions relating to the past or present Facilities or operations of the Business will prevent, hinder or limit continued compliance with Environmental Requirements, give rise to any investigatory, remedial or corrective obligations pursuant to the Environmental Requirements, or give rise to any other claimsliabilities (whether accrued, either pending absolute, contingent, unliquidated or otherwise) pursuant to Environmental Requirements, including relating to on-site or off-site releases or threatened releases of hazardous or reasonably anticipated to be madeotherwise regulated materials, which relate to substances or wastes, personal injury, property damage or natural resources damage. (f) Neither this Agreement nor the Facilities and to Hazardous Substances transactions contemplated by the Transaction Documents impose any obligations for off-site investigation or Environmental Lawscleanup, or which are against Seller with respect notification to or consent of any governmental entity or third party pursuant to any Environmental Requirements. (g) The Companies and Sellers have not expressly or by operation of law assumed or undertaken any liability or corrective or remedial obligations of any other Person relating to Environmental Requirements. (h) No lien, whether recorded or unrecorded, in favor of any governmental entity relating to any liability of the GBO Included Business or which are against any of other Person arising under the GBO Subsidiaries and which relate Environmental Requirements, has attached to Hazardous Substances any property owned, leased or Environmental Lawsoperated by the Companies.

Compliance With Legislation Regulating Environmental Quality. (a) To None of the knowledge of Seller with respect to the Facilities (as defined below): (i) there has not been any release (as defined in 42 U.S.C. Section9601(22)) or other discharge or disposal of chemicals, petroleum, asbestos, PCBs, radon or other toxic, hazardous, or regulated wastes, substances, or materials (collectively, "Hazardous Substances") following exists at, in, on, under or from around any of the Facilities except in compliance with Environmental Laws; Facilities: (i) toxic wastes or other toxic or hazardous substances or materials; (ii) no such Hazardous Substances are being stored asbestos-containing materials in any form or otherwise are present at, in, on or under the Facilities except in compliance with Environmental Laws; condition; (iii) the materials or equipment containing polychlorinated biphenyls; or (iv) wetlands. (b) The Facilities are and have been maintained in compliance with all applicable federal, state state, local and local foreign environmental protection, occupational, health and safety or similar laws, regulationsstatutes, ordinances, restrictions, licenses and other restrictions (collectivelylocal envi ronmental protection, "Environmental Laws")occupational, health and safety or similar laws, statutes, ordinances, restrictions, licenses and regulations, including those relating to the presence, use, production, generation, handling, transport, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous or otherwise regulated materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or byproducts, asbestos, polychlorinated biphenyls, noise or radiation, and also including, without limitationbut not limited to, the Federal Water Pollution Control Act (33 U.S.C. SectionSection1251 Section 1251 et seq.), Resource Conservation and & Recovery Act (42 -- --- U.S.C. SectionSection6901 Section 6901 et seq.), Safe Drinking Water Act (21 U.S.C. Section349Section 349, -- --- 42 U.S.C. SectionSection201Section 201, 300f), Toxic Substances Control Act (15 U.S.C. SectionSection2601 Section 2601 et seq.), Clean Air Act (42 U.S.C. SectionSection7401 Section -- --- 7401 et seq.), and Comprehensive Environmental Response, Compensation and Liability -- --- Act (42 U.S.C. SectionSection9601 Section 9601 et seq.) (collectively, "Environmental -- --- ------------- Requirements"); . ------------ (c) The Companies and Sellers have not received any written notice, report or other information regarding any liabilities or potential liabilities they may have (ivwhether accrued, absolute, contingent, unliquidated or otherwise), including any investigatory, remedial or corrective obligations, arising under any Environmental Requirements. (d) there are no suitsThe Companies have obtained and complied with, actionsand is in compliance with, proceedingsall Permits, demandslicenses and other authorizations that may be required pursuant to any Environmental Requirements for the occupation of the Facilities or the operation of the Business. (e) No facts, noticesevents or conditions relating to the past or present Facilities or operations of the Business will prevent, hinder or limit continued compliance with Environmental Requirements, give rise to any investigatory, remedial or corrective obligations pursuant to the Environmental Requirements, or give rise to any other claimsliabilities (whether accrued, either pending absolute, contingent, unliquidated or otherwise) pursuant to Environmental Requirements, including relating to on-site or off-site releases or threatened releases of hazardous or reasonably anticipated to be madeotherwise regulated materials, which relate to substances or wastes, personal injury, property damage or natural resources damage. (f) Neither this Agreement nor the Facilities and to Hazardous Substances transactions contemplated by the Transaction Documents impose any obligations for off-site investigation or Environmental Lawscleanup, or which are against Seller with respect notification to or consent of any governmental entity or third party pursuant to any Environmental Requirements. (g) The Companies and Sellers have not expressly or by operation of law assumed or undertaken any liability or corrective or remedial obligations of any other Person relating to Environmental Requirements. (h) No lien, whether recorded or unrecorded, in favor of any governmental entity relating to any liability of the GBO Included Business or which are against any of other Person arising under the GBO Subsidiaries and which relate Environmental Requirements, has attached to Hazardous Substances any property owned, leased or Environmental Lawsoperated by the Companies.