Common use of Covenants relating to Environmental Law Clause in Contracts

Covenants relating to Environmental Law. Borrower covenants and agrees as follows: A. Except for substances of a quantity normally used for maintenance or operation of a commercial office building or retail shopping center, as applicable, which are used, stored and disposed of in accordance with all applicable Environmental Laws (as hereinafter defined), Borrower shall not (and shall not permit any Approved Subsidiary to) place, store, locate, generate, produce, create, process, treat, handle, transport, incorporate, discharge, emit, spill, release, deposit or dispose of any Hazardous Substance (as hereinafter defined) in, upon, under, over or from the Approved Assets, and shall not permit any Hazardous Substance to be placed, stored, located, generated, produced, created, processed, treated, handled, transported, incorporated, discharged, emitted, spilled, released, deposited, disposed of or to escape therein, thereupon, thereunder, thereover or therefrom. Borrower shall cause all Hazardous Substances found on or under the Approved Assets to be properly removed therefrom and properly disposed of at Borrower’s sole cost and expense in accordance with all applicable Environmental Laws. Borrower shall not (and shall not permit any Approved Subsidiary to) install or permit to be installed any underground storage tank therein or thereunder, and shall comply (and cause each Approved Subsidiary to comply) with all Environmental Laws which are applicable to the Approved Assets. At any time, and from time to time, in the event Agent determines, in its sole discretion, that there may be an issue with respect to Hazardous Substances or compliance with Environmental Laws with respect to the Approved Assets or if an Event of Default exists hereunder, if Agent so requests, Borrower shall provide to Agent an environmental review, audit, assessment and/or report relating to the Approved Assets, at Borrower’s sole cost and expense, by an engineer or scientist acceptable to Agent. B. Borrower shall comply (and shall cause each Approved Subsidiary to comply) with all Accessibility Regulations which are applicable to the Approved Assets. C. Borrower shall, promptly after obtaining knowledge thereof, advise Agent in writing of (i) any activity in violation of any applicable Environmental Law relating to the Approved Assets, (ii) any governmental or regulatory actions (including, without limitation, information requests) instituted or threatened in writing under any Environmental Law or any Accessibility Regulation affecting the Approved Assets, including, without limitation, any notice of inspection, abatement, noncompliance or potential liability, (iii) all claims made or threatened in writing by any third party against Borrower or the Approved Assets relating to any Hazardous Substance or a violation of any Environmental Law or any Accessibility Regulation and (iv) discovery by Borrower of any occurrence or condition on or under the Approved Assets or on or under any real property adjoining or in the vicinity of the Approved Assets which could subject Borrower, Agent, the Lenders or the Approved Assets to a claim under any Environmental Law or Accessibility Regulation or to any restrictions on ownership, occupancy, transferability or use of the Approved Assets under any Environmental Law or Accessibility Regulation. Borrower shall promptly deliver to Agent copies of all orders, notices, permits, applications, or other communications and reports, and of such other documentation or records as Agent may reasonably request, relating to any such activity, Environmental Law, Accessibility Regulation, violations, actions, claims, discovery or event which Borrower receives or which are susceptible of being obtained by Borrower without undue cost or expense and without the necessity for initiating legal proceedings to obtain the same. D. If Borrower or any other Person (including, without limitation, any Approved Subsidiary) undertakes any investigation or corrective action, including, without limitation, any response, removal, detoxification or other remedial action, pursuant to any requirement of any Environmental Law or Accessibility Regulation, Borrower shall obtain and deliver to Agent a written report, in form and substance acceptable to Agent, from a consultant acceptable to Agent, stating that all required action has been properly taken and that, upon completion of said action, the Approved Assets is in compliance with such Environmental Law and/or Accessibility Regulation.

Covenants relating to Environmental Law. Borrower covenants and agrees as follows: A. Except for substances of a quantity normally used for maintenance or operation of a commercial office building or retail shopping center, as applicable, which are used, stored and disposed of in accordance with all applicable Environmental Laws (as hereinafter defined), Borrower shall not (and shall not permit any Approved Subsidiary to) place, store, locate, generate, produce, create, process, treat, handle, transport, incorporate, discharge, emit, spill, release, deposit or dispose of any Hazardous Substance (as hereinafter defined) in, upon, under, over or from the Approved Assets, and shall not permit any Hazardous Substance to be placed, stored, located, generated, produced, created, processed, treated, handled, transported, incorporated, discharged, emitted, spilled, released, deposited, disposed of or to escape therein, thereupon, thereunder, thereover or therefrom. Borrower shall cause all Hazardous Substances found on or under the Approved Assets to be properly removed therefrom and properly disposed of at Borrower’s 's sole cost and expense in accordance with all applicable Environmental Laws. Borrower shall not (and shall not permit any Approved Subsidiary to) install or permit to be installed any underground storage tank therein or thereunder, and shall comply (and cause each Approved Subsidiary to comply) with all Environmental Laws which are applicable to the Approved Assets. At any time, and from time to time, in the event Agent determines, in its sole discretion, that there may be an issue with respect to Hazardous Substances or compliance with Environmental Laws with respect to the Approved Assets or if an Event of Default exists hereunder, if Agent so requests, Borrower shall provide to Agent an environmental review, audit, assessment and/or report relating to the Approved Assets, at Borrower’s 's sole cost and expense, by an engineer or scientist acceptable to Agent. B. Borrower shall comply (and shall cause each Approved Subsidiary to comply) with all Accessibility Regulations which are applicable to the Approved Assets. C. Borrower shall, promptly after obtaining knowledge thereof, advise Agent in writing wri4ting of (i) any activity in violation of any applicable Environmental Law relating to the Approved Assets, (ii) any governmental or regulatory actions (including, without limitation, information requests) instituted or threatened in writing under any Environmental Law or any Accessibility Regulation affecting the Approved Assets, including, without limitation, any notice of inspection, abatement, noncompliance or potential liability, (iii) all claims made or threatened in writing by any third party against Borrower or the Approved Assets relating to any Hazardous Substance or a violation of any Environmental Law or any Accessibility Regulation and (iv) discovery by Borrower of any occurrence or condition on or under the Approved Assets or on or under any real property adjoining or in the vicinity of the Approved Assets which could subject Borrower, Agent, the Lenders or the Approved Assets to a claim under any Environmental Law or Accessibility Regulation or to any restrictions on ownership, occupancy, transferability or use of the Approved Assets under any Environmental Law or Accessibility Regulation. Borrower shall promptly deliver to Agent copies of all orders, notices, permits, applications, or other communications and reports, and of such other documentation or records as Agent may reasonably request, relating to any such activity, Environmental Law, Accessibility Regulation, violations, actions, claims, discovery or event which Borrower receives or which are susceptible of being obtained by Borrower without undue cost or expense and without the necessity for initiating legal proceedings to obtain the same. D. If Borrower or any other Person (including, without limitation, any Approved Subsidiary) person undertakes any investigation or corrective action, including, without limitation, any response, removal, detoxification or other remedial action, pursuant to any requirement of any Environmental Law or Accessibility Regulation, Borrower shall obtain and deliver to Agent a written report, in form and substance acceptable to Agent, from a consultant acceptable to Agent, stating that all required action has been properly taken and that, upon completion of said action, the Approved Assets is in compliance with such Environmental Law and/or Accessibility Regulation.