Disclosure of Environmental Information. 1. Full Disclosure by Third Party Indemnitor. Third Party Indemnitor represents and warrants that Third Party Indemnitor has provided Borrower with an accurate and complete copy of each record pertaining to the Property, (regardless of origin or method by which it was produced, recorded or preserved), in Third Party Indemnitor's actual or constructive possession, custody or control that pertain to the Property including those that materially relates to: (1) Contamination; (2) Hazardous Substances at the Adjoining Properties; or (3) compliance with any Environmental Law, Institutional Control or Engineering Control concerning the Property.
Disclosure of Environmental Information. To the best of SERA’s actual knowledge, information and belief, SERA has disclosed to SSA any and all environmental information or data in any way relating to the Property in SERA’s possession, custody, or control, whether written or unwritten, including but not limited to: (1) the presence or former presence of any Hazardous Substances, environmental contamination or remediation of soil, groundwater, wetlands, sediments, or the Raritan River; (2) any permitting information relating to the Property, including but not limited to existing permits, as well as evaluations and assessments for securing permits; and (3) any communications with environmental non-profit organizations or community organizations relating to the Property.
Disclosure of Environmental Information. The NL Companies covenant that prior to the Initial Closing, the NL Companies shall make available to SSA all environmental information, reports and data relating to the Property that currently is in the possession of Environmental Resources Management except to the extent that the NL Companies deem such information or data to be subject to attorney-client privilege or the work product doctrine, and subject to the conditions that any and all such information will be made available “AS IS” and without warranty of any type or nature, including without limitation, any warranty of accuracy or fitness for a particular purpose and that any and all warranties related to such information are hereby expressly disclaimed.
Disclosure of Environmental Information. Sellers have disclosed to Buyer all environmental studies, reports, notifications, closure plans, permits and permit applications, audits, and records required to be maintained under any Environmental Law concerning the Real Property which are known to Sellers or are within Sellers' possession or control, including, but not limited to, any reports filed with any Governmental Authority that relate to any releases of Regulated Substances at the Real Property, and any reports or notifications under the Toxic Substances Control Act and the Federal Insecticide, Fungicide and Rodenticide Act.
Disclosure of Environmental Information. DCS has never generated, used, stored or handled any Hazardous Materials nor has it treated, stored, disposed of, spilled or released any Hazardous Materials at any site presently or formerly owned, leased, operated or used by DCS or shipped any Hazardous Materials for treatment, storage or disposal at any other site or facilities. To the Knowledge of DCS or any of the Stockholders, no other person has ever generated, used, handled, stored or disposed of any Hazardous Materials at any site presently or formerly owned, leased, operated or used by DCS, nor has there been or is there threatened any release of any Hazardous Materials on or at any such site. To the Knowledge of DCS or any of the Stockholders, DCS does not presently own or lease, nor has it previously owned or leased, any site on which underground storage tanks are or were located. No lien has been imposed by any governmental agency on any property, facility, machinery, or equipment owned, operated, leased or used by DCS in connection with the presence of any Hazardous Materials. To the Knowledge of DCS or any of the Stockholders, DCS has no liability under nor has it ever violated any Environmental Law with respect to any property owned, operated, leased, or used by DCS and any facilities and operations thereon. In addition, DCS, any property owned, operated, leased, or used by DCS, and any facilities and operations thereon are presently in material compliance with all applicable Environmental Laws. DCS has not entered into or been subject to any consent decree, compliance order or administrative order with respect to any environmental or health and safety matter or received any request for information, notice, demand letter, administrative inquiry, or formal or informal complaint or claim with respect to any environmental or health and safety matter or any enforcement of any Environmental Law; and DCS and the Stockholders have no Knowledge that any of the above will be forthcoming. The Schedule of Environmental Matters (Exhibit 5.26 hereto) contains copies of all documents, records, and information available to DCS concerning any environmental or health and safety matter relevant to DCS, whether generated by DCS or others, including, without limitation, environmental audits, environmental risk assessments, site assessments, documentation regarding off-site disposal of Hazardous Materials, spill control plans, and reports, correspondence, permits, licenses, approvals, consents or other authoriz...
Disclosure of Environmental Information. The Company has made available true and accurate copies of all material environmental reports, assessments, audits, correspondence and other environmental information within the possession or control of the Company (the “Environmental Reports”) with respect to the Real Property, the operations of the Company, or the Company’s compliance with Environmental and Safety Requirements and all such reports are identified on Schedule 7.19(i).
Disclosure of Environmental Information. Except for its fueling activity with respect to Jet A and avgas fuel, all of which was conducted in full compliance of all Environmental Laws (as defined below), Seller has never generated, used, stored or handled any Hazardous Materials (as hereinafter defined) nor has it treated, stored, disposed of, spilled or released any Hazardous Materials at any site presently or formerly owned, leased, operated or used by Seller or shipped any Hazardous Materials for treatment, storage or disposal at any other site or facilities. No other person has ever generated, used, handled, stored or disposed of any Hazardous Materials at any site presently or formerly owned, leased, operated or used by Seller, nor has there been or is there threatened any release of any Hazardous Materials on or at any such site. Seller does not presently own or lease, nor has it previously owned or leased, any site on which underground storage tanks are or were located. No lien has been imposed by any governmental agency on any property, facility, machinery, or equipment owned, operated, leased or used by Seller in connection with the presence of any Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean and include ethylene oxide, any hazardous waste, hazardous material, hazardous substance, petroleum product, oil, toxic substance or pollutant as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Hazardous Materials Transportation Act or any other foreign, federal, state or local law, regulation, ordinance, rule or by-law, whether existing as of the date hereof, previously enforced or subsequently enacted pertaining to environmental or health and safety matters.
Disclosure of Environmental Information. Tenant shall promptly inform the Port of the existence of any other environmental study, evaluation, investigation or results of any environmental testing conducted by or for Tenant on the Premises whenever the same become known to Tenant, and Tenant shall provide the Port the opportunity to review and comment on the same, unless and except to the extent such disclosure could compromise attorney client, work product or other legal privilege. If the Port intends to release or disclose any such Environmental Information on its own or pursuant to a request for release or disclosure pursuant to Ch. 42.56 RCW or otherwise, the Port shall notify Tenant of such intention or request by telephone and certified mail, return receipt requested, at least twenty (20) business days prior to such release or disclosure such that Tenant shall have an opportunity to seek a protective order to prevent or limit such release or disclosure.
Disclosure of Environmental Information. Without modifying Buyer's representation and warranty contained in Section 6.07, to Seller's knowledge, Seller has not intentionally withheld from Buyer any material Environmental Information that, if disclosed, would trigger an adjustment to the Purchase Price under this Agreement due to an Environmental Defect.
Disclosure of Environmental Information
