Common use of ENVIRONMENT AND HEALTH AND SAFETY Clause in Contracts

ENVIRONMENT AND HEALTH AND SAFETY. 24.1 In this paragraph 24 the following additional definitions apply: the CRC Energy Efficiency Scheme established by the CRC Order; the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme Order 2013; the natural and man-made environment including all or any of the following media: air (including air within buildings and other natural or man-made structures above or below the ground), water, land, and any ecological systems and living organisms (including man) supported by those media; all applicable laws, statutes, regulations, subordinate legislation, bye-laws, common law and other national, international, federal, European Union, state and local laws, judgments, decisions and injunctions of any court or tribunal, and codes of practice and guidance notes, in each case to the extent that they relate to or apply to the Environment, energy efficiency, climate change or the health and safety of any person; all matters relating to: (a) pollution or contamination of the Environment; (b) the presence, disposal, release, spillage, deposit, escape, discharge, leak, migration or emission of Hazardous Substances or Waste; (c) the exposure of any person to Hazardous Substances or Waste; (d) the health and safety of any person, including any accidents, injuries, illnesses and diseases; (e) the creation or existence of any noise, vibration, odour, radiation, common law or statutory nuisance or other adverse impact on the Environment; or (f) the condition, protection, maintenance, remediation, reinstatement, restoration or replacement of the Environment or any part of it; any permits, licences, consents, certificates, registrations, notifications or other authorisations necessary under any EHS Laws for the operation of the Group’s business or relating to any Property; harm to the Environment including, in the case of man, offence caused to any of his senses or harm to his property; any material, substance or organism which, alone or in combination with others, is capable of causing Harm, including radioactive substances, materials containing asbestos and Japanese knotweed; and any waste and anything that is discarded, disposed of, spoiled, abandoned, unwanted or surplus, irrespective of whether it is capable of being recovered or recycled or has any value.

ENVIRONMENT AND HEALTH AND SAFETY. 24.1 In 32.1 The definitions in this paragraph 24 the following additional definitions applyapply in this agreement. Environment: the CRC Energy Efficiency Scheme established by the CRC Order; the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme Order 2013; the natural and man-made environment including all or any of the following media: air (including air within buildings and other natural or man-made structures above or below the ground), water, land, and any ecological systems and living organisms (including man) supported by those media; . EHS Laws: all applicable laws, statutes, regulations, subordinate legislation, bye-laws, common law and other national, international, federal, European Union, state and local laws, directives, judgments, decisions and injunctions of any court or tribunal, tribunal and legally binding codes of practice and guidance notes, in each case notes to the extent that they relate to or apply to the Environment, energy efficiency, climate change Hazardous Substances or Waste or to the health and safety of any person; . EHS Matters: all matters relating to: (a) pollution or contamination of the Environment; (b) the presence, use, handling, management, treatment, storage, disposal, release, spillage, deposit, escape, discharge, leak, migration or emission of Hazardous Substances or Waste; (c) the exposure of any person to Hazardous Substances or Waste; (d) the health and safety of any person, including any accidents, injuries, illnesses and diseases; (e) the creation or existence of any noise, vibration, odour, radiation, common law or statutory nuisance or other adverse impact on the Environment; orand/or (f) the condition, protection, maintenance, remediation, reinstatement, restoration or replacement of the Environment or any part of it; . EHS Permits: any permits, licences, consents, certificates, registrations, notifications or other authorisations necessary required under any EHS Laws for the operation of the Group’s business Business or relating in relation to any the Property; . Harm: harm to the Environment includingEnvironment, and in the case of man, this includes offence caused to any of his senses or harm to his property; . Hazardous Substances: any material, substance or organism which, alone or in combination with others, is capable of causing Harm, including radioactive substances, substances and materials containing asbestos and Japanese knotweed; and asbestos. Waste: any waste waste, including any by-product of an industrial process and anything that is discarded, disposed of, spoiled, abandoned, unwanted or surplus, irrespective of whether it is capable of being recovered or recycled or has any value. 32.2 The Company has obtained and complied at all times in all material respects with all EHS Permits. All EHS Permits are in full force and effect, and, so far as the Sellers are aware, there are no facts or circumstances that may lead to the revocation, suspension, variation or non-renewal of or the inability to transfer any EHS Permits. 32.3 The Company has at all times operated in compliance in all material respects with all EHS Laws in force from time to time and so far as the Sellers are aware there are no facts or circumstances that may lead to any breach of or liability under any EHS Laws or any claim or liability in respect of EHS Matters. 32.4 There are no Hazardous Substances that have been released or disposed by the Company or, so far as the Sellers are aware, by any other person at, on or under, nor have any such Hazardous Substances been emitted, escaped or migrated from, the Property that has led or may lead to any material breach of or liability under any EHS Laws or any material claim or liability in respect of EHS Matters nor have Hazardous Substances generated by the Company been released at or otherwise come to be located at any other property in violation of EHS Laws or as may give rise to a liability of the Company. 32.5 There have been no claims, investigations, prosecutions or other proceedings against or, so far as the Sellers are aware, threatened against the Company or any of its directors, officers or employees in respect of Harm arising from the operation of the Business or occupation of the Property or for any breach or alleged breach of any EHS Permits or EHS Laws and there are no facts or circumstances that may lead to any such claims, investigations, prosecutions or other proceedings. 32.6 At no time has the Company received any notice, communication or information alleging any material liability in relation to any EHS Matters or that any remediation works are required. 32.7 The Company does not have, nor, so far as the Sellers are aware, is it likely to have, any actual or potential material liability under any EHS Laws by reason of it having owned, occupied or used any previous properties. 32.8 The Company has not given or received any warranties or indemnities or any other agreement in respect of any liabilities, duties or obligations that arise under EHS Laws. 32.9 The Sellers and the Company have provided or made available to the Buyer for review true and correct copies of all environmental reports, studies, audits, investigations, assessments, correspondence and other environmental documents in the possession or control of the Sellers and/or the Company in each case that are material to an understanding of the EHS Matters of the Company.

ENVIRONMENT AND HEALTH AND SAFETY. 24.1 In 30.1 The definitions in this paragraph 24 the following additional definitions applyapply in this agreement. EHS Laws: the CRC Energy Efficiency Scheme established by the CRC Order; the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme Order 2013; the natural and man-made environment including all or any of the following media: air (including air within buildings and other natural or man-made structures above or below the ground), water, land, and any ecological systems and living organisms (including man) supported by those media; all applicable laws, statutes, regulations, subordinate legislation, bye-laws, common law and other national, international, federal, European Union, state and local laws, judgments, decisions and injunctions of any court or tribunal, tribunal and legally binding codes of practice and guidance notes, in each case notes which from time to time apply to the Company (or any part of their business) and to the extent that they relate to or apply to the Environment, energy efficiency, climate change emissions, Waste or the health and safety of any person; . EHS Matters: all matters relating to: (a) pollution or contamination of the Environment; (b) the generation, presence, disposal, release, spillage, deposit, escape, discharge, leak, migration or emission of Hazardous Substances or Waste; (c) the exposure of any person to Hazardous Substances or Waste; (d) the health and safety of any person, including any accidents, injuries, illnesses and diseases; (e) the creation or existence of any noise, vibration, odour, radiation, common law or nuisance (including statutory nuisance nuisance) or other adverse impact on the Environment; or (f) or the condition, protection, maintenance, remediation, reinstatement, restoration or replacement of the Environment or any part of it; . EHS Permits: any permits, licences, consents, certificates, registrations, notifications or other authorisations necessary required under any EHS Laws for the operation of the Group’s business Business or relating in relation to any Property; of the Properties. Environment: the natural and human-made environment including all or any of the following media: air (including air within buildings and other natural or human-made structures above or below the ground), water, land and any ecological systems and living organisms (including human) supported by those media. Harm: harm to the Environment includingEnvironment, and in the case of manan individual, this includes offence caused to any of his their senses or harm to his their property; . Hazardous Substances: any material, substance or organism which, alone or in combination with others, is capable of causing Harm, including radioactive substances, substances and materials containing asbestos and Japanese knotweed; and asbestos. Waste: any waste waste, including any by-product of an industrial process and anything that is discarded, disposed of, spoiled, abandoned, unwanted or surplus, irrespective of whether it is capable of being recovered or recycled or has any value. 30.2 The Company has obtained and complied at all times with all EHS Permits. All EHS Permits are in full force and effect, and there are no facts or circumstances that may lead to the revocation, suspension, variation or non-renewal of, or the inability to transfer, any EHS Permits or which would prevent compliance with any EHS Permit. The Company is not and are not likely to be required to incur any material expenditure. 30.3 The Company has at all times been operated in compliance with all EHS Laws and there are no facts or circumstances that may lead to any breach of or liability under any EHS Laws or any claim or liability in respect of EHS Matters. The Company is not likely to be required by any EHS Laws to incur any material expenditure or to desist from taking any action that is required for carrying on the Business. 30.4 There are no Hazardous Substances at, on or under, nor have any Hazardous Substances been emitted, escaped or migrated from, any of the Properties. 30.5 There are, and have been, no landfills, underground storage tanks or uncontained or unlined storage treatment or disposal areas for Hazardous Substances or Waste (whether permitted by EHS Laws or otherwise) present or carried out at, on or under any of the Properties or within 200 metres of any of the Properties, and so far as the Sellers are aware no such operations are proposed. 30.6 The Company has not ever been required to hold, nor has it ever applied for, a waste disposal licence, a waste management licence or a permit for waste operations under any EHS Laws. 30.7 There have been no claims, investigations, prosecutions or other proceedings against or threatened against the Sellers or the Company or any of its directors, officers or employees in respect of Harm arising from the operation of the Business or occupation of any of the Properties or for any breach or alleged breach of any EHS Permits or EHS Laws, and there are no facts or circumstances that may lead to any such claims, investigations, prosecutions or other proceedings. At no time have the Sellers or the Company received any notice, communication or information alleging any liability in relation to any EHS Matters or that any works are required. 30.8 Neither the Sellers nor the Company has received any enforcement, prohibition, stop, remediation, improvement or any other notice from, or been subject to any civil sanction imposed by, or entered into any undertaking with or proposed any undertaking to, any enforcement authority, including the Scottish Environment Protection Agency, the Health and Safety Executive or the relevant local authority, with regard to any EHS Matters or any breach of EHS Laws in respect of the Business, the Company or any of the Properties. 30.9 The Company has adequate employers' liability and public liability cover in respect of the Business and the Properties and no claims have been made or are contemplated under any such insurance. 30.10 Up to date copies of all: (a) current EHS Permits and communications with regulatory authorities or other third parties with regard to or in connection with current EHS Permits; (b) environmental and health and safety policy statements; (c) reports in respect of environmental and health and safety audits, investigations and other assessments; (d) records of accidents, illnesses and reportable diseases; (e) assessments of substances hazardous to health; (f) correspondence on EHS Matters between the Company and any relevant enforcement authority; and (g) copies or details of all Waste disposal contracts, relating to the Business or any of the Properties have been Disclosed and all such statements, reports, records, correspondence and other information are complete and accurate and are not misleading. 30.11 The Company has not nor is likely to have any actual or potential liability under any EHS Laws by reason of having owned, occupied or used any Previous Owned Properties. 30.12 The Company has not given or received any warranties or indemnities or entered into any other agreement in respect of any liabilities, duties or obligations that arise under EHS Laws.

ENVIRONMENT AND HEALTH AND SAFETY. 24.1 In 28.1 The definitions in this paragraph 24 apply in this agreement. EHS Laws: all laws, statutes, regulations, subordinate legislation, bye-laws, common law and other national, international, federal, European Union, state and local laws, judgments, decisions and injunctions of any court or tribunal, and legally binding codes of practice and guidance notes which from time to time apply to the following additional definitions applyCompany or any of its Subsidiaries (or any part of their business) and to the extent that they relate to or apply to the Environment, energy efficiency, climate change or the health and safety of any person. EHS Matters: all matters relating to: a) pollution or contamination of the CRC Energy Efficiency Scheme established by Environment; b) the CRC Orderpresence, disposal, release, spillage, deposit, escape, discharge, leak, migration or emission of Hazardous Substances or Waste; c) the exposure of any person to Hazardous Substances or Waste; d) the health and safety of any person, including any accidents, injuries, illnesses and diseases; e) the creation or existence of any noise, vibration, odour, radiation, common law or statutory nuisance or other adverse impact on the Environment; or f) the CRC Energy Efficiency Scheme Order 2010 and condition, protection, maintenance, remediation, reinstatement, restoration or replacement of the CRC Energy Efficiency Scheme Order 2013; Environment or any part of it. EHS Permits: any permits, licences, consents, certificates, registrations, notifications or other authorisations required under any EHS Laws for the operation of the Business or in relation to any of the Properties. Environment: the natural and man-made environment including all or any of the following media: air (including air within buildings and other natural or man-made structures above or below the ground), water, land, and any ecological systems and living organisms (including man) supported by those media; all applicable laws, statutes, regulations, subordinate legislation, bye-laws, common law and other national, international, federal, European Union, state and local laws, judgments, decisions and injunctions of any court or tribunal, and codes of practice and guidance notes, in each case to the extent that they relate to or apply . Harm: harm to the Environment, energy efficiency, climate change or the health and safety of any person; all matters relating to: (a) pollution or contamination of the Environment; (b) the presence, disposal, release, spillage, deposit, escape, discharge, leak, migration or emission of Hazardous Substances or Waste; (c) the exposure of any person to Hazardous Substances or Waste; (d) the health and safety of any person, including any accidents, injuries, illnesses and diseases; (e) the creation or existence of any noise, vibration, odour, radiation, common law or statutory nuisance or other adverse impact on the Environment; or (f) the condition, protection, maintenance, remediation, reinstatement, restoration or replacement of the Environment or any part of it; any permits, licences, consents, certificates, registrations, notifications or other authorisations necessary under any EHS Laws for the operation of the Group’s business or relating to any Property; harm to the Environment including, in the case of manan individual, this includes offence caused to any of his their senses or harm to his their property; . Hazardous Substances: any material, substance or organism which, alone or in combination with others, is capable of causing Harm, including (but not limited to) radioactive substances, and materials containing asbestos and Japanese knotweed; and . Waste: any waste waste, including any by-product of an industrial process and anything that is discarded, disposed of, spoiled, abandoned, unwanted or surplus, irrespective of whether it is capable of being recovered or recycled or has any value. 28.2 The Company has obtained and complied at all times with all EHS Permits. All EHS Permits are in full force and effect, and there are no facts or circumstances that may lead to the revocation, suspension, variation or non-renewal of, or the inability to transfer, any EHS Permits. 28.3 The Company has at all times operated in compliance with all EHS Laws and there are no facts or circumstances that may lead to any breach of or liability under any EHS Laws or any claim or liability in respect of EHS Matters. 28.4 There are no Hazardous Substances at, on or under, nor have any Hazardous Substances been emitted, escaped or migrated from, any of the Properties. 28.5 There are, and have been, no landfills, underground storage tanks, or uncontained or unlined storage treatment or disposal areas for Hazardous Substances or Waste (whether permitted by EHS Laws or otherwise) present or carried out at, on or under any of the Properties or within 200 metres of any of the Properties, and so far as the Seller is aware no such operations are proposed. 28.6 The Company has never been required to hold, nor has ever applied for, a waste disposal licence, a waste management licence or an environmental permit for waste operations under any EHS Laws. 28.7 There have been no claims, investigations, prosecutions or other proceedings against or threatened against any Seller, the Company, or any of their respective directors, officers or employees in respect of Harm arising from the operation of the Business or occupation of any of the Properties or for any breach or alleged breach of any EHS Permits or EHS Laws, and there are no facts or circumstances that may lead to any such claims, investigations, prosecutions or other proceedings. At no time has any of the Sellers, the Company received any notice, communication or information alleging any liability in relation to any EHS Matters or that any works are required. 28.8 Neither the Seller, nor the Company has received any enforcement, prohibition, stop, remediation, improvement or any other notice from, or been subject to any civil sanction imposed by, any enforcement authority, including (but not limited to) the Environment Agency, Natural Resources Wales, the Health and Safety Executive or the relevant local authority, with regard to any EHS Matters or any breach of EHS Laws in respect of the Business, the Company, any of the Subsidiaries or any of the Properties. 28.9 The Company has adequate employers' liability and public liability insurance cover in respect of the Business and the Properties and no claims have been made or are contemplated under any such insurance.

ENVIRONMENT AND HEALTH AND SAFETY. 24.1 In The definitions in this paragraph 24 the following additional definitions applyapply in this agreement. CRC: the CRC Energy Efficiency Scheme established by the CRC Order; . CRC Order: the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme Order 2013; (SI 2010/768). Environment: the natural and man-made environment including all or any of the following media: air (including air within buildings and other natural or man-made structures above or below the ground), water, land, and any ecological systems and living organisms (including man) supported by those media; . EHS Laws: all applicable laws, statutes, regulations, subordinate legislation, bye-laws, common law and other national, international, federal, European Union, state and local laws, judgments, decisions and injunctions of any court or tribunal, and codes of practice and guidance notes, notes that are legally binding and in each case force as at the date of this agreement to the extent that they relate to or apply to the Environment, energy efficiency, climate change Environment or to the health and safety of any person; . EHS Matters: all matters relating to: (a) pollution or contamination of the Environment; (b) the presence, disposal, release, spillage, deposit, escape, discharge, leak, migration or emission of Hazardous Substances or Waste; (c) the exposure of any person to any Hazardous Substances or Waste; (d) the health and safety of any person, including any accidents, injuries, illnesses and diseases; (e) the creation or existence of any noise, vibration, odour, radiation, common law or statutory nuisance or other adverse impact on the Environment; or (f) the condition, protection, maintenance, remediation, reinstatement, restoration or replacement of the Environment or any part of it; . EHS Permits: any permits, licences, consents, certificates, registrations, notifications or other authorisations necessary required under any EHS Laws for the operation of the Group’s business Business or relating in relation to any Property; of the Properties. Harm: harm to the Environment includingEnvironment, and in the case of man, this includes offence caused to any of his senses or harm to his property; . Hazardous Substances: any material, substance substances or organism which, alone or in combination with others, is capable of causing Harm, including radioactive substances, substances and materials containing asbestos and Japanese knotweed; and any waste and anything that is discarded, disposed of, spoiled, abandoned, unwanted or surplus, irrespective of whether it is capable of being recovered or recycled or has any valueasbestos.