Common use of Environment and Safety Clause in Contracts

Environment and Safety. (a) Such Seller has complied and is in compliance with all Environmental and Safety Requirements (including without limitation all permits, licenses and other authorizations that may be required thereunder) for the occupation of its Leased Real Property and the operation of its Restaurants or otherwise related to its Leased Real Property or the operations of its Restaurants. Such Seller has accurately prepared and timely filed with the appropriate Governmental Entities all reports, notifications and filings required pursuant to Environmental and Safety Requirements affecting its Leased Real Property or Restaurants. With respect to such Leased Real Property and Restaurants, such Seller has not received any notice of any action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice against it alleging any violation of, any liability (contingent or otherwise) or any corrective or remedial obligation under any Environmental and Safety Requirements or involving any of its current or past operations or any Leased Real Property used by such Seller. With respect to such Leased Real Property and Restaurants, such Seller has not expressly or, to such Seller’s Knowledge, by operation of law, assumed, undertaken or become subject to any Liability of any other Person under any Environmental and Safety Requirements. To such Seller’s Knowledge, none of the following currently exists, has existed during Seller’s occupancy, has ever existed at the Leased Real Property: (i) underground storage tanks, (ii) asbestos-containing material in any form or condition, (iii) materials or equipment containing polychlorinated biphenyls or (iv) landfills, surface impoundments or disposal areas. No Environmental Lien has attached to any Leased Real Property. Such Seller has not been notified that it is potentially responsible or liable under or received any requests for information or other correspondence concerning its Leased Real Property or Restaurants under CERCLA or any similar law. Regarding the Leased Real Property or the Restaurants, such Seller has not entered into or received any Orders pursuant to Environmental and Safety Requirements and under which there are continuing obligations.

Environment and Safety. (a) Such Seller Except as set forth in Schedule 5.19, the Company has materially complied and is in material compliance with all Environmental and Safety Requirements (including including, without limitation limitation, all permits, licenses and other authorizations that may be required thereunder) for the occupation of its Leased the Real Property and the operation of its Restaurants the Business or otherwise related to its Leased the Real Property or the operations Business. Schedule 5.19 contains a list of its Restaurantsall permits, licenses and authorizations required under all Environmental and Safety Requirements. Such Seller The Company has accurately prepared and timely filed with the appropriate Governmental Entities all reports, notifications notifications, and filings required pursuant to Environmental and Safety Requirements affecting its Leased the Real Property or Restaurantsthe Business. With respect to such Leased Real Property and Restaurants, such Seller The Company has not received any notice of any action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice against it the Company alleging any violation of, any liability (contingent or otherwise) or any corrective or remedial obligation under any Environmental and Safety Requirements or involving any of its current or past operations or any Leased Real Property currently or formerly used by such Sellerthe Company. With respect to such Leased Real Property and Restaurants, such Seller The Company has not expressly or, to such Seller’s Knowledge, or by operation of law, law assumed, undertaken or become subject to any Liability of any other Person under any Environmental and Safety Requirements. To such Seller’s KnowledgeSchedule 5.10(d) sets forth a complete and accurate list of all real property owned, none leased or operated by the Company in connection with the Business. None of the following currently existsexists nor, has existed during to the knowledge of Seller’s occupancy, has ever existed existed, at any of the Leased Real PropertyProperty or any other real property previously owned or operated by the Company: (i) underground storage tanks, ; (ii) asbestos-containing material in any form or condition, ; (iii) materials or equipment containing polychlorinated biphenyls or biphenyls; and (iv) landfills, surface impoundments or disposal areas. No Environmental Lien has attached to any Leased Real Propertyproperty owned, leased or operated by the Company. Such Seller The Company has not been notified that it is potentially responsible or liable under or received any requests for information or other correspondence concerning its Leased Real Property any site or Restaurants facility under CERCLA or any similar law. Regarding the Leased Real Property or the Restaurants, such Seller The Company has not entered into or received any Orders consent, decree, compliance order, or administrative order pursuant to Environmental and Safety Requirements and under which there are continuing obligations.

Environment and Safety. (a) Such The Seller has complied with, and is the Acquired Assets and, to the Knowledge of the Seller, the Real Property are in compliance with with, all Environmental and Safety Requirements (including including, without limitation limitation, all permits, licenses and other authorizations Permits that may be required thereunder) for the occupation of its Leased the Real Property and the operation of its Restaurants the Business or otherwise related to its Leased the Real Property or the operations Business). Schedule 5.18(a) contains a list of its Restaurantsall Permits required under all Environmental and Safety Requirements for the operation of the Business, and the ownership, operation or occupation of the Real Property and the Acquired Assets. Such The Seller has accurately prepared and timely filed with the appropriate Governmental Entities Authorities all reports, notifications notifications, and filings required pursuant to Environmental and Safety Requirements affecting its Leased Real Property for the operation of the Business and the ownership, operation or Restaurants. With respect to such Leased occupation of the Real Property and Restaurants, such the Acquired Assets. The Seller has not received any notice of or other information regarding any action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand actual or notice against it alleging any alleged violation of, any liability (contingent actual or otherwise) potential Liability under, or any corrective or remedial obligation under under, any Environmental and Safety Requirements or involving any of its current or past operations with respect to the Business, the Real Property, the Acquired Assets, or any Leased Real Property property, facility, or operations owned, operated, or used by such the Seller or the Business, or any predecessor of the Seller. With respect to such Leased Real Property and Restaurants, such The Seller has not expressly or, to such Seller’s Knowledge, by operation of law, assumed, undertaken or become subject to any Liability of any other Person under with respect to any Environmental and Safety Requirements. To such Seller’s Knowledge, none of the following currently exists, has existed during Seller’s occupancy, has ever existed at the Leased Real Property: (i) underground storage tanks, (ii) asbestos-containing material in any form or condition, (iii) materials or equipment containing polychlorinated biphenyls or (iv) landfills, surface impoundments or disposal areas. No Environmental Lien has attached to any Leased Real Property. Such The Seller has not been notified that it is potentially responsible or liable under liable, or received any requests for information or other correspondence concerning its Leased Real Property any site or Restaurants facility, under CERCLA or any similar law. Regarding the Leased Real Property or the Restaurants, such Seller has not entered into or received any Orders pursuant to Environmental and Safety Requirements and under which there are continuing obligationsRequirements.

Environment and Safety. (a) Such Seller Except as set forth in Schedule 5.19, the Company has materially complied and is in material compliance with all Environmental and Safety Requirements (including including, without limitation limitation, all permits, licenses and other authorizations that may be required thereunder) for the occupation of its Leased the Real Property and the operation of its Restaurants the Business or otherwise related to its Leased the Real Property or the operations Business. Schedule 5.19 contains a list of its Restaurantsall permits, licenses and authorizations required under all Environmental and Safety Requirements. Such Seller The Company has accurately prepared and timely filed with the appropriate Governmental Entities all reports, notifications notifications, and filings required pursuant to Environmental and Safety Requirements affecting its Leased the Real Property or Restaurantsthe Business. With respect to such Leased Real Property and Restaurants, such Seller The Company has not received any notice of any action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice against it the Company alleging any violation of, any liability (contingent or otherwise) or any corrective or remedial obligation under any Environmental and Safety Requirements or involving any of its current or past operations or any Leased Real Property currently or formerly used by such Sellerthe Company. With respect to such Leased Real Property and Restaurants, such Seller The Company has not expressly or, to such Seller’s Knowledge, or by operation of law, law assumed, undertaken or become subject to any Liability of any other Person under any Environmental and Safety Requirements. To such Seller’s KnowledgeSchedule 5.10(d) sets forth a complete and accurate list of all real property owned, none leased or operated by the Company in connection with the Business. None of the following currently existsexists nor, has existed during to the knowledge of Seller’s occupancy, has ever existed existed, at any of the Leased Real PropertyProperty or any other real property previously owned or operated by the Company: (i) underground storage tanks, ; (ii) asbestos-asbestos- containing material in any form or condition, ; (iii) materials or equipment containing polychlorinated biphenyls or biphenyls; and (iv) landfills, surface impoundments or disposal areas. No Environmental Lien has attached to any Leased Real Propertyproperty owned, leased or operated by the Company. Such Seller The Company has not been notified that it is potentially responsible or liable under or received any requests for information or other correspondence concerning its Leased Real Property any site or Restaurants facility under CERCLA or any similar law. Regarding the Leased Real Property or the Restaurants, such Seller The Company has not entered into or received any Orders consent, decree, compliance order, or administrative order pursuant to Environmental and Safety Requirements and under which there are continuing obligations.

Environment and Safety. (a) Such Except as set forth in Schedule 3.19, such Seller has complied and is in compliance with all Environmental and Safety Requirements (including without limitation all permits, licenses and other authorizations that may be required thereunder) for the occupation of its Leased Real Property and the operation of its Restaurants or otherwise related to its Leased Real Property or the operations of its Restaurants. Such Seller has accurately prepared and timely filed with the appropriate Governmental Entities all reports, notifications and filings required pursuant to Environmental and Safety Requirements affecting its Leased Real Property or Restaurants. With respect to such Leased Real Property and Restaurants, such Seller has not received any notice of any action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice against it alleging any violation of, any liability (contingent or otherwise) or any corrective or remedial obligation under any Environmental and Safety Requirements or involving any of its current or past operations or any Leased Real Property used by such Seller. With respect to such Leased Real Property and Restaurants, such Seller has not expressly or, to such Seller’s Knowledge, by operation of law, assumed, undertaken or become subject to any Liability of any other Person under any Environmental and Safety Requirements. To such Seller’s Knowledge, none of the following currently exists, has existed during such Seller’s occupancyoccupancy of, or has ever existed at the Leased Real Property: (i) underground storage tanks, (ii) asbestos-containing material in any form or condition, (iii) materials or equipment containing polychlorinated biphenyls or (iv) landfills, surface impoundments or disposal areas. No Environmental Lien has attached to any Leased Real Property. Such Seller has not been notified that it is potentially responsible or liable under or received any requests for information or other correspondence concerning its Leased Real Property or Restaurants under CERCLA or any similar law. Regarding the Leased Real Property or the Restaurants, such Seller has not entered into or received any Orders pursuant to Environmental and Safety Requirements and under which there are continuing obligations.