Common use of Environment, Health, and Safety Clause in Contracts

Environment, Health, and Safety. (i) The Company and its Affiliates have complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Company and its Affiliates have obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (ii) The Company has no Liability (and the Company and its Affiliates has handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any Liability) for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iii) All properties and equipment used in the business of the Company and its Affiliates have been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (ia) The Except as set forth on Schedule 3.26, the Company and its Affiliates have has complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Company and its Affiliates have has obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (iib) The Except as set forth on Schedule 3.26, the Company has no Liability (and the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any Liability) for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iiic) All properties owned or leased and equipment used in the business of the Company Company, its subsidiaries, and its their respective predecessors and Affiliates have been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylenetransdichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (ia) The Company and its Affiliates have ECC has complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them it alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Company and its Affiliates have ECC has obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (iib) The Company ECC does not have any Liability and has no Liability (and the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company ECC giving rise to any Liability) Liability for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iiic) All properties and equipment used in the business of the Company and its Affiliates have ECC has been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (i) The Company and its Affiliates have To Sellers' Knowledge, the Target has materially complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them alleging any failure so to comply. Without limiting the generality of the preceding sentence, to Sellers' Knowledge, the Company and its Affiliates have Target has obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have has materially complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (ii) The Company To Sellers' Knowledge, the Target has no Liability (and the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any Liability) for damage to any site, location, or body in violation of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iii) All To Sellers' Knowledge, all properties and equipment used in the business of the Company and its Affiliates Target have been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (ia) The Company and its Affiliates have has complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them the Company alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Company and its Affiliates have has obtained and been in material compliance with all of the terms and conditions of all material permits, licenses, and other authorizations which are required under, and have has complied in all material respects with all other material limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (iib) The Company has no Liability (and the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any Liability) Liability for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iiic) All properties and equipment used in the business of by the Company is now and its Affiliates at all relevant times have been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (ia) The Company and its Affiliates have has complied in all material respects with all applicable Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them the Company alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Company and its respective predecessors and Affiliates have obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all applicable Environmental, Health, and Safety Laws. (iib) The Company has no Liability (and the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility facility, in each case in any manner that could form the Basis basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any Liabilitymaterial liability for (i) for damage to any site, location, or body of water (surface or subsurface), for (ii) any illness of or personal injury to any employee or other individual, or (iii) for any other reason under any Environmental, Health, and Safety Law. (iiic) All To the Knowledge of the Company, all properties and equipment used in the business of the Company and its Affiliates have been free of asbestos, PCB's’s, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (ia) The Company and its Affiliates have Advisor (including the Development Company) has complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them it alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Company and its Affiliates have Advisor (including the Development Company) has obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (iib) The Company Advisor (including the Development Company) does not have any Liability and has no Liability (and the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company Advisor giving rise to any Liability) Liability for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iiic) All properties and equipment used in the business of the Company and its Affiliates have Advisor (including the Development Company) has been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.

Environment, Health, and Safety. (i) The To the Sellers' Knowledge, the Company and its Affiliates have has complied in all material respects with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them it alleging any failure so to comply. Without limiting the generality of the preceding sentence, to the Sellers' Knowledge the Company and its Affiliates have has obtained and been in material compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and have has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all Environmental, Health, and Safety Laws. (ii) The Company has no Liability (and to the Sellers' Knowledge the Company and its Affiliates has not handled or disposed of any substance, arranged for the disposal of any substance, exposed any employee or other individual to any substance or condition, or owned or operated any property or facility in any manner that could form the Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against the Company giving rise to any Liability) for damage to any site, location, or body of water (surface or subsurface), for any illness of or personal injury to any employee or other individual, or for any reason under any Environmental, Health, and Safety Law. (iii) All To the Sellers' Knowledge, all properties and equipment used in the business of the Company and its predecessors and Affiliates have been free of asbestos, PCB's, methylene chloride, trichloroethylene, 1,2-trans-trans- dichloroethylene, dioxins, dibenzofurans, and Extremely Hazardous Substances.