Common use of ENVIRONMENTAL AND HEALTH AND SAFETY Clause in Contracts

ENVIRONMENTAL AND HEALTH AND SAFETY. 12.1 Each of the Group SPVs, the operation of their businesses, are in compliance with all applicable Environmental Laws and orders or directives of any Governmental Authority having jurisdiction under such Applicable Laws. 12.2 Each of the Group SPVs have obtained and holds all requisite Approvals required under applicable Environmental Laws with respect to its businesses including ownership and operation of the relevant Project Assets on the Leasehold Properties (if any required to be obtained under applicable Environmental Laws in its capacity as the lessee of the Leasehold Properties), and all such Approvals are valid and in full force and effect. 12.3 Each of the Group SPVs have made all necessary filings and reporting(s) required under applicable Environmental Laws within the statutory prescribed time limits. Each of the Group SPVs or Sellers have not received any complaint, order, directive, claim, citation or notice from any Governmental Authority concerning the failure of any of the Group SPVs to comply with any applicable Environmental Law. (a) All health and safety standards promulgated by relevant Governmental Authorities and applicable to the Project Assets have been complied with, including but not limited to fire safety standards; and (b) no liabilities have been incurred for breach of any Environmental Law or any obligations pertaining to environment protections, with respect to the Project Assets; and (c) there are no circumstances existing which would give rise or would reasonably be expected to give rise to any such liability on the part of any of the Group SPVs, or with respect to the Project Assets. Each of the Group SPVs have not expressly assumed or undertaken any Liability of any other Person relating to Environmental Laws. 12.5 No Claims, Litigations (whether civil, criminal, regulatory or administrative) or complaints have been made or issued or threatened (in writing)/ are outstanding/ anticipated by any Governmental Authority with regard to the Project Assets in relation to any liability under any applicable Environmental Laws. 12.6 There have been no Claims, investigations or Litigations made or threatened (in writing) against any of the Group SPVs or any of their officers or employees in respect of accidents, injuries, illness, disease or other harm to the health and safety of employees, contractors or any other persons and there are no facts or circumstances which may lead to any such Claims, investigations or Litigations.

ENVIRONMENTAL AND HEALTH AND SAFETY. 12.1 8.1 Each of the Group SPVsCompany complies, the operation of their businessesand has *** complied, are in compliance with all applicable Environmental Laws and orders or directives of any Governmental Authority having jurisdiction under such Applicable Lawsin all material respects. 12.2 8.2 Each Group Company has obtained all Environmental Licences (all of the Group SPVs have obtained and holds all requisite Approvals required under applicable Environmental Laws with respect to its businesses including ownership and operation of the relevant Project Assets on the Leasehold Properties (if any required to be obtained under applicable Environmental Laws in its capacity as the lessee of the Leasehold Properties), and all such Approvals which are valid and subsisting) and complies in full force all material respects with the terms and effect. 12.3 Each conditions of the all its Environmental Licences. No Group SPVs have made all necessary filings and reporting(s) required under applicable Environmental Laws within the statutory prescribed time limits. Each of the Group SPVs or Sellers have not Company has received any complaint, order, directive, claim, citation or written notice from any Governmental Regulatory Authority concerning the failure threatening a suspension, revocation, modification or cancellation of any of the Group SPVs to comply with any applicable such Environmental Law. (a) All health and safety standards promulgated by relevant Governmental Authorities and applicable to the Project Assets have been complied withLicense ***, including but not limited to fire safety standards; and (b) no liabilities have been incurred for breach of any Environmental Law event or any obligations pertaining to environment protections, with respect to the Project Assets; and (c) there are no circumstances existing which would give rise has occurred or would circumstance exists that could reasonably be expected to give rise to the issuance of any such notice or the taking of any such action. 8.3 There are no unresolved, pending or, *** threatened Environmental Proceedings involving the Seller (with respect to the Agila Business) or any Group Company. 8.4 there is no contamination of the Environment at any of the Real Properties or at any properties adjacent to the Real Properties that is reasonably likely to subject any Group Company to any material liability or require any material expenditure for investigation, monitoring, remediation, or corrective action under any Environmental Law and neither Seller nor any Group Company has received a written notice from any Regulatory Authority regarding the potential existence of such contamination or requiring Seller or any Group Company to conduct an evaluation with respect to the potential presence of such contamination (excluding any such notices or requirements that have been fully resolved with no further exposure, liability or obligation on the part of Seller or any Group Company). 8.5 None of the Real Properties nor, so far as Seller is aware, any property, facility or location utilized by any Group Company for the treatment, storage or disposal of Dangerous Substances generated at any of the Group SPVs, Real Properties or with respect to the Project Assets. Each operation of the Agila Business is listed on any federal, state or local compilation of contaminated sites or is undergoing or, so far as Seller is aware is, proposed or required to undergo investigation, remediation, monitoring or corrective actions with respect to Dangerous Substances. 8.6 During the past ***, no environmental reports, investigations or audits relating to environmental or occupational safety and health matters with respect to the Agila Business were obtained from, requested by, or conducted by or on behalf of the Seller (with respect to the Agila Business) or any Group Company at the request of any Regulatory Authority. 8.7 None of the Group SPVs have not expressly assumed Companies nor the Seller (with respect to the Agila Business) is currently subject to any outstanding order, decree or undertaken any Liability judgment pursuant to Environmental Law. 8.8 In connection with the sale of any other Person relating to Environmental Laws. 12.5 No Claimsreal property or business ***, Litigations (whether civil, criminal, regulatory or administrative) or complaints have been made or issued or threatened (in writing)/ are outstanding/ anticipated by any Governmental Authority with regard to the Project Assets in relation to any liability under any applicable Environmental Laws. 12.6 There have been no Claims, investigations or Litigations made or threatened (in writing) against any none of the Group SPVs Companies has entered into any agreement pursuant to which it has retained liabilities arising pursuant to Environmental Law, or any agreed to indemnify the purchaser of their officers the property or employees in business with respect to such liabilities, excluding agreements relating to such liabilities that have expired by the terms of accidents, injuries, illness, disease or other harm to the health and safety of employees, contractors or any other persons and there are no facts or circumstances which may lead to any such Claims, investigations or Litigationsagreements.

ENVIRONMENTAL AND HEALTH AND SAFETY. 12.1 8.1 Each of the Group SPVsCompany complies, the operation of their businessesand has *** complied, are in compliance with all applicable Environmental Laws and orders or directives of any Governmental Authority having jurisdiction under such Applicable Lawsin all material respects. 12.2 8.2 Each Group Company has obtained all Environmental Licences (all of the Group SPVs have obtained and holds all requisite Approvals required under applicable Environmental Laws with respect to its businesses including ownership and operation of the relevant Project Assets on the Leasehold Properties (if any required to be obtained under applicable Environmental Laws in its capacity as the lessee of the Leasehold Properties), and all such Approvals which are valid and subsisting) and complies in full force all material respects with the terms and effect. 12.3 Each conditions of the all its Environmental Licences. No Group SPVs have made all necessary filings and reporting(s) required under applicable Environmental Laws within the statutory prescribed time limits. Each of the Group SPVs or Sellers have not Company has received any complaint, order, directive, claim, citation or written notice from any Governmental Regulatory Authority concerning the failure threatening a suspension, revocation, modification or cancellation of any of the Group SPVs to comply with any applicable such Environmental Law. (a) All health and safety standards promulgated by relevant Governmental Authorities and applicable to the Project Assets have been complied withLicense ***, including but not limited to fire safety standards; and (b) no liabilities have been incurred for breach of any Environmental Law event or any obligations pertaining to environment protections, with respect to the Project Assets; and (c) there are no circumstances existing which would give rise has occurred or would circumstance exists that could reasonably be expected to give rise to the issuance of any such notice or the taking of any such action. 8.3 There are no unresolved, pending or, ***, threatened Environmental Proceedings involving the Seller (with respect to the Agila Business) or any Group Company. 8.4 there is no contamination of the Environment at any of the Real Properties or at any properties adjacent to the Real Properties that is reasonably likely to subject any Group Company to any material liability or require any material expenditure for investigation, monitoring, remediation, or corrective action under any Environmental Law and neither Seller nor any Group Company has received a written notice from any Regulatory Authority regarding the potential existence of such contamination or requiring Seller or any Group Company to conduct an evaluation with respect to the potential presence of such contamination (excluding any such notices or requirements that have been fully resolved with no further exposure, liability or obligation on the part of Seller or any Group Company). 8.5 None of the Real Properties nor, so far as Seller is aware, any property, facility or location utilized by any Group Company for the treatment, storage or disposal of Dangerous Substances generated at any of the Group SPVs, Real Properties or with respect to the Project Assets. Each operation of the Agila Business is listed on any federal, state or local compilation of contaminated sites or is undergoing or, so far as Seller is aware is, proposed or required to undergo investigation, remediation, monitoring or corrective actions with respect to Dangerous Substances. 8.6 During the past ***, no environmental reports, investigations or audits relating to environmental or occupational safety and health matters with respect to the Agila Business were obtained from, requested by, or conducted by or on behalf of the Seller (with respect to the Agila Business) or any Group Company at the request of any Regulatory Authority. 8.7 None of the Group SPVs have not expressly assumed Companies nor the Seller (with respect to the Agila Business) is currently subject to any outstanding order, decree or undertaken any Liability judgment pursuant to Environmental Law. 8.8 In connection with the sale of any other Person relating to Environmental Laws. 12.5 No Claimsreal property or business ***, Litigations (whether civil, criminal, regulatory or administrative) or complaints have been made or issued or threatened (in writing)/ are outstanding/ anticipated by any Governmental Authority with regard to the Project Assets in relation to any liability under any applicable Environmental Laws. 12.6 There have been no Claims, investigations or Litigations made or threatened (in writing) against any none of the Group SPVs Companies has entered into any agreement pursuant to which it has retained liabilities arising pursuant to Environmental Law, or any agreed to indemnify the purchaser of their officers the property or employees in business with respect to such liabilities, excluding agreements relating to such liabilities that have expired by the terms of accidents, injuries, illness, disease or other harm to the health and safety of employees, contractors or any other persons and there are no facts or circumstances which may lead to any such Claims, investigations or Litigationsagreements.

ENVIRONMENTAL AND HEALTH AND SAFETY. 12.1 8.1 Each of the Group SPVsCompany complies, the operation of their businessesand has *** complied, are in compliance with all applicable Environmental Laws in all material respects. *** Denotes confidential information that has been omitted from this exhibit and orders or directives of any Governmental Authority having jurisdiction under such Applicable Lawsfiled separately with the Securities and Exchange Commission. 12.2 8.2 Each Group Company has obtained all Environmental Licences (all of the Group SPVs have obtained and holds all requisite Approvals required under applicable Environmental Laws with respect to its businesses including ownership and operation of the relevant Project Assets on the Leasehold Properties (if any required to be obtained under applicable Environmental Laws in its capacity as the lessee of the Leasehold Properties), and all such Approvals which are valid and subsisting) and complies in full force all material respects with the terms and effect. 12.3 Each conditions of the all its Environmental Licences. No Group SPVs have made all necessary filings and reporting(s) required under applicable Environmental Laws within the statutory prescribed time limits. Each of the Group SPVs or Sellers have not Company has received any complaint, order, directive, claim, citation or written notice from any Governmental Regulatory Authority concerning the failure threatening a suspension, revocation, modification or cancellation of any of the Group SPVs to comply with any applicable such Environmental Law. (a) All health and safety standards promulgated by relevant Governmental Authorities and applicable to the Project Assets have been complied withLicense ***, including but not limited to fire safety standards; and (b) no liabilities have been incurred for breach of any Environmental Law event or any obligations pertaining to environment protections, with respect to the Project Assets; and (c) there are no circumstances existing which would give rise has occurred or would circumstance exists that could reasonably be expected to give rise to the issuance of any such notice or the taking of any such action. 8.3 There are no unresolved, pending or *** threatened Environmental Proceedings involving the Seller (with respect to the Agila Business) or any Group Company. 8.4 there is no contamination of the Environment at any of the Real Properties or at any properties adjacent to the Real Properties that is reasonably likely to subject any Group Company to any material liability or require any material expenditure for investigation, monitoring, remediation, or corrective action under any Environmental Law and neither Seller nor any Group Company has received a written notice from any Regulatory Authority regarding the potential existence of such contamination or requiring Seller or any Group Company to conduct an evaluation with respect to the potential presence of such contamination (excluding any such notices or requirements that have been fully resolved with no further exposure, liability or obligation on the part of Seller or any Group Company). 8.5 None of the Real Properties nor, so far as Seller is aware, any property, facility or location utilized by any Group Company for the treatment, storage or disposal of Dangerous Substances generated at any of the Group SPVs, Real Properties or with respect to the Project Assets. Each operation of the Agila Business is listed on any federal, state or local compilation of contaminated sites or is undergoing or, so far as Seller is aware is, proposed or required to undergo investigation, remediation, monitoring or corrective actions with respect to Dangerous Substances. 8.6 During the past ***, no environmental reports, investigations or audits relating to environmental or occupational safety and health matters with respect to the Agila Business were obtained from, requested by, or conducted by or on behalf of the Seller (with respect to the Agila Business) or any Group Company at the request of any Regulatory Authority. 8.7 None of the Group SPVs have not expressly assumed Companies nor the Seller (with respect to the Agila Business) is currently subject to any outstanding order, decree or undertaken any Liability judgment pursuant to Environmental Law. 8.8 In connection with the sale of any other Person relating to Environmental Laws. 12.5 No Claimsreal property or business ***, Litigations (whether civil, criminal, regulatory or administrative) or complaints have been made or issued or threatened (in writing)/ are outstanding/ anticipated by any Governmental Authority with regard to the Project Assets in relation to any liability under any applicable Environmental Laws. 12.6 There have been no Claims, investigations or Litigations made or threatened (in writing) against any none of the Group SPVs Companies has entered into any agreement pursuant to which it has retained liabilities arising pursuant to Environmental Law, or any agreed to indemnify the purchaser of their officers the property or employees in business with respect to such liabilities, excluding agreements relating to such liabilities that have expired by the terms of accidents, injuries, illness, disease or other harm to the health and safety of employees, contractors or any other persons and there are no facts or circumstances which may lead to any such Claims, investigations or Litigationsagreements.

ENVIRONMENTAL AND HEALTH AND SAFETY. 12.1 8.1 Each of the Group SPVsCompany complies, the operation of their businessesand has *** complied, are in compliance with all applicable Environmental Laws and orders or directives of any Governmental Authority having jurisdiction under such Applicable Lawsin all material respects. 12.2 8.2 Each Group Company has obtained all Environmental Licences (all of the Group SPVs have obtained and holds all requisite Approvals required under applicable Environmental Laws with respect to its businesses including ownership and operation of the relevant Project Assets on the Leasehold Properties (if any required to be obtained under applicable Environmental Laws in its capacity as the lessee of the Leasehold Properties), and all such Approvals which are valid and subsisting) and complies in full force all material respects with the terms and effect. 12.3 Each conditions of the all its Environmental Licences. No Group SPVs have made all necessary filings and reporting(s) required under applicable Environmental Laws within the statutory prescribed time limits. Each of the Group SPVs or Sellers have not Company has received any complaint, order, directive, claim, citation or written notice from any Governmental Regulatory Authority concerning the failure threatening a suspension, revocation, modification or cancellation of any of the Group SPVs to comply with any applicable such Environmental Law. (a) All health License and safety standards promulgated by relevant Governmental Authorities and applicable to the Project Assets have been complied with***, including but not limited to fire safety standards; and (b) no liabilities have been incurred for breach of any Environmental Law event or any obligations pertaining to environment protections, with respect to the Project Assets; and (c) there are no circumstances existing which would give rise has occurred or would circumstance exists that could reasonably be expected to give rise to the issuance of any such notice or the taking of any such action. 8.3 There are no unresolved, pending or, ***, threatened Environmental Proceedings involving the Seller (with respect to the Agila Business) or any Group Company. 8.4 there is no contamination of the Environment at any of the Real Properties or at any properties adjacent to the Real Properties that is reasonably likely to subject any Group Company to any material liability or require any material expenditure for investigation, monitoring, remediation, or corrective action under any Environmental Law and neither Seller nor any Group Company has received a written notice from any Regulatory Authority regarding the potential existence of such contamination or requiring Seller or any Group Company to conduct an evaluation with respect to the potential presence of such contamination (excluding any such notices or requirements that have been fully resolved with no further exposure, liability or obligation on the part of Seller or any Group Company). 8.5 None of the Real Properties nor, so far as Seller is aware, any property, facility or location utilized by any Group Company for the treatment, storage or disposal of Dangerous Substances generated at any of the Group SPVs, Real Properties or with respect to the Project Assets. Each operation of the Agila Business is listed on any federal, state or local compilation of contaminated sites or is undergoing or, so far as Seller is aware is, proposed or required to undergo investigation, remediation, monitoring or corrective actions with respect to Dangerous Substances. 8.6 During the past ***, no environmental reports, investigations or audits relating to environmental or occupational safety and health matters with respect to the Agila Business were obtained from, requested by, or conducted by or on behalf of the Seller (with respect to the Agila Business) or any Group Company at the request of any Regulatory Authority. 8.7 None of the Group SPVs have not expressly assumed Companies nor the Seller (with respect to the Agila Business) is currently subject to any outstanding order, decree or undertaken any Liability judgment pursuant to Environmental Law. 8.8 In connection with the sale of any other Person relating to Environmental Laws. 12.5 No Claimsreal property or business ***, Litigations (whether civil, criminal, regulatory or administrative) or complaints have been made or issued or threatened (in writing)/ are outstanding/ anticipated by any Governmental Authority with regard to the Project Assets in relation to any liability under any applicable Environmental Laws. 12.6 There have been no Claims, investigations or Litigations made or threatened (in writing) against any none of the Group SPVs Companies has entered into any agreement pursuant to which it has retained liabilities arising pursuant to Environmental Law, or any agreed to indemnify the purchaser of their officers the property or employees in business with respect to such liabilities, excluding agreements relating to such liabilities that have expired by the terms of accidents, injuries, illness, disease or other harm to the health and safety of employees, contractors or any other persons and there are no facts or circumstances which may lead to any such Claims, investigations or Litigationsagreements.