Environmental and Industrial Hygiene Compliance Sample Clauses
Environmental and Industrial Hygiene Compliance. Except as disclosed in Section 3.8(b) of the Disclosure Schedule, (i) Seller, its Assets and the Business has not been or is now in violation of any applicable Environmental Law or Order; (ii) Seller has not, prior to the date hereof, ever used, generated, manufactured, treated, stored or disposed of on, under or about the Real Property transported to or from the premises of the Real Property any Hazardous Materials (as defined below), flammables, explosives, radioactive materials, hazardous wastes, toxic substances or related materials; (iii) Seller has obtained and now hold all Permits which are required to be held by it under all applicable Environmental Law or Order; (iv) Seller is in compliance with all terms and conditions of any and all required Permits and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in or required by all applicable Environmental Law or Order, and any notice or demand letter issued, entered, promulgated or approved thereunder; (v) no past or present events or conditions interfere with or prevent continued compliance by the Seller, or give rise to any material present or potential legal, common law or statutory liability of the Seller, any applicable Environmental Law or Order; (vi) there is no pending civil or criminal litigation, notice of violation or administrative proceeding involving the Seller relating in any way to any Environmental Law or Order (including notices, demand letters or claims under RCRA, CERCLA and similar state or local laws), other than rule-making proceedings, if any. For the purpose of this
Environmental and Industrial Hygiene Compliance. Except as set forth in Schedule 6.7(b), (i) there are no Hazardous Substances located on or in or under any of the Real Property of Seller; Seller has not used any of the Real Property of Seller or any other real property to produce, generate, manufacture, treat, store, handle, transport, or dispose of any Hazardous Substances except in compliance with Environmental Laws; (ii) Seller and the Shareholders do not have Knowledge of Seller or any of its predecessors having caused or permitted the Release of any Hazardous Substances on or off-site from any of the Real Property of Seller or any other place or places where Seller conducts or has conducted the Business or in the course of transportation by Seller from or to any real property; all Hazardous Substances disposed of, treated, or stored by Seller or, to the best of Seller’s and the Shareholders’ Knowledge, any predecessors of Seller, have been disposed of, treated and stored in compliance with all Environmental Laws; Seller has not transported any Hazardous Substances outside of Canada; and (iii) to the best Knowledge of Seller, there are no underground or above-ground storage tanks or associated piping or appurtenances (active or abandoned), or urea formaldehyde foam insulation, asbestos, polychlorinated biphenyls, or radioactive substances located on or in or under the surface of any of the Real Property of Seller or other assets used thereon. For purposes of this Section, the defined terms being as follows:
Environmental and Industrial Hygiene Compliance. Except for the presence of two (2) drums located on a concrete pad situate on the Property, which appears to contain diesel fuel, Seller has no other knowledge of any toxic substances, hazardous wastes, hazardous substances, or any other pollutants or dangerous substances regulated pursuant to any applicable environmental laws including, without limitation, polychlorinated biphenyls (PCB’s), oil, petroleum products and fractions, vinyl chloride, asbestos, heavy metals, radon, underground storage tanks (whether empty, filled or partially filled with any substance, regulated or otherwise), any substance or materials the presence of which on the Property is prohibited by any environmental laws or any other substance or material which requires special handling or notification of any federal, state or local governmental entity regarding collection, storage, treatment or disposal being present on the Property. Seller further represents that, except for the two (2) drums referenced above, neither Seller nor, to Seller’s knowledge, any third party has used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property any of the aforementioned materials (the “Hazardous Materials”). For the purpose of this Section 4.1(i), Hazardous Materials shall also include but not be limited to substances defined as “hazardous substances,” “hazardous materials,” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and in the regulations adopted and publications promulgated pursuant to said laws.
Environmental and Industrial Hygiene Compliance. The ----------------------------------------------- Advisor shall not knowingly commit to, without full disclosure to Cabot, acquisitions of any Project (i) which is in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental condition on, under or about such properties including, but not limited to, soil and ground water condition, or (ii) with respect to which any person has used, generated, manufactured, stored or disposed of any flammable explosive, radioactive materials, hazardous wastes, toxic substances or related materials (collectively "Hazardous Materials") otherwise that in accordance with applicable law. For purposes hereof, Hazardous Materials shall include, but not be limited to, asbestos and all other substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.
Environmental and Industrial Hygiene Compliance. Except as set forth in Schedule 7.16(b) or as set forth in any “Phase 1” or “Phase 2” environmental site assessment reports, asbestos reports or other property condition reports that have delivered to Purchaser prior to the date hereof, (i) to the Knowledge of Sellers, neither any Seller nor any of the properties used in its business is now in violation of any Environmental Laws or Orders, and (ii) no Seller has received any written notice or written claim alleging it is in violation of, or has violated, any Environmental Laws or Orders in any respect or that it is liable to any Person as a result of a Release of any Hazardous Substance. Each Seller has obtained and now holds all Licenses and Permits which are required to be held by it under all applicable Environmental Laws and Orders. Except as set forth in Schedule 7.16(b), each Seller is in compliance in all material respects with all terms and conditions of all such Licenses and Permits and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all applicable Environmental Laws and Orders, and no Seller has any agreement with any third party or Authority relating to any environmental matter or cleanup. Except as set forth in Schedule 7.16(b), (A) Sellers have not, and, to the Knowledge of Sellers, no other party has, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, deposited, disposed or dumped any Hazardous Substances into the Environment (including the air, land, surface water and ground water) in, on, over, under, at or adjacent to the Seller Real Property, except as permitted by Applicable Law, and Sellers have not, and, to the Knowledge of Sellers, no other party has, used the Seller Real Property at any time for the treatment, transportation, handling, manufacture, storage or disposal of Hazardous Substances, (B) none of the Seller Real Property has been insulated with urea formaldehyde foam insulation or asbestos, (C) the Seller Real Property does not contain any polychlorinated biphenyls, (D) the Seller Real Property has not been used at any time as a waste disposal site, (E) the Seller Real Property does not contain any underground storage tanks and (F) the Seller Real Property does not contain any other Hazardous Substances (other than any Hazardous Substances situated at the Seller Real Property in the ordinary course of business or the ordinary course of business of any tenant or oth...
Environmental and Industrial Hygiene Compliance. Mortgagor represents and warrants that, as of the date of this Mortgage, the mortgaged property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the mortgaged property, including, but not limited to, soil and groundwater conditions. Mortgagor further represents and warrants that, to the best of its knowledge, no third party has used, generated, manufactured, stored or disposed of on, under or about the mortgaged property, or transported to or from the mortgaged property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials (“Hazardous Materials”) in violation of applicable law. Hazardous Materials shall include, but shall not be limited to, substances defined as “hazardous substances” in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601-9657; the Hazardous Materials Transportation Authorization Act of 1994, as amended, 49 U.S.C. Sections 5101 et seq.; and the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Sections 6901-6992; Clean Water Act; Clear Air Act; Toxic Substances Control Act; Safety of Public Water Systems Act, as amended or modified from time to time, and any similar state or local laws, ordinances and all regulations now or hereafter promulgated or published.
Environmental and Industrial Hygiene Compliance. Except as disclosed in Section 7.8.2 of the Disclosure Schedule and to the best knowledge of the University and the Sisters, (a) none of the Sellers nor any of the assets used in the Business has ever been or is now in any material respect in violation of any applicable environmental laws or orders; (b) none of the Sellers nor any third party hired by it has, prior to the date hereof, ever used, generated, manufactured, treated, stored or disposed of on, under or about the premises of the University or transported to or from the premises of the University any Hazardous Materials; (c) each of the Sellers has obtained and now holds all permits, licenses and other authorizations which are required to be held by it under all applicable environmental laws and orders; (d) each of the Sellers is in compliance in all material respects with all terms and conditions of any and all required permits, licenses and authorizations and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in or required by all applicable environmental laws and orders, and any notice or demand letter issued, entered, promulgated or approved thereunder; (e) no past or present events or conditions interfere with or prevent continued material compliance by the any Seller with, or give rise to any material present or potential legal, common law or statutory liability of any Seller under, any applicable environmental law or order; (f) there is no pending civil or criminal litigation, notice of violation or administrative proceeding involving any of the Sellers and relating in any way to any environmental law or order (including notices, demand letters or claims under the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) ("RCRA"), Safe Drinking Water Act (21 U.S.C. § 349, 42 U.S.C. § 300f-300j-26), Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), Clean Air Act (42 U.S.C. § 7401 et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.) ("CERCLA"), or any other similar federal, state or local law of similar effect, each as amended), other than rule-making proceedings, if any; and (g) there has been no direct disposal by any Seller of any materials or wastes to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under CERCLA or any sit...
Environmental and Industrial Hygiene Compliance. Neither the Company nor any of its properties is in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about such properties including, but not limited to, soil and groundwater condition. During the time in which the Company owned or occupied its properties, neither the Company nor any third party has used, generated, manufactured, stored or disposed of on, under or about such properties or transported to or from such properties any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials ("Hazardous Materials"). For the purpose of this Section 5.8.2, Hazardous Materials shall include but not be limited to substances defined as "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.
Environmental and Industrial Hygiene Compliance. No notice of any violation of any Environmental Law with respect to any part of the Property or the Separate Property has been received by Borrower, the Separate Property Owner, or Pledgor from any Governmental Agency and any investigation of the Property or the Separate Property has not indicated the generation, manufacture, storage or disposal of Hazardous Materials on, under or about the Property or the Separate Property.
Environmental and Industrial Hygiene Compliance. The Manager shall not knowingly commit to, without full disclosure to CalPERS, acquisitions of any Project (i) which is in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental condition on, under or about such properties including, but not limited to, soil and ground water condition, or (ii) with respect to which any person has used, generated, manufactured, stored or disposed of any flammable explosive, radioactive materials, hazardous wastes, toxic substances or related materials (collectively "HAZARDOUS MATERIALS") otherwise than in accordance with applicable law. For purposes hereof, Hazardous Materials shall include, but not be limited to, asbestos and all other substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 ET SEQ.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 ET SEQ.; and those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws.