Environmental and Land Use Matters Sample Clauses

Environmental and Land Use Matters. (a) Except as set forth in Schedule 3.6(a), none of the Companies is required to obtain any Environmental Permits to conduct the Business as it is presently being conducted, including those relating to (i) emissions, discharges or threatened discharges of pollutants, contaminants, solid waste, hazardous or toxic substances or petroleum into the air, surface water, ground water or the ocean, or on or into the land ("Hazardous Emissions") or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants, solid waste, hazardous or toxic substances, or petroleum ("Handling Hazardous Substances"), whether by any of the Companies or by a third party on its or their behalf. Schedule 3.6(a) contains a complete and correct list of all such Environmental Permits, all of which are in full force and effect and all of which will remain in full force and effect following consummation of the transactions contemplated hereby. The Facilities are in compliance with all Environmental Permits and Environmental Laws, and Shareholders have not received any notice from any Governmental Authority indicating that the Facilities are not in compliance or requesting information that may reasonably result in issuance of notice that the Facilities are not in compliance.
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Environmental and Land Use Matters. (a) As used herein, the term "
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Environmental and Land Use Matters. Tenant shall not use, store, treat, transport, manufacture, refine, handle, produce or dispose of hazardous materials on, or affecting the Leased Premises in any manner that violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treating, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials (collectively, "Environmental Laws"). For purposes of this agreement, "Hazardous Materials" shall mean any flammable substances, explosives, radioactive materials, hazardous wastes, toxic substances, pollutants, pollution, or related materials specified in any of the Environmental Laws. Tenant indemnities Landlord against, and agrees to hold Landlord harmless from, any and all loss, cost or expense that Landlord may incur as a result of violations by Tenant or any of its agents, employees or invitees, of Environmental Laws in connection with the use of the Leased Premises which violations occurred in the period in which Tenant leased the Leased Premises, and such indemnity shall survive the term of this agreement and any and all renewal terms. The indemnity of Landlord shall expire on a date five (5) years after the termination of the lease term unless Landlord has notified Tenant before such date that a violation or suspected violation had been discovered or claimed, in which case the indemnity will survive as to the claimed or suspected violation to the maximum extent permitted by law.
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Environmental and Land Use Matters. 30 5.23 Newpark Agreements ............................................................. 30 5.24 Parent Company Guarantee ....................................................... 31
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Environmental and Land Use Matters. Landlord represents and warrants that, after diligent inquiry, it has no knowledge of the existence of asbestos in the Complex, or other Hazardous Materials in, on, under or about the Complex (except in quantities that do not violate Environmental Laws or constitute a threat to human health, or that could require remediation were such existence known to applicable governmental authorities). In the event asbestos or other Hazardous Materials were used in the construction of the Complex, and, as a consequence, applicable Environmental Laws require removal or abatement, Landlord will comply with such Environmental Laws at its sole cost and expense and such cost shall not be part of the Actual Operating Expenses of the Building under Section 2.02(e). Neither Landlord nor Tenant shall use, store, treat, transport, manufacture, refine, handle, produce or dispose of hazardous materials on, or affecting the Leased Premises in any manner that violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treating, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials (collectively, "Environmental Laws"). For purposes of this agreement, "Hazardous Materials" shall mean any flammable substances, explosives, radioactive materials, hazardous wastes, toxic substances, pollutants, pollution, or related materials specified in any of the Environmental Laws. Tenant indemnifies Landlord against, and agrees to hold Landlord harmless from, any and all loss, cost or expense that Landlord may incur as a result of violations by Tenant or any of its agents, employees or invitees, of Environmental Laws in connection with the use of the Leased Premises which violations occurred in the period in which Tenant leased the Leased Premises, and such indemnity shall survive the term of this agreement and any and all renewal terms. Landlord indemnifies Tenant against, and agrees to hold Tenant harmless from, any and all loss, cost or expense that Tenant may incur as a result of violations by Landlord, or any of its agents, employees, or invitees, of Environmental Laws in connection with the use of the premises of which the Leased Premises are a part which violations occurred in the period in which Landlord leased such premises under the Lease, and such indemnity shall survive the term of this agreement and any and all renewal terms. The indemnities of this Section 5.22 shall expire on a date five (5) y...
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Related to Environmental and Land Use Matters

  • Environmental and Safety Matters Except as disclosed in Schedule 4.13:

  • Environmental and Safety Laws To its knowledge, the Company is not in violation of any applicable statute, law or regulation relating to the environment or occupational health and safety, and to its knowledge, no material expenditures are or will be required in order to comply with any such existing statute, law or regulation.

  • Environmental Provisions (a) For the purposes of this Section 5.7 the following terms shall have the following meanings: (i) the term "

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Litigation, Environmental and Labor Matters (a) There are no actions, suits, proceedings or investigations by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve this Agreement or the Transactions.

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

  • O.S.H.A. and Environmental Compliance (a) Each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations.

  • Environmental Compliance The Borrower and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrower has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Environmental Compliance and Conditions Except as set forth on Schedule 3.16:

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

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