Environmental and Regulatory Compliance. As to each of the real properties owned or leased by any of the Borrowers or any of their Subsidiaries, all as described on Exhibit B, each such property is presently in compliance in all material respects with and has in full force and effect all material permits or approvals required by all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations and the Borrowers have not received notification that any of the foregoing properties is in violation of any of the foregoing provisions, except for any non-compliance with respect to or lack of possession of the foregoing which does not have or will not have a material adverse effect on the business or properties of the Borrowers. Except as set forth on Exhibit B, none of the Borrowers has ever generated, stored, or disposed of any hazardous substances, hazardous materials, or oil on any of such properties or any portion thereof and none of the Borrowers is aware of the presence, generation, storage or disposal of such substances on any of such properties or any portion thereof by any of the Borrowers or any prior owner or prior occupant or prior user thereof or by anyone else, nor is any of the Borrowers aware of any spill or release of a hazardous or toxic waste, substance or constituent, or other substance, into the environment on or, from any of such properties. Except as set forth on Exhibit B, no inquiry, notice or threat to give notice by any governmental authority has been received by any of the Borrowers with respect to the generation, storage or disposal or release or threat of release thereof, or with respect to any violation of any federal, state or local environmental, health or safety statute or regulation. Except as set forth on Exhibit B, no underground storage tanks or surface impoundments are on any of the properties owned or leased by any of the Borrowers. For the purposes of this Section, (i) "hazardous substances" shall mean "hazardous substances" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. ss.9601, et seq., and regulations thereunder or under the provisions of any other applicable state, county or municipal law, ordinance, rule or regulation, (ii) "hazardous material" and "oil" shall mean "hazardous material" and "oil", respectively, as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Respons...
Environmental and Regulatory Compliance. As to each of the real properties in which the Borrower holds a direct or indirect ownership or beneficial interest, except as described in Section 4.11 of the Disclosure Schedule, each such property, to the Borrower’s and each Guarantor’s knowledge (based on third-party environmental reports received at the time each such real property was acquired), is presently in compliance in all material respects with and has in full force and effect all material permits or approvals required by all applicable laws, ordinances or regulations, including, without limitation, building and zoning laws and Environmental Laws (as defined in Section 5.23). If any such property is not in compliance with the foregoing, the Borrower and the Guarantors are in the process of performing and/or using their commercially reasonable efforts to cause the general partners of each Property Partnership to perform, their respective obligations relative to such property, and such non-compliance does not have or will not have a material adverse effect on the business of the Borrower or the Guarantors or properties in which the Borrower or any Guarantor holds a direct or indirect ownership or beneficial interest. Except as set forth in Section 4.11 of the Disclosure Schedule, no written inquiry, claim, complaint, court order, request for information, notice or threat to give notice by any Governmental Authority or third party has been received by the Borrower or any Guarantor with respect to the foregoing property, nor does the Borrower or any Guarantor have any knowledge of any oral inquiry, claim, complaint, court order, request for information, notice or threat to give notice by any Governmental Authority or third party with respect to the foregoing property, alleging violation of or asserting any noncompliance with applicable law, ordinances or regulations and Environmental Laws, including, without limitation, any of the foregoing pertaining to building and zoning matters.
Environmental and Regulatory Compliance. The operations of Seller and its Subsidiaries and each of the real properties owned by them and, to the Seller’s best knowledge, each of the real properties leased by any of them, are presently in compliance in all material respects with, and has in full force and effect, all material permits or approvals required by all applicable building, zoning, antipollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations, and the Seller has not received notification that any of them or any of such properties is in violation of any of the foregoing provisions. No inquiry, notice or threat to give notice by any governmental authority or third party has been received by Seller or any of its Subsidiaries with respect to the generation, storage, disposal, release or threat of release of any hazardous substance or hazardous material, or with respect to any violation of any federal, state or local environmental, health or safety statute or regulation.
Environmental and Regulatory Compliance. 4.15.1 As to each of the real properties either owned or leased by Borrower or any of its Subsidiaries, each such property is presently in compliance in all material respects with, and has in full force and effect, all material permits or approvals required by, all applicable anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations, and Borrower and its Subsidiaries have not received notification that any of the foregoing properties is in violation of any of the foregoing provisions, except for any non-compliance with respect to, or lack of possession of the foregoing, which does not have or will not have a direct or indirect material adverse effect, in the Lender's reasonable judgment, on the ability of Borrower to meet its Obligations under any of the Loan Documents. No inquiry, notice or threat to give notice by any governmental authority or third party has been received by Borrower or any of its Subsidiaries with respect to the generation, storage or disposal or release or threat of release on, under or from any real property either owned or leased by Borrower or any of its Subsidiaries, of any hazardous substance, hazardous material or oil, or with respect to any violation of any federal, state or local environmental, health or safety statute or regulation which could have a direct or material adverse effect, in the Lender's reasonable judgment, on the ability of Borrower to meet its Obligations under any of the Loan Documents.
Environmental and Regulatory Compliance. 34 3.16 Labor Relations................................................. 35 3.17
Environmental and Regulatory Compliance. As to each of the real properties owned or leased by the Borrower or any of its Subsidiaries, all as described on SCHEDULE 3.15, each such property is presently in compliance in all material respects with, and has in full force and effect all permits or approvals required by, all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations and neither the Borrower nor any of its Subsidiaries has received notification that any of the foregoing properties is in violation of any of the foregoing provisions. Except as set forth on SCHEDULE 3.15, no inquiry, notice or threat to give notice by any governmental authority has been received by the Borrower or any of its Subsidiaries with respect to the generation, storage or disposal of any hazardous substances, hazardous material or oil or release or threat of release thereof, or with respect to any violation of any federal, state or local environmental, health or safety statute or regulation. For the purposes of this Section, (i) "hazardous substances" shall mean "hazardous substances" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. ss.9601, ET SEQ., and regulations thereunder or under the provisions of any other applicable state, county or municipal law, ordinance, rule or regulation, (ii) "hazardous material" and "oil" shall mean "hazardous material" and "oil", respectively, as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. Chapter 21E, and regulations thereunder or under the provisions of any other applicable state, county or municipal law, ordinance, rule or regulation, and "release" or "threat of release" shall mean such terms as they are defined in any of the foregoing laws, ordinances, rules or regulations, as applicable.
Environmental and Regulatory Compliance. As to each of the real properties owned or leased by any of the Borrowers or any of their Subsidiaries, all as described on Exhibit
Environmental and Regulatory Compliance. West Basin as the constructor and operator of the Plant and Discharge System shall comply with applicable environmental and other laws, rules and regulations governing the Plant and Discharge System whether such laws relate to design, construction, operation or maintenance of the Plant and Discharge System. In particular, West Basin shall be responsible for obtaining, and for complying with the terms and conditions of, any necessary permits for discharge of Wastewater from the Plant. ARCO as constructor and operator of the Refinery Piping shall comply with applicable environmental and other laws, rules and regulations governing the Refinery Piping whether such laws relate to design, construction, operation or maintenance of the Refinery Piping. Each party shall indemnify and hold the other harmless for any breach of an obligation to comply with the requirements of this Section 11. This obligation to comply with laws rules and regulations shall be included in any contract with any contractor or subcontractor of the parties which may be engaged to construct, operate or maintain the Plant, Discharge System and Refinery Piping.
Environmental and Regulatory Compliance. 4.15.1 As to each of the real properties owned or leased by any of the Investment Entities, each such property is presently in compliance in all material respects with and has in full force and effect all material permits or approvals required by all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations, and none of the Investment Entities has received notification that any of the foregoing properties is in violation of any of the foregoing provisions, except for any non-compliance with respect to or lack of possession of the foregoing which does not have or will not have a direct or indirect material adverse effect on the business or properties of the Borrower or any Guarantor or their respective abilities to meet their Obligations under any of the Loan Documents. The representation set forth in the previous sentence shall, with respect to Projects owned by Property Partnerships which are Unaffiliated Property Partnerships only, be limited to the best of the Borrower's or Guarantor's knowledge, after Due Inquiry. No inquiry, notice or threat to give notice by any governmental authority or third party has been received by any Investment Entity with respect to the generation, storage or disposal or release or threat of release of any hazardous substance, hazardous material or oil, or with respect to any violation of any federal, state or local environmental, health or safety statute or regulation.
4.15.2 In addition to the representations set forth in the preceding paragraph, each Project receiving an Equity Payment or a Pre-Development Loan has had a Phase I Environmental Assessment Report which shows no material issues which cannot be resolved or cured by use of the proceeds, if any, allocated for such issue's remediation by the Project Owner.
Environmental and Regulatory Compliance. 28 5.18.............................................................................................Insurance --------- 28 5.19.......................................................................
