Environmental and Safety. REQUIREMENTS shall mean any and all Environmental Laws and any other federal, state and local laws relating to public health and safety, worker health and safety, and pollution or protection of the environment, including, without limitation, laws relating to emissions, discharges, releases or threatened releases of toxic or otherwise hazardous materials, substances, or wastes into ambient air, surface water, groundwater, subsurface soil or lands or otherwise relating to generation, the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of toxic or otherwise hazardous materials, substances or wastes.
Environmental and Safety. The Performer shall ensure the SOPGM Cruise Missile developed under this Statement of Objectives are designed to meet the following environmental and safety standards: MIL-Handbook-240A Hazards of Electromagnetic Radiation Ordnance Assessment; Version A 10 Mar 2011; xxxx://xxxxxxxxx.xxx/MIL-HDBK/MIL-HDBK-0200-0299/MIL-HDBK-240A_32066/ MIL-C-21215A Military Specification: Crates, Pallets, Ammunition; 13 Mar 1991 xxxx://xxxxxxxxx.xxx/MIL-SPECS/MIL-SPECS-MIL-C/MIL-C-21215A_NOTICE-1_53858/ MIL Handbook-757 DoD handbook: Fuzes 13 Sept 2018; xxxx://xxxxxxxxx.xxx/MIL-SPECS/MIL-SPECS-MIL-C/MIL-C-21215A_NOTICE-1_53858/ Safe Disposal of Munitions, Design Principles and Requirements, and Safety Assessment; 15 Jun 2001; xxxx://xxxxxxxxx.xxx/NATO/NATO-STANAG/STANAG-4518_ED-1_7615/ Performer shall provide approved shipping containers to move assets to and from testing facilities and ranges.
Environmental and Safety. Since January 1, 2018, to the Knowledge of the Company, the Company has complied and is in compliance with all, and have not received any written notice alleging or otherwise relating to any violation of any, Environmental and Safety Requirements, and there are no Proceedings pending or, to the Knowledge of the Company, threatened against the Company alleging any failure to so comply. Since January 1, 2018, to the Knowledge of the Company, the Company has not received any written notice or report with respect to it or its facilities regarding any (a) actual or alleged violation of Environmental and Safety Requirements, or (b) actual or potential Liability arising under Environmental and Safety Requirements, including any investigatory, remedial or corrective obligation. To the knowledge of the Company, no hazardous materials have been discharged, disbursed, released, stored, treated, generated, disposed of or allowed to escape in each case by any Company Subsidiary on, in, under, or from the real property covered by the Leases except in compliance with all Environmental and Safety Requirements, and except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
Environmental and Safety. Since January 1, 2016, to the Knowledge of the Company, the Company and its Subsidiaries have complied and are in compliance with all, and have not received any written notice alleging or otherwise relating to any violation of any, Environmental and Safety Requirements, and there are no Proceedings pending or, to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries alleging any failure to so comply, except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. Since January 1, 2016, to the Knowledge of the Company, neither the Company nor any of its Subsidiaries has received any written notice or report with respect to it or its facilities regarding any (a) actual or alleged violation of Environmental and Safety Requirements, or (b) actual or potential Liability arising under Environmental and Safety Requirements, including any investigatory, remedial or corrective obligation, except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
Environmental and Safety. Except as has not had and would not, individually or in the aggregate, reasonably be expected to have, a Material Adverse Effect, (a) since January 1, 2019, the Company and its Subsidiaries have complied in all material respects with all, and is in compliance in all material respects with all, and has not received any written (or, to the Knowledge of the Company, oral) notice alleging or otherwise relating to any material violation of any, Environmental and Safety Requirements, and there are no Proceedings pending or, to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries alleging any failure to so comply, (b) since January 1, 2019, neither the Company nor any of its Subsidiaries has received any written notice or report with respect to it or its facilities regarding any (i) actual or alleged material violation of Environmental and Safety Requirements, or (ii) actual or potential material Liability arising under Environmental and Safety Requirements, including any material investigatory, remedial or corrective obligation, (c) neither the Company nor any of its Subsidiaries has expressly assumed or undertaken any material Liability of any other Person under any Environmental and Safety Requirements, (d) neither the Company nor any of its Subsidiaries has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled or released any substance, or owned or operated any real property in a manner that has given rise to material Liabilities pursuant to any Environmental and Safety Requirement, including any material Liability for response costs, corrective action costs, personal injury, property damage, natural resources damage or attorney fees, or any investigative, corrective or remedial obligations.
Environmental and Safety. (i) Except as would not have a Material Adverse Effect, APL and its Subsidiaries are in compliance with all Laws concerning environmental and safety requirements, and no proceeding, claim, demand or notice has been filed or commenced against it or, to the knowledge of APL or the Sellers, is threatened alleging any failure to comply with any such Laws.
(ii) Except as would not have a Material Adverse Effect, APL and its Subsidiaries have no liability under any Law or order of any governmental entities, concerning release or threatened release of hazardous substances, public health and safety, or pollution or protection of the environment.
(iii) Except as would not have a Material Adverse Effect, APL and its Subsidiaries have no liability (and APL, its Subsidiaries or their predecessors have not treated, handled or disposed of any substance, arranged for the disposal of any substance, or owned or operated any property or facility in any manner that could form the basis for any present or future proceeding, claim, or demand (under any Law) against APL giving rise to any liability) for damage to any site (including any real property or any Vessel), location, or body of water (surface or subsurface) or for illness or personal injury.
(iv) APL and its Subsidiaries have obtained and been in material compliance with all of the terms and conditions of all permits which are required under, and has complied with all other, Laws of any governmental entity relating to environmental and safety requirements, including Laws relating to emissions, discharge, releases or threatened releases of pollutants, contaminants or chemical, industrial, hazardous or toxic materials or wastes into ambient air, surface water, ground water or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants or chemical, industrial, hazardous or toxic materials or wastes.
(v) APL and its Subsidiaries have delivered or caused to be delivered to Nautilus all environmental assessments, reports, audits and other documents in its possession or under its control that relate to any Vessel that APL or its Subsidiaries currently occupies or has occupied at any time in the past.
(vi) APL has not received any written notice or report with respect to it or its facilities regarding any (A) actual or alleged violation of environmental and safety requirements or (B) actual or potential liability arising under en...
Environmental and Safety. (a) Each of the Xxxxxxxx Holding Companies and the Xxxxxxxx Operating Companies has complied in all material respects with, and each such company and all of the Xxxxxxxx Real Property is in compliance in all material respects with, all material Environmental and Safety Requirements; and there are no Proceedings pending or, to the Best Knowledge of Xxxxxxxx Corp, threatened against any Xxxxxxxx Holding Company or Xxxxxxxx Operating Company alleging any failure to so comply or involving any Environmental and Safety Requirement issue with respect to Xxxxxxxx its past operations or any Real Property of any Xxxxxxxx Holding Company or Xxxxxxxx Operating Company.
(b) No Xxxxxxxx Holding Company or Xxxxxxxx Operating Company has any material Liability arising under any Environmental and Safety Requirements.
(c) Except as set forth on Schedule 7.15, no Xxxxxxxx Holding Company or Xxxxxxxx Operating Company has received any written notice or report with respect to it or its Real Property regarding any: (i) actual or alleged violation of Environmental and Safety Requirements; or (ii) actual or potential Liability arising under Environmental and Safety Requirements, including any investigatory, remedial or corrective obligation, in each of (i) and (ii), during the last three calendar years.
(d) No Xxxxxxxx Holding Company or Xxxxxxxx Operating Company has assumed or undertaken any material Liability of any other Person under any Environmental and Safety Requirements.
(e) No Xxxxxxxx Holding Company or Xxxxxxxx Operating Company has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled or released any substance, or owned or operated any Real Property in a manner that has given rise to material Liabilities of any Xxxxxxxx Holding Company or Xxxxxxxx Operating Company pursuant to any Environmental and Safety Requirement, including any material Liability for response costs, corrective action costs, personal injury, property damage, natural resources damage or attorney fees, or any investigative, corrective or remedial obligations.
(f) Schedule 7.15 sets forth all environmental matters for which a financial reserve has been made on the Xxxxxxxx Financial Statements and the amount of such reserve.
Environmental and Safety. Since inception, the Company and its Subsidiaries have complied and are in compliance with all, and have not received any written notice alleging or otherwise relating to any violation of any, Environmental and Safety Requirements, and there are no Proceedings pending or, to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries alleging any failure to so comply. Since inception, to the Knowledge of the Company, neither the Company nor any of its Subsidiaries has received any written notice or report with respect to it or its facilities regarding any (a) actual or alleged violation of Environmental and Safety Requirements, or (b) actual or potential Liability arising under Environmental and Safety Requirements, including any investigatory, remedial or corrective obligation.
Environmental and Safety. The Company has complied in all material respects with all, is in compliance in all material respects with all, and has not received any notice alleging or otherwise relating to any violation of any, Environmental and Safety Requirements, and there are no Proceedings pending or, to the Knowledge of the Sellers, threatened against the Company alleging any failure to so comply or involving any of its past operations or any real property used by the Company. The Company has not received any written notice or report with respect to it or its facilities regarding any (i) actual or alleged violation of Environmental and Safety Requirements, or (ii) actual or potential Liability arising under Environmental and Safety Requirements, including any investigatory, remedial or corrective obligation. The Company has not expressly assumed or undertaken any Liability of any other Person under any Environmental and Safety Requirements. The Company has not treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled or released any substance, or owned or operated any real property in a manner that has given rise to Liabilities pursuant to any Environmental and Safety Requirement, including any Liability for response costs, corrective action costs, personal injury, property damage, natural resources damage or attorney fees, or any investigative, corrective or remedial obligations.
Environmental and Safety. Lessor and Xxxxxx shall comply with all federal, state, and local laws in connection with any substance brought onto the Property that are identified by any law, ordinance, or regulation as hazardous, toxic, or dangerous (collectively “Hazardous Substances”). Lessee shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety (“EH&S Laws”). Lessee shall be responsible for all losses and/or damage caused by any Hazardous Substances that it may bring onto the Property and shall indemnify, defend, and hold harmless the Lessor from claims to the extent resulting from any such Hazardous Substances and/or Lessee’s violation of any applicable EH&S Laws to the extent required in Paragraph 4.
01. Lessor shall indemnify and hold harmless Lessee from all claims resulting from the violation of any applicable EH&S Laws or a release of any regulated substance to the environment except to the extent resulting from the activities of Lessee. The Parties recognize that Lessee is only leasing a small portion of the Property and that Lessee shall not be responsible for any environmental condition or issue except to the extent resulting from Xxxxxx’s specific activities and responsibilities. In the event that Lessee encounters any Hazardous Substances that do not result from its activities, Lessee may relocate its Equipment and Property to avoid such hazardous substances to a mutually agreeable location, or, if Lessee desires to remove at its own cost all or some the Hazardous Substances or materials (such as soil) containing those Hazardous Substances, Lessor agrees to sign any necessary waste manifest associated with the removal, transportation and/or disposal of such substances. In the event that the Hazardous Substance is not the result of Lessee and there is no other potential location for the Equipment and Property and/or Lessee elects not to remove the hazardous substance and Lessor does not agree to remediate and remove same, the Lessee may terminate this Agreement on thirty (30) days’ notice. In the event that the Hazardous Substance is the result of Lessee, this Agreement shall remain in effect regardless of whether there are any other locations for the Equipment and Property and as set forth herein, Lessee shall be responsible for the payment of any and all costs relating to the Hazardous Substances.
