Common use of Environmental and Safety Compliance Clause in Contracts

Environmental and Safety Compliance. There are no present or past Environmental Conditions in any way relating to the Facilities. The Company did not cause or contribute to, nor did the Company negligently permit a third party to cause or contribute to, any Environmental Condition in any way relating to the Facilities. For purposes of this Agreement, "Environmental Condition" means any environmental pollution, including, without limitation, any contaminant, irritant or pollutant, from any spill, discharge, leak, emission, escape, injection, dumping or release of any kind whatsoever or any exposure of any type in any work places or to any medium, including, without limitation, air, land, surface waters or groundwaters, or from any generation, transportation, treatment, discharge, handling, storage or disposal of Hazardous Substances used, generated, transported, treated, discharged, stored or disposed of (in any case, "Handled"), except in all cases in the ordinary course of the operations or business of the Company and in accordance in all material respects with all Environmental Laws relating thereto. Without limiting the generality of the foregoing, neither (i) the operations of the Company, nor (ii) the collection, distribution or sale of the processes, results or products of the Company, violates or has violated any Environmental Law. The Company has timely obtained all licenses and permits and timely filed all reports required to be filed under any Environmental Laws. The Company has not Handled any Hazardous Substances on, beneath or about any of the Facilities, except for Hazardous Substances reasonably necessary to the business of the Company (which Hazardous Substances, if any, were Handled, in compliance with Environmental Laws). The Company has not received any notice from any governmental agency or private or public entity advising the Company that it is potentially responsible for response costs with respect to a release or threatened release of Hazardous Substances. The Company has not buried, dumped, released or otherwise disposed of any Hazardous Substances, on, beneath or about any of the Facilities or on, beneath or about any other property used in the business of the Company. The Company has not received notice of any violation of any Environmental Law or other zoning or land use ordinance, law or regulation relating to the business or operations of the Company, or any of the processes followed, results obtained or products made by the Company.

Environmental and Safety Compliance. There are no present or past Environmental Conditions To Seller's knowledge ----------------------------------- neither the operation of the business of the System nor the Assets violate in any way material respect any applicable federal, state or local law, rule, regulation or order relating to air, water or noise pollution, employee health and safety, or the Facilities. The Company did not cause production, storage, labeling, transportation or contribute to, nor did the Company negligently permit a third party to cause disposition of waste or contribute to, any Environmental Condition in any way relating to the Facilities. For purposes of this Agreementhazardous or toxic substances (collectively, "Environmental Condition" means any environmental pollution, including, without limitation, any contaminant, irritant or pollutant, from any spill, discharge, leak, emission, escape, injection, dumping or release of any kind whatsoever or any exposure of any type in any work places or to any medium, including, without limitation, air, land, surface waters or groundwaters, or from any generation, transportation, treatment, discharge, handling, storage or disposal of Hazardous Substances used, generated, transported, treated, discharged, stored or disposed of (in any case, "HandledLaws"), except in all cases in the ordinary course of the operations or business of the Company and in accordance in all material respects with all Environmental Laws relating thereto. Without limiting the generality of the foregoing, neither (i) the operations of the Company, nor (ii) the collection, distribution or sale of the processes, results or products of the Company, violates or has violated any Environmental Law. The Company Seller has timely obtained all licenses and permits and timely filed all reports required to be filed under any applicable Environmental Laws, such licenses and permits being listed in Seller's Disclosure Schedule. The Company Seller has not Handled not, and, to the best of Seller's knowledge, no other Person has, stored any Hazardous Substances Pollutant on, beneath or about any of the FacilitiesReal Property. Seller is not aware of any condition relating to or resulting from the release or discharge of Pollutants into the soil, except for Hazardous Substances reasonably necessary surface waters, groundwater, drinking water supplies, navigable waters, land, surface or subsurface strata, or ambient air which has resulted or could result in any material damage, loss, cost, expense, claim, demand, order or liability to or against Seller or Buyer by a governmental authority or other Party relating to or resulting from the operation of the business of the Company (which Hazardous SubstancesSystem, if anythe Assets or otherwise relating to the Real Property, were Handled, in compliance with Environmental Laws)irrespective of the cause of such condition. The Company Seller has not received any notice from any governmental agency authority or private or public entity advising the Company Seller that it is potentially responsible for response costs with respect to a release or threatened release of Hazardous Substancesany Pollutant. The Company Seller has not not, and, to the best of Seller's knowledge, no other Person has, buried, dumped, released dumped or otherwise disposed of any Hazardous Substances, Pollutants on, beneath or about any of the Facilities or on, beneath or about any other property used in the business of the CompanyReal Property. The Company Seller has not received any notice of any violation of any Environmental Law or other zoning or land use ordinance, law or regulation relating to the business or operations operation of the Companybusiness of the System or the Assets including, but not limited to, CERCLA, the Toxic Substance Control Act of 1976, as amended, the Resource Conservation and Recovery Act of 1976, as amended, the Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, or any the Occupational Safety and Health Act of 1970, as amended. Seller's Disclosure Schedule also contains a list and brief description of all material filings by Seller with, material notices to Seller from, and related material reports to all governmental authorities administering Environmental Laws, within three years prior to the processes followeddate hereof, results obtained including without limitation, filings made, corrective action taken, or products made citations received by Seller. Except as set forth in Seller's Disclosure Schedule, no written environmental assessments or impact statements or reports relating to the CompanyReal Property have been prepared for, or received by, Seller prior to the date hereof.

Environmental and Safety Compliance. There are no present or past Environmental Conditions Neither Seller's operation of ----------------------------------- the business of the System nor the Assets violate in any way material respect any applicable federal, state or local law, rule, regulation or order relating to air, water or noise pollution, employee health and safety, or the Facilities. The Company did not cause production, storage, labeling, transportation or contribute to, nor did the Company negligently permit a third party to cause disposition of waste or contribute to, any Environmental Condition in any way relating to the Facilities. For purposes of this Agreementhazardous or toxic substances (collectively, "Environmental Condition" means any environmental pollution, including, without limitation, any contaminant, irritant or pollutant, from any spill, discharge, leak, emission, escape, injection, dumping or release Laws") . Seller has not caused and to Seller's knowledge is not aware of any kind whatsoever condition relating to or any exposure resulting from the release or discharge of any type in any work places or to any mediumPollutants into the soil, includingsurface waters, without limitationgroundwater, airdrinking water supplies, navigable waters, land, surface waters or groundwaterssubsurface strata, or from any generation, transportation, treatment, discharge, handling, storage ambient air which has resulted or disposal of Hazardous Substances used, generated, transported, treated, discharged, stored or disposed of (could result in any casedamage, "Handled")loss, except in all cases in cost, expense, claim, demand, order or liability to or against Seller or Buyer by a Governmental Authority or other entity relating to or resulting from the ordinary course operation of the operations or business of the Company and in accordance in all material respects with all Environmental Laws relating thereto. Without limiting the generality of the foregoing, neither (i) the operations of the Company, nor (ii) the collection, distribution or sale of the processes, results or products of the Company, violates or has violated any Environmental Law. The Company has timely obtained all licenses and permits and timely filed all reports required to be filed under any Environmental Laws. The Company has not Handled any Hazardous Substances on, beneath or about any of the Facilities, except for Hazardous Substances reasonably necessary to the business of the Company (which Hazardous SubstancesSystem, if anythe Assets or otherwise relating to the Real Property, were Handled, in compliance with Environmental Laws)irrespective of the cause of such condition. The Company Seller has not received any notice from any governmental agency Governmental Authority or private or public entity advising the Company Seller that it is potentially responsible for response costs with respect to a release or threatened release of Hazardous Substancesany Pollutant. The Company has not buried, dumped, released or otherwise disposed of any Hazardous Substances, on, beneath or about any of the Facilities or on, beneath or about any other property used in the business of the Company. The Company Seller has not received any notice of any violation of any Environmental Law or other zoning or land use ordinance, law or regulation relating to the business or operations operation of the Companybusiness of the System or the Assets including, but not limited to, CERCLA, the Toxic Substance Control Act of 1976, as amended, the Resource Conservation and Recovery Act of 1976, as amended, the Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, or any the Occupational Safety and Health Act of 1970, as amended. Seller's Disclosure Schedule also contains a list and brief description of all material filings by Seller with, material notices to Seller from, and related material reports to all Governmental Authorities administering Environmental Laws within three years prior to the date hereof, including without limitation, filings made, corrective action taken, or citations received by Seller. Except as set forth in Seller's Disclosure Schedule, no written environmental assessments or impact statements or reports relating to the Real Property have been prepared for, or received by, Seller prior to the date hereof. To the best of Seller's knowledge or as otherwise disclosed in the Phase I and Phase II environmental reports delivered by Seller to Buyer prior to execution of this Agreement, none of the processes followedproperties included in the Assets or to be leased by Buyer has underground or above ground storage tanks, results obtained or products made by has had any leak, spill, disposal, discharge, or release of any Pollutant. To Seller's knowledge without any inspection or investigation whatsoever, there are no (a) friable asbestos-containing materials on or in the CompanyAssets or any buildings or facilities thereon or to be leased to Buyer, or (b) electrical transformers, fluorescent light fixtures with ballasts, or other equipment containing PCB's in excess of legal requirements on such properties.

Environmental and Safety Compliance. There are no present or past Environmental Conditions in any way relating to the Facilities. The Company did not cause or contribute to, nor did the Company negligently permit a third party to cause or contribute to, any Environmental Condition in any way relating to the Facilities. For purposes of this Agreement, "Environmental Condition" means any environmental pollution, including, without limitation, any contaminant, irritant or pollutant, from any spill, discharge, leak, emission, escape, injection, dumping or release of any kind whatsoever or any exposure of any type in any work places or to any medium, including, without limitation, air, land, surface waters or groundwaters, or from any generation, transportation, treatment, discharge, handling, storage or disposal of Hazardous Substances used, generated, transported, treated, discharged, stored or disposed of (in any case, "Handled"), except in all cases in the ordinary course of the operations or business of the Company and in accordance in all material respects with all Environmental Laws relating thereto. Without limiting the generality of the foregoing, neither (i) the operations of the Company, nor (ii) the collection, distribution or sale of the processes, results or products of the Company, violates or has violated any Environmental Law. The Company has timely obtained all licenses and permits and timely filed all reports required to be filed under any Environmental Laws. The Company has not Handled any Hazardous Substances on, beneath or about any of the Facilities, except for Hazardous Substances reasonably necessary to the business of the Company (which Hazardous Substances, if any, were Handled, in compliance with Environmental Laws). The Company has not received any notice from any governmental agency or private or public entity advising the Company that it is potentially responsible for response costs coss with respect to a release relexxx or threatened release of Hazardous Substances. The Company has not buried, dumped, released or otherwise disposed of any Hazardous Substances, on, beneath or about any of the Facilities or on, beneath or about any other property used in the business of the Company. The Company has not received notice of any violation of any Environmental Law or other zoning or land use ordinance, law or regulation relating to the business or operations of the Company, or any of the processes followed, results obtained or products made by the Company.

Environmental and Safety Compliance. There are no present The operation of the Relevant Business or past Environmental Conditions in the Purchased Assets of Seller does not violate any way applicable federal, state or local law, regulation, rule or order relating to air, water, or noise pollution, employee health and safety, or the Facilities. The Company did not cause production, storage, labeling transportation or contribute to, nor did the Company negligently permit a third party to cause disposition of waste or contribute to, any Environmental Condition in any way relating to the Facilities. For purposes of this Agreementhazardous or toxic substances (collectively, "Environmental Condition" means any environmental pollution, including, without limitation, any contaminant, irritant or pollutant, from any spill, discharge, leak, emission, escape, injection, dumping or release of any kind whatsoever or any exposure of any type in any work places or to any medium, including, without limitation, air, land, surface waters or groundwaters, or from any generation, transportation, treatment, discharge, handling, storage or disposal of Hazardous Substances used, generated, transported, treated, discharged, stored or disposed of (in any case, "HandledLaws"), except in all cases in the ordinary course of the operations or business of the Company and in accordance in all material respects with all Environmental Laws relating thereto. Without limiting the generality of the foregoing, neither (i) the operations of the Company, nor (ii) the collection, distribution or sale of the processes, results or products of the Company, violates or has violated any Environmental Law. The Company Seller has timely obtained all licenses and permits and timely filed all reports required to be filed under any applicable Environmental LawsLaw. The Company Seller has not Handled not, and, to the best of Seller's knowledge, no other person has, stored any chemical or hazardous substances, including any "Hazardous Substances Substances", "Pollutants" or "Contaminants" (as such terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA")), asbestos, petroleum products, or polychlorinated biphenyls (collectively referred to herein as "Hazardous Substances"), on, beneath or about any of the Facilitiesowned or leased properties of Seller. Seller knows of no condition relating to or resulting from a release or discharge into the soil, except for Hazardous Substances reasonably necessary surface waters, groundwaters, drinking water supplies, navigable waters, land, surface or subsurface strata, ambient air or any other environmental medium whether or not yet discovered which has resulted or could result in any damage, loss, cost, expense, claim, demand, order or liability to or against Seller or Buyer by any Governmental Authority or other third party relating to or resulting from the business operation of the Company (which Hazardous SubstancesRelevant Business or the Purchased Assets or otherwise related to any real property owned or leased by Seller, if any, were Handled, in compliance with Environmental Laws)irrespective of the cause of such condition. The Company Seller has not received any notice from any governmental agency Governmental Authority or private or public entity advising the Company Seller that it is potentially responsible for response costs with respect to a release or threatened release of any Hazardous Substances. The Company Seller has not not, and, to the best of Seller's knowledge, no other person has, buried, dumped, released dumped or otherwise disposed of any Hazardous Substances, Substances on, beneath or about any of the Facilities owned or leased properties of Seller or on, beneath or about any other property used in the business of the Companyproperty. The Company Seller has not received notice of any violation of any Environmental Law or other zoning or land use ordinance, law or regulation relating to the business or operations operation of the CompanyBusiness including, but not limited to, CERCLA, the Toxic Substances Control Act of 1976, as amended, the Resource Conservation Recovery Act of 1976, as amended, the Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, or the Occupational Safety and Health Act of 1970, as amended, nor is Seller aware of any of the processes followed, results obtained or products made by the Companysuch violation.

Environmental and Safety Compliance. There are no present or past Environmental Conditions in any way relating to the Facilities. The Company did not cause or contribute to, nor did the Company negligently permit a third party to cause or contribute to, any Environmental Condition in any way relating to the Facilities. For purposes of this Agreement, "Environmental Condition" means any environmental pollution, including, without limitation, any contaminant, irritant or pollutant, from any spill, discharge, leak, emission, escape, injection, dumping or release of any kind whatsoever or any exposure of any type in any work places or to any medium, including, without limitation, air, land, surface waters or groundwaters, or from any generation, transportation, treatment, discharge, handling, storage or disposal of Hazardous Substances used, generated, transported, treated, discharged, stored or disposed of (in any case, "Handled"), except in all cases in the ordinary course of the operations or business of the Company and in accordance in all material respects with all Environmental Laws relating thereto. Without limiting the generality of the foregoing, neither (i) the operations of the Company, nor (ii) the collection, distribution or sale of the processes, results or products of the Company, violates or has violated any Environmental Law. The Company has timely obtained all licenses and permits and timely filed all reports required to be filed under any Environmental Laws. The Company has not Handled handled any Hazardous Substances on, beneath or about any of the Facilities, except for Hazardous Substances reasonably necessary to the business of the Company (which Hazardous Substances, if any, were Handled, in compliance with Environmental Laws). The Company has not received any notice from any governmental agency or private or public entity advising the Company that it is potentially responsible for response costs with respect to a release or threatened release of Hazardous Substances. The Company has not buried, dumped, released or otherwise disposed of any Hazardous Substances, on, beneath or about any of the Facilities or on, beneath or about any other property used in the business of the Company. The Company has not received notice of any violation of any Environmental Law or other zoning or land use ordinance, law or regulation relating to the business or operations of the Company, or any of the processes followed, results obtained or products made by the Company.