Common use of Environmental Compliance and Conditions Clause in Contracts

Environmental Compliance and Conditions. Except as set forth in Section 4.16 of the Disclosure Schedule: (a) the Company is, and for the last three (3) years has been, in compliance in all material respects with all Environmental Laws applicable to the conduct of its business; (b) the Company is, and for the last three (3) years has been, in compliance with all material Permits required under Environmental Law to conduct its business at the Leased Real Property; (c) the Company has not received during the last three (3) years any written notice, information request, demand, claim or notice of violation from any Governmental Authority regarding any actual or alleged material violation of Environmental Laws, or any material liabilities or potential material liabilities for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees under Environmental Laws; (d) there are no material Actions pending or, to the Company’s knowledge, threatened before or by any Governmental Authority against the Company which assert any claim under any Environmental Law; and (e) the Company has not disposed of or released any Hazardous Substance so as to give rise to any material liability for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees under CERCLA or any other Environmental Laws. (f) The representations and warranties in this Section 4.16 are the sole and exclusive representations and warranties in this Agreement concerning environmental matters, including matters arising under Environmental Laws.

Environmental Compliance and Conditions. Except as set forth in Section 4.16 of the Disclosure Schedule: (a) the The Company is, and for the last three (3) years has been, its Subsidiaries are in material compliance in all material respects with all Environmental Laws applicable to the conduct of its business;Laws. (b) the The Company is, and for the last three (3) years has been, its Subsidiaries hold and are in material compliance with all material Permits required under Environmental Law Laws to conduct its business operate at the Leased Real Property;Property and to carry on its businesses as now conducted. (c) the The Company has and its Subsidiaries have not received during the last three (3) years any written notice, information request, demand, claim or notice of violation from any Governmental Authority regarding Body of any actual or alleged material violation of Environmental Laws, or any material liabilities or potential material liabilities for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees under Environmental Laws;Laws in each case that remains pending or unresolved. (d) there are no material Actions pending or, to the Company’s knowledge, threatened before or by any Governmental Authority against Neither the Company which assert any claim under any Environmental Law; and (e) the Company has not nor its Subsidiaries have disposed of or released Released any Hazardous Substance at any Leased Real Property in violation of any Environmental Laws and so as to give rise to any material liability for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees under CERCLA or any other Environmental Laws. (fe) The representations Company and warranties each of its Subsidiaries has delivered to Parent copies of all Phase I and Phase II environmental site assessments of which the Company or any of its Subsidiaries have knowledge related to any of the Leased Real Property that are in this Section 4.16 are the sole and exclusive representations and warranties in this Agreement concerning environmental matters, including matters arising under Environmental LawsCompany’s or its Subsidiaries’ possession.

Environmental Compliance and Conditions. Except as set forth in Section 4.16 of the Disclosure Scheduleon Schedule 4.17: (a) the The Company is, and for the last three (3) years has been, its Subsidiaries are in compliance in all material respects with all Environmental Laws applicable Laws, except where the failure to the conduct of its business;comply would not have a Material Adverse Effect. (b) the The Company is, and for the last three (3) years has been, its Subsidiaries hold and are in compliance with all material Permits required under Environmental Law Laws to conduct its business operate at the Leased Real Property;Property and to carry on their businesses as now conducted, except where the failure to hold such Permits would not have a Material Adverse Effect. (c) Since January 1, 2015, the Company has and its Subsidiaries have not received during the last three (3) years any written notice, information request, demand, claim or notice of violation from any Governmental Authority Body regarding any actual or alleged material violation of Environmental Laws, or any material liabilities or potential material liabilities for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney attorney’s fees under Environmental Laws;, the subject of which would have a Material Adverse Effect. (d) there are no material Actions pending or, to the Company’s knowledge, threatened before or by any Governmental Authority against Neither the Company which assert any claim under any Environmental Law; and (e) the Company has not nor its Subsidiaries have disposed of or released any Hazardous Substance at any Leased Real Property in violation of any Environmental Laws and so as to give rise to any material liability for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney attorney’s fees under CERCLA or any other Environmental Laws, except for any such liabilities which would not have a Material Adverse Effect. (f) The representations and warranties in this Section 4.16 are the sole and exclusive representations and warranties in this Agreement concerning environmental matters, including matters arising under Environmental Laws.

Environmental Compliance and Conditions. Except as set forth in Section 4.16 of the Disclosure Scheduleon Schedule 4.15: (a) the The Company is, and for the last three (3) years has been, its Subsidiaries are in material compliance in all material respects with all Environmental Laws applicable to the conduct of its business;Laws. (b) the The Company is, and for the last three (3) years has been, its Subsidiaries hold and are in material compliance with all material Permits required under Environmental Law Laws to conduct its business operate at the Leased Real Property;Property and to carry on its businesses as now conducted. (c) Since January 1, 2011, the Company has and its Subsidiaries have not received during the last three (3) years any written notice, information request, demand, claim or notice of violation from any Governmental Authority Body regarding any actual or alleged material violation of Environmental Laws, or any material liabilities or potential material liabilities for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees under Environmental Laws;. (d) there are no material Actions pending or, to the Company’s knowledge, threatened before or by any Governmental Authority against Neither the Company which assert any claim under any Environmental Law; and (e) the Company has not nor its Subsidiaries have disposed of or released any Hazardous Substance at any Leased Real Property in violation of any Environmental Laws so as to give rise to any material liability for investigation costs, cleanup costs, response costs, corrective action costs, personal injury, property damage, natural resources damages or attorney fees under CERCLA or any other Environmental Laws. (fe) The representations and warranties in this Section 4.16 4.15 are the sole and exclusive representations and warranties in this Agreement of the Company concerning environmental mattersenvironmental, including health or safety matters including, without limitation, matters arising under Environmental Laws.