Environmental Compliance; Hazardous Materials. (a) Except as set forth in Schedule 3.11(a) or for matters that would not reasonably be expected to have a Sellers’ Material Adverse Condition:
Environmental Compliance; Hazardous Materials. DigiCities has complied in all material respects with, and have not been cited for any violation of, federal, state, and local environmental protection laws and regulations; and no material capital expenditures will be required for compliance with any federal, state, or local laws or regulations now in force relating to the protection of the environment. As used in this paragraph, "Hazardous Material" means any hazardous or toxic substance, material, or waste that is regulated by any federal authority or by any state or local authority where the substance, material, or waste is located. There are no underground storage tanks located on the real property described in Schedule 5.8 in which any Hazardous Material has been or is being stored, nor has there been any spill, disposal, discharge, or release of any Hazardous Material into, upon, or over that real property or into or upon ground or surface water on that real property. There are no asbestos containing materials incorporated into the buildings or interior improvements that are part of that real property or into other assets of DigiCities, nor is there any electrical transformer, fluorescent light fixture with ballasts, or other equipment containing PCBs on that real property.
Environmental Compliance; Hazardous Materials. Shareholder, Seller or representatives of Seller or Shareholder have not caused or otherwise permitted the Assets or other properties owned, leased, or used by Seller in the Business or any part thereof, including the property subject to the Assignment, to be used to generate, manufacture, refine, transport, produce, use or process hazardous substances, or other dangerous or toxic substances, or solid waste, except in compliance with all applicable federal, state, and local laws. For this purpose, "hazardous substances" and other terms used in this paragraph shall mean those substances or wastes as are defined by the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act, or any other applicable federal, state, or local law, regulation, or requirement, as amended, or hereafter amended. No notice has been served on Seller or Shareholder from any entity, governmental body or individual claiming any violation of any law, regulation, ordinance or code by Seller or Shareholder or identifying Seller or Shareholder as a potentially responsible party with respect to any substance alleged to have been discharged, stored, treated, generated, disposed of or allowed to escape on said properties, or requiring compliance with any law, regulation, ordinance or code or demanding payment or contribution for environmental damage or injury to natural resources. Neither Seller nor Shareholder has disposed of, nor has any knowledge of the disposal of, any hazardous substance involving the foregoing properties which would violate any environmental laws, regulations, orders, or codes. There is no hazardous waste, as defined by RCRA, on site at the Seller's facilities, including, but not limited to, spent acid, lead or any other materials from production.
Environmental Compliance; Hazardous Materials. 13.9.1 The Properties are not, and, as of the Closing will not be, in material violation of any federal, state, or local law, ordinance, or regulation relating to industrial hygiene or to the environmental conditions on, under, or about the Properties including, but not limited to, soil and groundwater conditions.
Environmental Compliance; Hazardous Materials. To the knowledge of Seller, the Properties are not, and, as of the Closing will not be, in violation of any federal, state, or local law, ordinance, or regulation relating to industrial hygiene or to the environmental conditions on, under, or about the Properties including, but not limited to, soil and groundwater conditions. Other than as disclosed in the Phase I, there are no Hazardous Materials (as defined below) present on the Properties other than Hazardous Materials that are necessary or useful to Tenant's business and are used, kept and stored in a manner that
Environmental Compliance; Hazardous Materials. 3.16.1 As used in this Section “Environmental Laws” means any federal, state, local, or foreign laws, statutes, regulations, ordinances, decrees, judgments, or orders and all common law concerning MERGER AGREEMENT AND PLAN OF REORGANIZATION public health or safety, worker health or safety, or pollution or protection of the environment, as the foregoing are enacted or in effect before the Closing Date. As used in this Section, “Hazardous Material” means any hazardous or toxic substance, material, or waste that is regulated by any federal authority or by any state or local authority where the substance, material, or waste is located. “Hazardous Material” includes, but is not limited to, petroleum base products, paints and solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonium compounds, asbestos, PCBs, and other chemical products.
Environmental Compliance; Hazardous Materials. 4.15.1 The real property described in Section 4.15.1 of the Buyer Disclosure Schedule constitutes all of the real property and interests in real property owned or leased by the Company as of the Target Balance Sheet Date, except for properties that have been disposed of as specified in Section 4.15.1 of the Buyer Disclosure Schedule.
Environmental Compliance; Hazardous Materials. The Properties are not, and, as of the Closing will not be, in violation of any federal, state, or local law, ordinance, or regulation relating to industrial hygiene or to the environmental conditions on, under, or about the Properties including, but not limited to, soil and groundwater conditions. There are no Hazardous Materials (as defined below) present on the Properties except as otherwise disclosed to Buyer in writing. Seller further warrants and represents that during the time in which Seller owned the Properties, neither Seller nor, to the best of Seller’s knowledge, after due and diligent inquiry, any third party has used, generated, manufactured, produced, stored, or disposed of on, under, or about the Properties or transported to or from the Properties any Hazardous Materials except as otherwise disclosed to Buyer in writing. There is no proceeding or inquiry by any governmental authority with respect to the presence of Hazardous Materials on the Properties or the migration of Hazardous Materials from or to the Properties except as otherwise disclosed to Buyer in writing. There are no storage tanks located in or under the Properties except as otherwise disclosed to Buyer in writing. The term “
Environmental Compliance; Hazardous Materials. The Company has complied in all material respects with, and has not been cited for any violation of, federal, state and/or local environmental protection laws and regulations, and no material capital expenditures will be required for compliance with any federal, state or local laws or regulations now in force relating to the protection of the environment. As used in this paragraph, "hazardous material" means any hazardous or toxic substance, material or waste that is regulated by any federal authority or by any state or local authority where the substance, material or waste is located. There are no underground storage tanks located on any of the real property ever occupied or owned by the Company in which the Company stores or stored any hazardous material, and the Company has not spilled, disposed, discharged or released any hazardous material into, upon, or over any real property or into ground or surface water on any real property.
Environmental Compliance; Hazardous Materials. To Seller’s Knowledge, and except as set forth in that certain Phase I Environmental Site Assessment, dated October 6, 2006 prepared by Nova Engineering and Environmental, Inc.; that certain Report of Pre-Demolition Asbestos Survey, dated October 6, 2006 prepared by Nova Engineering and Environmental, Inc.; and that certain Report of Subsurface Exploration, dated January 14, 1999 prepared by Atlanta Testing and Engineering (collectively, the “Environmental Reports”), which Environmental Reports have been delivered to Buyer by Seller, the Property is not in violation of or subject to any remedial obligation arising under any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and groundwater conditions (“Applicable Laws”). There are no Hazardous Materials (as defined below) present on the Property in violation of Applicable Laws. Seller further warrants and represents that during the time in which the Property was owned or operated by Seller or the immediate predecessor in title, neither Seller nor any third party has used, generated, manufactured, produced, stored or disposed of on, under or about the Property or transported to or from the Property any Hazardous Materials in violation of Applicable Laws. There is no proceeding or inquiry by any governmental authority with respect to the presence of Hazardous Materials on the Property or the migration of Hazardous Materials from or to the Property. To Seller’s Knowledge, there are no storage tanks located in or under the Property. The term “
