Environmental Condition of Assets. Except for all matters described in the Environmental Reports, or described in the Environmental Issues Proposal referred to in Section 7.1.6, Seller represents that:
Environmental Condition of Assets. To Seller’s Knowledge: (a) the Assets are and have been operated by Seller in material compliance with all Environmental Laws, and all material Environmental Permits have been procured; (b) there are no pending proceedings, and Seller has not received written notice of any threatened proceedings, asserting a violation of Environmental Laws or noncompliance with Environmental Permits against Seller with respect to the Assets or the operation of the Assets by Seller or its Affiliates, and (c) there has been no material release of any Hazardous Substances by Seller or its Affiliates, or by any other Person, on or about the Assets.
Environmental Condition of Assets. To the New Century Group's actual knowledge, there are no material Environmental Liabilities affecting the Xxxxx Assets. "Environmental Liabilities" means obligations, duties, losses, liabilities, claims, fines, expenses, damages, costs, including attorney's fees and expenses, or penalties created by, related to, or arising out of any Environmental Law, whether Accruing before or after the Effective Date excluding all Plugging and Abandonment Obligations. "Environmental Laws" means any applicable laws, orders, rules, regulations, judgments, or decrees of any federal, state, tribal, county or municipal governing authority having jurisdiction over any Asset or Party which related to pollution, the protection or cleanup of the environment, or the release or disposal of Deleterious Substances into the environment, including but not limited to ambient air, surface water, groundwater, land surface or subsurface strata; including all such laws, orders, rules, regulations, judgments or decrees as they may be amended, varied or modified in the future.
Environmental Condition of Assets. To PSEI's knowledge, all material environmental problems affecting the Assets are referred to in documents which have been, or prior to Closing, will be provided or made available to QLTS, or are otherwise referred to in the PSEI Disclosure Schedule or described in Schedule 6.8 (''Environmental Disclosure Schedule").
Environmental Condition of Assets. To Unocal's Knowledge, all material environmental problems affecting the Assets are referred to in documents which have been, or prior to Closing, will be provided or made available to Buyer, or are otherwise referred to in the Unocal Disclosure Schedule or described in Schedule 6.8 ("Environmental Disclosure Schedule"). Unocal and TBI acknowledge that (i) there are certain environmental conditions referenced on Schedule 6.8 which have not yet become specific and identifiable third party claims and that the inclusion of such conditions shall not preclude claims which arise after the Closing Date from being categorized as and treated hereunder as Qualified Claims even though such claims relate to such generally described environmental conditions (to the extent that such claims otherwise meet the criteria of Qualified Claims, as defined herein), and (ii) that the environmental matters described on Schedule 6.8 which constitute specific and identifiable third party claims shall be the responsibility of TBI and shall not be eligible to become Qualified Claims after the Closing.
Environmental Condition of Assets. To Unocal's Knowledge, all environmental problems affecting the Assets are referred to in documents which have been, or prior to Closing, will be provided or made available to Buyer, or referred to in the Disclosure Schedule, in the Environmental Disclosure Schedule or elsewhere in this Agreement.
