ENVIRONMENTAL CONDITION OF PREMISES Sample Clauses

ENVIRONMENTAL CONDITION OF PREMISES. Environmental Condition of Property. MORTGAGOR hereby warrants and represents to THE BANK after thorough investigation that:
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ENVIRONMENTAL CONDITION OF PREMISES. Exhibit “C”, Environmental Condition of Property, sets forth the existing environmental condition of the Premises as represented by a baseline survey conducted by the Licensor. Licensee is hereby made aware of the notifications contained in Exhibit “C” and shall comply with all restrictions set forth therein.
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ENVIRONMENTAL CONDITION OF PREMISES. The current ENVIRONMENTAL and ecological condition of the Premises are such that the Premises do not violate any law, ordinance, notice, requirement, rule or regulation applicable thereto and: (i) Lessor neither knows of, nor has it been advised of, any legal or administrative proceedings, claims or alleged claims, volitions or alleged volitions, infractions of alleged infractions or any laws, rules, regulations relating to the condition of the Premises; (ii) there is not now pending, or threatened, any action, suit, investigation or proceeding against Lessor or the Premises seeking to enforce any right or remedy under any ENVIRONMENTAL or ecological law; (iii) Lessor neither knows, nor has been advised or has any reason to believe, that the soil, surface water and ground water of, on, under or about the Premises is not now free from solid waste, hazardous waste, or any other toxic or hazardous substances or contaminants ("hazardous materials"); (iv) during Lessor's ownership and, to the best of its knowledge, during the ownership of prior owners; the Premises has not been used for the treatment, storage, or disposal of any hazardous materials; (v) Lessor shall immediately give Lessee notice in the event it receives any notice from any party with regard to hazardous materials affecting the Premises; (vi) Lessor shall complete all remedial, removal, and other actions necessary to clean up and remove all hazardous materials on, from affecting the Premises as of December 31, 1993, in accordance with all applicable laws; and, (vii) Lessor shall indemnify and hold harmless Lessee against any and all liabilities including, without limitation, the payment of any costs and attorney's fees, arising from or in connection with the treatment, storage, handling and disposal of any hazardous materials on the
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ENVIRONMENTAL CONDITION OF PREMISES. Mortgagor, warrants and represents to Mortgagee that to the best of Mortgagor’s knowledge and except as to those matters (if any) set forth in the Environmental Reports:
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ENVIRONMENTAL CONDITION OF PREMISES. Mortgagor hereby confirms those representations, warranties, covenants and indemnities set forth in the Loan Agreement with respect to the Premises hereunder.
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ENVIRONMENTAL CONDITION OF PREMISES. Obligor hereby warrants and represents to the Lender that, to the best of its knowledge and belief:
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ENVIRONMENTAL CONDITION OF PREMISES. The Premises described herein are and at all times while Bank has any interest in or lien on the Premises will continue to be in full compliance with all federal, state and local environmental Applicable Law, including, but not limited to, those relating to air and water quality, those relating to oil, gas and petroleum products, those related to lead based paints, those related to radon, those related to asbestos and those related to mold and other potentially harmful fungi. As of the date hereof, to the best of Borrower’s knowledge and except as provided in that certain environmental report obtained by Borrower relating to the Land, by Nxxxxxx Environmental Inc. dated June 30, 2021, a copy of which has been provided to Bank (“Environmental Report”), there are no hazardous materials, substances, wastes and other environmentally regulated substances (including, without limitation, gas, oil and other petroleum products, lead based paints and any materials containing asbestos) located on, in or under the Premises or used in connection therewith; or if there are any of the foregoing, (1) Borrower has fully disclosed to Bank in writing the existence, extent and nature of any such substances, (2) Borrower is legally authorized and empowered to maintain such substances on, in or under the Premises or use them in connection therewith, and (3) Borrower has obtained and will maintain all licenses, permits and approvals required with respect thereto, and Borrower is and will remain in full compliance with all of the terms, conditions and requirements of such licenses, permits and approvals.
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ENVIRONMENTAL CONDITION OF PREMISES 
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Related to ENVIRONMENTAL CONDITION OF PREMISES

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Condition of Premises The Premises are demised to Tenant and Tenant accepts the same “as-is”, except that (a) if, not later than sixty (60) days following the date of this Lease, Tenant notifies Landlord that the Initial Premises or a portion thereof (clearly designated in such notice to Landlord) are to be delivered in shell condition (but absent such notice Landlord will not otherwise be obligated to perform the Shell Work, time being of the essence of such notice), the Landlord shall, with respect to such designated portion(s) of the Premises, perform the Shell Work described in Exhibit B-1 at Landlord’s sole cost and expense prior to September 1, 2013, and all other work necessary to prepare the Initial Premises for Tenant’s occupancy shall be performed at Tenant’s sole cost and expense, in accordance with the applicable provisions of this Lease and (b) as to space added to the Premises pursuant to Section 42.01, if Tenant elects as provided therein, that some or all of the space so added shall be delivered in shell condition (but absent such notice Landlord will not otherwise be obligated to perform the Shell Work, time being of the essence of such notice), the Landlord shall, with respect to such designated portion(s) of the Premises, perform the Shell Work described in Exhibit B-1 at Landlord’s sole cost and expense prior to the date which is ninety (90) days following the date on which the additional space would be delivered under Section 42.01 but for the Tenant election that the same be delivered in shell condition, and all other work necessary to prepare the space so added under Section 42.01 for Tenant’s occupancy shall be performed at Tenant’s sole cost and expense, in accordance with the applicable provisions of this Lease. Tenant’s taking possession of any portion of the Premises shall be conclusive evidence that such portion of the Premises was in good order and satisfactory condition when Tenant took possession, and except for latent defects not readily apparent from a careful inspection of the Premises without cutting into or otherwise disturbing walls, floors or ceilings and punchlist items of which Tenant has delivered notice to Landlord, excluding items of damage caused by Tenant or its agents, independent contractors or suppliers (subject to the provisions of Section 3.01 of this Lease). No promise of Landlord to alter, remodel or improve the Property and no representation by Landlord or its agents respecting the condition of the Property has been made to Tenant or relied upon by Tenant other than as may be contained in this Lease or in any written amendment hereto signed by Landlord and Tenant.

  • Inspection of Premises Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

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