Environmental Condition of the Property. Except as disclosed on Schedule 5.5:
Environmental Condition of the Property. The Property, to the best of Seller's knowledge, is not in violation of any federal, state or local law, ordinance or regulation relating to environmental conditions on, under or about the Property, including, but not limited to soil and groundwater conditions. To the best of Seller's knowledge, there are no underground storage tanks currently or previously situated in the Property. Neither Seller, nor to the best of Seller's knowledge has any third party used, generated, manufactured, refined, produced, processed, stored or disposed of on, or under the Property or transported to or from the Property any Hazardous Materials. For the purposes of this Agreement, "Hazardous Materials" means any flammable explosives, radioactive materials, asbestos, petroleum, organic compounds known as polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, including, without limitation, any substances defined as or included in the definition of "hazardous substances", "hazardous material" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 V.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 V.S.C. § 1801, et seq., the Resource Conservation and Recovery Act, 42 V.S.C. § 6901 et seq., or any other federal, state or local statute, law, ordinance, code, rule, regulation, order, decree or other requirement of governmental authority regulating, relating to or imposing liability or standard of conduct concerning any hazardous, toxic or dangerous substance or material, as now or at any time hereafter in effect, and in the regulations adopted, published and/or promulgated pursuant to said laws.
Environmental Condition of the Property. Except as disclosed (i) in that certain Phase I Environmental Assessment pertaining to the Property prepared by Property Solutions Incorporated and dated February 18, 2009, or (ii) in the Environmental Reports (hereinafter defined), neither Seller, any of Seller’s subsidiaries nor, to Seller’s knowledge, any prior owner of any portion of the Property, has deposited, stored, disposed of, transported, buried, dumped, injected, spilled, leaked, discharged, poured, pumped, released or used, or suffered any of the foregoing with respect to, any hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in the definition of Environmental Laws (as defined in the Lease), at, upon, under, within or from all or any portion of the Property in violation of any Environmental Law, and the Property does not presently contain any such substance, material or pollutant in violation of any Environmental Laws. No lien exists, nor is any lien threatened against, all or any portion of the Property because of the existence of any such substance, material or pollutant in violation of any Environmental Laws. As used herein the word “contain” shall mean contain, deposit, storage, disposal, burial, dumping, injecting, spilling, leaking or other placement or release in or on any of the Property. There are no Environmental Laws which prohibit the present or intended use of the Property. Seller has delivered to Purchaser copies of the environmental reports previously obtained by Seller regarding the Property and listed on Schedule 6 (the “Environmental Reports”).
Environmental Condition of the Property. Seller represents and warrants to Buyer that it has no current actual knowledge of any prior or current Environmental Conditions affecting the Property or any prior or current violations of Environmental Law with respect to the Property, nor does Seller have any current actual knowledge of any prior or current regulatory actions taken with respect to the Property regarding an actual or alleged Environmental Condition. Further, Seller represents that it has received no written notice of, and has no other current actual knowledge of, any pending or threatened claims or other restrictions of any nature related to any Environmental Condition or arising under Environmental Law with respect to the Property. For purposes of Section 5.1, the following terms have the following meanings:
Environmental Condition of the Property. (a) The location, construction, occupancy, operation, condition and use of the Property do not violate any applicable law, statute, ordinance, rule, regulation, order or determination of any Governmental Authority, or any restrictive covenant or deed restriction (recorded or otherwise) affecting the Property, including without limitation all applicable zoning ordinances and building codes, flood disaster, occupational health and safety laws and Environmental Laws where such violation could reasonably be expected to have a Material Adverse Effect.
Environmental Condition of the Property. Based on the disclosure of Landlord as described in (a) above, and the Tenant’s investigation of the Property, it is acknowledged by the parties that the List of Environmental Condition Documents disclose that:
Environmental Condition of the Property. (a) After diligent investigation, to AmerAlia's and the Company's knowledge, the location, construction, occupancy, operation and use of AmerAlia's properties and the Company's properties do not violate any applicable permit, law, statute, ordinance, rule, regulation, order or determination of any governmental authority or other body exercising similar functions, or any restrictive covenant or deed restriction (recorded or otherwise) affecting such properties, including, without limitation, all applicable zoning ordinances and building codes, flood disaster, occupational health and safety laws and Environmental Laws and regulations (as referred to in this Section 5.8, collectively, "applicable laws") where such violation could reasonably be expected to cause a Material Adverse Effect;
Environmental Condition of the Property. Except as otherwise disclosed in writing by Seller to Buyer prior to the expiration of the Inspection Period (including matters disclosed in the Diligence Materials), Seller has no written notice in its possession, and to Seller’s knowledge, Seller has received no notice that past or current occupants or owners of all or any portion of the Property have owned, used, generated, manufactured, stored, handled, released or disposed of any hazardous or toxic substances on the Property in violation of applicable environmental laws.
Environmental Condition of the Property. Except as disclosed on Schedule 4.5, the location, construction, occupancy, operation and use of the Property do not violate any applicable laws, rules or regulations relating to air emissions, water discharge, noise emissions, solid or liquid waste disposal, Polluting Substances or other environmental, health or safety matters (as referred to in this Section 4.5, collectively, "applicable laws") in a material manner, neither any Borrower nor Parent nor the Property is subject to any existing, pending or, to the knowledge of Parent or Borrowers, threatened investigation or inquiry by any governmental authority or subject to any remedial obligations due to violations of any applicable laws, no Borrower or Parent is subject to any liability or obligation relating to the environmental conditions on, under or about the Property, including related to any Polluting Substance in excess of $250,000, individually, or in the aggregate, and each Borrower and Parent has been issued, and is in compliance, in all material respects, with, all required licenses, permits and certificates relating to the Property. 4.6
Environmental Condition of the Property. To the best of the Company's knowledge, except as disclosed on Schedule 4.5 and except for matters that could not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect:
