Environmental Disclosures. The following paragraph shall be added to the Lease as Paragraph 38 Environmental Disclosures. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential real property who know, or have reasonable cause to believe, that any release of a hazardous substance has come to be located on or beneath their real property to provide written notice of such to a lessee of the real property. The Property, of which the Premises are a part, is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area ("MEW Site"). As such, hazardous substances may exist on and/or beneath the Property. The EPA is overseeing the investigation, monitoring, remediation and response actions being conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA's website at; xxxx://xxxxxxxx.xxx.xxx/x0/xxxxx/x0xxxxxx.xxxX/xxxXxXXXXX/XXX000000000. The responsible parties for the contamination ("RPs") have long been conducting investigations, monitoring and remediation activities at the MEW Site including, without limitation, groundwater remediation. The Building was constructed with an EPA-approved vapor intrusion barrier. Following construction, Landlord shall use reasonable efforts to cause the RPs to periodically test the Building's indoor air, as required by EPA, to verify that the Building's indoor air quality complies with EPA's MEW Site cleanup levels for commercial buildings, however. Tenant acknowledges that Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same, except as required by law. Tenant further acknowledges that the provision of this disclosure does not impose any additional legal obligations or duties on Landlord. Tenant shall cooperate and provide reasonable access to the Premises for air quality testing, inspections, mitigation and remediation, as needed. Tenant shall not initiate any communication with any governmental agencies concerning hazardous substances existing at the Premises and/or the MEW Site, without first notifying Landlord in writing of its intention to do so and allowing Landlord to (a) participate in any meetings or conference calls with the governmental agencies and (b) review in advance, and provide comments to, any proposed communications with the governmental agencies.
Environmental Disclosures. DL 3.16 sets forth all environmental matters that are within the scope of the specific categories set forth below which, individually or in the aggregate, could reasonably be expected to have a Materially Adverse Effect on the Corporation and the Subsidiaries taken as a whole:
(1) all permits, licenses and other authorizations possessed by the Corporation and the Subsidiaries issued under Federal, state or local laws relating to pollution or protection of worker or public health, safety or the environment (collectively, the "Environmental Permits"), whether based on statute, regulation, common law, equity or any other legal theory (the "Environmental Laws") including, but not limited to, those relating to emissions, discharges, releases or threatened releases of hazardous substances, pollutants, contaminants, or hazardous or toxic material or wastes into ambient air, surface water, groundwater or land ("Releases"). Each of such Releases and violations of an Environmental Law is referred to herein as an "Environmental Incident";
(2) to the knowledge of the Corporation, all violations by the Corporation or any Subsidiary of the terms and conditions of any Environmental Permits or Environmental Laws or of any other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in Environmental Laws; applicable orders, agreements, variances, injunctions, decrees, writs, judgments, awards or arbitration awards relating thereto; and all past or present events, conditions, circumstances, activities, practices, incidents, actions or plans concerning the business or operations of the Corporation or any of its Subsidiaries or any entity that was formerly a subsidiary or a controlled affiliate of the Corporation which may give rise to any legal liability of the Corporation or any of its Subsidiaries under any Environmental Law or otherwise from any claim, action, suit, proceeding, hearing or investigation in connection with any Environmental Incident;
(3) all orders (including, without limitations, decrees, writs, judgments, awards or notice or demand letters) or agreements issued, entered, promulgated or approved by any Person under or in connection with Environmental Laws which bind, restrict, obligate, or otherwise apply to the Corporation or any of the Subsidiaries or any of their respective properties or assets, which remain in effect or which were issued or effective during the five years prior to t...
Environmental Disclosures. Seller represents, that to the best of the Seller's knowledge and belief, the property does not contain any (a) abandoned underground storage tank; (b) soil pollution or ground water contamination of any kind; (c) any lands subject to any wet-lands act of the State of Federal government; (d) land subject to any order of any governmental agency mandating any cleanup of any toxic or harmful substance; (e) land subject to application of the Environmental Cleanup Responsibility Act, the Industrial Site Recovery Act, or any similar law or regulation; (f) land subject to a riparian claim of the State of New Jersey; (g) asbestos or urea-formaldehyde foam insulation; (h) excessive levels of radon gas; or (i) other condition adversely effecting the value of the property or the health and safety of the occupants. The representations in paragraph 13, herein, are not intended as warranties or
Environmental Disclosures. Vendor represents and warrants to Division and Purchasers that the responses and other disclosures in Exhibit D regarding the Products when received by Purchaser are true and accurate.
Environmental Disclosures. Landlord hereby discloses to Tenant and Tenant hereby acknowledges that it understands and accepts that the Park was constructed on property that was part of the regional South Bay Asbestos Area Superfund Site under the careful regulatory oversight of the United States Environmental Protection Agency (“US EPA”) and the California Department of Toxic Substances Control (“DTSC”). The Park was under those agencies’ oversight because it contained fill materials that included construction debris including transite pipe, a material that typically contains asbestos, in addition to materials that had been removed from a nearby landfill in the 1960’s during relocation of the Gxxxxxxxx River channel. In addition to the steps taken to remove these materials prior to construction of the buildings that are now a part of the Park, any materials that might not have been removed were isolated in place by installation of a soil cap and a sealed 60-mil thick polyethylene liner under the buildings. A venting system was also installed to collect any methane that might be generated by the decomposition of any organic landfill material remaining in the soil.
Environmental Disclosures. (a) Tenant is hereby notified that the Land and the Building described herein contain Hazardous Substances (including, but not limited to, ACM); as a result, the Land, the Building and the owner, lessee or other possessor of the Land and/or the Building may be subject to requirements, restrictions, provisions, and liabilities contained in Chapter 6.5 and Chapter 6.8 of Division 20 of the State of California Health and Safety Code. This statement is not a declaration that a hazard exists.
Environmental Disclosures. Estimated Section Location Issue Estimated Cost Completion Date
(i) Niagara Falls, NY Buried TENORM. When Xxxxxxx owned the site they buried some silica fume in back of the plant that contains TENORM. The landfill area has been of interest to NRC and NYDEC. Not Known Not Known
Environmental Disclosures. The Purchaser acknowledges that the Seller has not made, will not make and hereby disclaims any and all representations and warranties concerning the environmental condition of the Property. In addition, Seller will not be obligated to remove or cure any existing trash, refuse, or environmental problem.
Environmental Disclosures. To facilitate provision of the Services by Landlord and to ensure the safety of Landlord’s employees and contractors, Tenant shall provide Landlord with material safety data sheets identifying all chemicals present on the Premises and shall provide information with respect to such chemicals required to complete the spreadsheet attached hereto as Exhibit B. During the term of this Amendment, Tenant shall promptly provide to Landlord updated information necessary to allow Landlord to maintain the accuracy of the MSDSs and the spreadsheet set fort in Exhibit B.
Environmental Disclosures. Vendor acknowledges HealthTrust’s commitment to sourcing environmentally preferred products. Vendor shall, upon request of and in the format requested by HealthTrust or HealthTrust’s’ environmental health intelligence third party vendor submit responses regarding environmental health product attributes and overall corporate sustainability. Vendor shall support HealthTrust in validating the environmental health product attribute information, as necessary. HealthTrust reserves the right to contract for any product deemed necessary for environmental purchasing regardless of contract award status.
