Environmental Fines. Seller shall upon demand, promptly pay all fines and assessments that Seller is not disputing in good faith and by appropriate proceedings, and that are attributable to (a) Seller's operation of Equipment which was not in compliance with applicable federal, state, and local laws or regulations relating to environmental protection or (b) Seller's failure to possess all required Environmental Permits; such fine or assessment shall be payable to any agency enforcing compliance with such laws and regulations or payable to the Purchaser if the Purchaser has previously paid such fines or assessments.
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Samples: Asset Purchase Agreement (Nord Resources Corp), Asset Purchase Agreement (Nord Resources Corp)
Environmental Fines. Seller shall upon demand, promptly (but not ------------------- before due) pay all fines and assessments that Seller is not disputing in good faith and by appropriate proceedings, and that are attributable to (a) Seller's operation of Equipment which was not in compliance with applicable federal, state, and local laws or regulations relating to environmental protection or (b) Seller's failure to possess all required Environmental Permits; such fine or assessment shall be payable to any agency enforcing compliance with such laws and regulations or payable to the Purchaser if should the Purchaser has previously paid be required to pay such fines fine or assessmentsassessment.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Mohawk Industries Inc), Asset Purchase Agreement (Maxim Group Inc /)
Environmental Fines. Seller shall upon demand, promptly (but not before due) pay all fines and assessments that Seller is not disputing in good faith and by appropriate proceedings, and that are attributable to (a) Seller's operation of Equipment which was not in compliance with applicable federal, state, and local laws or regulations relating to environmental protection or (b) Seller's failure to possess all required Environmental Permits; such fine or assessment shall be payable to any agency enforcing compliance with such laws and regulations or payable to the Purchaser if should the Purchaser has previously paid be required to pay such fines fine or assessmentsassessment.
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