Environmental Hazards. Each Party will be solely responsible at it own expense for the proper handling, storage, transport, treatment, disposal and use of all Hazardous Substances by such Party and its contractors and agents. “Hazardous Substances” includes those substances (i) included within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste or pollutant or contaminant under any Applicable Law and (ii) listed by any governmental agency as a hazardous substance.
Environmental Hazards. (a) Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an "O&M Program") or matters described in Section 18(b), Borrower shall not cause or permit any of the following:
(1) the presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials on or under the Mortgaged Property or any other property of Borrower that is adjacent to the Mortgaged Property;
(2) the transportation of any Hazardous Materials to, from, or across the Mortgaged Property;
(3) any occurrence or condition on the Mortgaged Property or any other property of Borrower that is adjacent to the Mortgaged Property, which occurrence or condition is or may be in violation of Hazardous Materials Laws; or
(4) any violation of or noncompliance with the terms of any Environmental Permit with respect to the Mortgaged Property or any property of Borrower that is adjacent to the Mortgaged Property. The matters described in clauses (1) through (4) above are referred to collectively in this Section 18 as "Prohibited Activities or Conditions".
(b) Prohibited Activities and Conditions shall not include the safe and lawful use and storage of quantities of (1) pre-packaged supplies, cleaning materials and petroleum products customarily used in the operation and maintenance of comparable multifamily properties, (2) cleaning materials, personal grooming items and other items sold in pre-packaged containers for consumer use and used by tenants and occupants of residential dwelling units in the Mortgaged Property; and (3) petroleum products used in the operation and maintenance of motor vehicles from time to time located on the Mortgaged Property's parking areas, so long as all of the foregoing are used, stored, handled, transported and disposed of in compliance with Hazardous Materials Laws.
(c) Borrower shall take all commercially reasonable actions (including the inclusion of appropriate provisions in any Leases executed after the date of this Instrument) to prevent its employees, agents, and contractors, and all tenants and other occupants from causing or permitting any Prohibited Activities or Conditions. Borrower shall not lease or allow the sublease or use of all or any portion of the Mortgaged Property to any tenant or subtenant for nonresidential use by any user that, in the ordinary course of its business, would cause or permit a...
Environmental Hazards. Buyer shall have notified Seller of material environmental hazards or the material possibility of environmental damages or clean-up costs, as indicated in the environmental study described in Section 6.5, within 30 days prior to the Closing Date, and the cause thereof shall not have been remedied prior to the Closing Date.
Environmental Hazards. 11.1 Joint Trencher represents and warrants that its use of CPS Energy’s trenches will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches or transport to CPS Energy’s trenches any Hazardous Substances, and that the facilities of Joint Trencher will not constitute or contain and will not generate any Hazardous Substance in violation of federal, state, or local law now or hereafter in effect, including any amendments.
11.2 Joint Trencher further represents and warrants that in the event of breakage, leakage, incineration, or other disaster, Joint Trencher’s facilities will not release such Hazardous Substances. Joint Trencher, and its agents, contractors, and subcontractors, shall defend, indemnify and hold harmless CPS Energy and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage, or discovery of any Hazardous Substances on, under or adjacent to CPS Energy’s trenches attributable to Joint Trencher‘s use of CPS Energy’s trenches.
11.3 Should CPS Energy’s trenches be declared to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities shall share proportionately in the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, provided, however, if the source or presence of the Hazardous Substance is solely attributable to any particular parties, such costs shall be borne solely by those parties.
Environmental Hazards. The Lessor hereby represents and warrants that no leak, spill, release, discharge, emission or disposal of hazardous or toxic substances has occurred on the leased premise to date and that the soil and groundwater on or under the leased premise are free of toxic or hazardous substances as of the date that the term of this lease commences. The Lessor represents and warrants that the leased premise shall be free of all asbestos containing materials, except undamaged vinyl asbestos floor tile in the premise or undamaged boiler or pipe insulation outside the leased premise. Radon levels in the leased premise shall not equal or exceed the Environmental Protection Agency (EPA) action level for homes or 4 Pico curies per liter (PCI/L). If, at any time, the Lessee determines that the leased premise poses a significant environmental hazard to its employees, this lease may be terminated, without incurring liability, with a minimum of 10 days’ written notice.
Environmental Hazards. Borrower covenants and agrees that Borrower shall not: (a) cause or permit the presence, use, generation, manufacture, production, processing, installation, release, discharge, storage (including aboveground and underground storage tanks for petroleum or petroleum products), treatment, handling, or disposal of any Hazardous Materials (as defined below) (excluding the safe and lawful use and storage of quantities of Hazardous Materials customarily used in the operation and maintenance of normal household purposes) on or under the Property, or in any way affecting the Property or its value, or which may form the basis for any present or future demand, claim or liability relating to contamination, exposure, cleanup or other remediation of the Property or; (b) cause or permit the transportation to, from or across the Property of any Hazardous Material (excluding the safe and lawful use and storage of quantities of Hazardous Materials customarily used for normal household purposes); or (c)cause or exacerbate any occurrence or condition on the Property that is or may be in violation of Hazardous Materials Law (as defined below). The matters described in (a), (b) and (c) above are referred to collectively below as Prohibited Activities or Conditions. Borrower represents and warrants that it has not at any time caused or permitted any Prohibited Activities or Conditions and no Prohibited Activities or Conditions exist or have existed on or under the Property. Borrower shall take all appropriate steps (including but not limited to appropriate lease provisions) to prevent its employees, agents, and contractors, and all tenants and other occupants on the Property, from causing, permitting or exacerbating any Prohibited Activities or Conditions. If Borrower has disclosed that Prohibited Activities or Conditions exist on the Property, Borrower shall comply in a timely manner with, and cause all employees, agents, and contractors of Borrower and any other persons present on the Property to so comply with, (1) any program of operations and maintenance ("O&M Program") relating to the Property that is acceptable to Lender with respect to one or more Hazardous Materials (which O&M Program may be set forth in an agreement of Borrower (an "O&M Agreement")) and all other obligations set forth in any O&M Agreement, and (2) all Hazardous Materials Laws. Any O&M Program shall be performed by qualified personnel. All costs and expenses of the O&M Program shall be paid by Borrower,...
Environmental Hazards. In addition to the activities and conditions listed in Section 18(b), “Prohibited Activities or Conditions” shall not include the presence at the Mortgaged Property of medical products or devices or medical waste, so long as all of the foregoing are used, stored, handled, transported and disposed of in compliance with Hazardous Materials Laws.
Environmental Hazards. Except for such Hazardous Matter as is typically used in connection with the operation of the Premises for the purposes permitted under this Lease, which Hazardous Matter shall be used, stored, handled and disposed of in accordance with all Environmental Requirements (as hereinafter defined), Sublessee and Sublessee’s Agents, shall not use, maintain, generate, allow or bring on the Premises or Common Facilities or transport or dispose of, on or from the Premises or Common Facilities (whether into the ground, into any sewer or septic system, into the air, by removal off-site or otherwise) any Hazardous Matter (as hereinafter defined). Sublessee shall promptly deliver to Sublessor copies of any notice, orders or other communications received from any governmental agency or official affecting the Premises and concerning alleged violations of the Environmental Requirements. Sublessee shall save the Sublessor Indemnified Parties harmless and indemnified from and against any and all Environmental Damages (hereinafter defined) which the Sublessor Indemnified Parties may sustain or be put to on account of: (1) the introduction of or release by Sublessee or Sublessee’s Agents of any Hazardous Matter upon, in or from the Premises from and after the Rent Commencement Date during the Base Term or Extension Term, if any, that corresponds with any period when Sublessee, or Sublessee’s Agents are occupying the Premises or any part thereof as a result of the action or inaction of Sublessee or Sublessee’s Agents in violation of Environmental Requirements; (2) the activities or other action or inaction of Sublessee or Sublessee’s Agents in violation of Environmental Requirements; and (3) an Event of Default resulting from the breach of any of Sublessee’s obligations under this Article 32. Sublessee’s indemnification of the Sublessor Indemnified Parties under this Article 32 shall survive the expiration or termination of this Lease. Sublessor shall save the Sublessee Indemnified Parties harmless and indemnified from and against any and all Environmental Damages (hereinafter defined) which the Sublessee Indemnified Parties may sustain or be put to on account of: (1) the existence of any Hazardous Matters in, on or under the Building or the Lot prior to the Rent Commencement Date; (2) the introduction of or release by Sublessor or any other Sublessor Indemnified Party of any Hazardous Matter upon, in or from the Building or the Lot as a result of the action or inaction of Subl...
Environmental Hazards. Attaching Utility represents and warrants that its use of Owner Utility's Poles will not generate any hazardous substances, that it will not store or dispose on or about Owner Utility's Poles or transport to Owner Utility's Poles any hazardous substances and that Attaching Utility's Facilities will not constitute or contain and will not generate any hazardous substance in violation of any law now or hereafter in effect including any amendments. "Hazardous substance" shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any laws, regulations or rules now or hereafter in effect including any amendments. Attaching Utility further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Facilities would not release such hazardous wastes or substances. Attaching Utility, and its agents, contractors and subcontractors, shall defend, indemnify and hold harmless Owner Utility and Electric Utility and their respective officials, officers, board members, representatives, employees, agents, and contractors against any all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any such hazardous wastes or hazardous substances on, under or adjacent to Owner Utility's Poles attributable to Attaching Utility's use of Owner Utility's Poles.
Environmental Hazards. Licensee represents and warrants that its use of CPS Energy’s Poles will not generate Hazardous Substances, that it will not store or dispose of Hazardous Substances on or about CPS Energy’s Poles, that it will not transport to CPS Energy’s Poles any Hazardous Substances, and that Licensee’s Communications Facilities do not constitute or contain and will not generate any Hazardous Substances, including any such activities in violation of federal, state, or local law now or hereafter in effect, including any amendments. The term "Hazardous Substance" shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state, or local laws, regulations, or rules now or hereafter in effect, including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration, or other disaster, its Communications Facilities will not release such Hazardous Substances.
