Common use of Environmental Health and Safety Clause in Contracts

Environmental Health and Safety. (a) At all times prior to the Closing, the Division has complied and at Closing will be in compliance, in all material respects, with all Environmental and Safety Requirements, and Seller has not received any notice, report, or information (including information that litigation, investigation or administrative or other proceedings of any kind are pending or threatened) regarding any liabilities (whether accrued, absolute, contingent, unliquidated, or otherwise), or any corrective, investigatory, or remedial obligations, arising under Environmental and Safety Requirements relating to the Division or the occupation or use of any of the Assets. For the purposes of this Agreement, "Environmental and Safety Requirements" means all present governmental requirements relating to the discharge or release of air pollutants, water pollutants, process waste water, petroleum products or hazardous substances, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Occupational Safety and Health Act of 1970, as amended, the Federal Water Pollution Control Act, as amended, the Federal Resource Conservation and Recovery Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, the Federal Clean Air Act, as amended, the Superfund Amendments and Reauthorization Act, as amended, and any and all other comparable state or local laws relating to public health and safety or work health and safety.

Environmental Health and Safety. (a) At To the knowledge of PHMD, except as set forth in Schedule 5.19(b), at all times prior to the Closing, the Division PHMD has complied in all material respects, and at Closing will be in compliance, in all material respects, with all Environmental and Safety RequirementsRequirements applicable to the Division’s business, PHMD’s use and occupancy of any real property and/or PHMD’s ownership and use of the Acquired Assets, and Seller PHMD has not received any notice, report, or information (including information that litigation, investigation or administrative or other proceedings action of any kind are pending or threatened) regarding any liabilities (whether accrued, absolute, contingent, unliquidated, or otherwise), or any corrective, investigatory, or remedial obligations, arising under Environmental and Safety Requirements relating to the Division Division’s business or the occupation or PHMD’s ownership and/or use of any of the Acquired Assets. For the purposes of this Agreement, "“Environmental and Safety Requirements" ” means all present requirements of any applicable governmental requirements authority relating to the discharge or release of air pollutants, water pollutants, or process waste water, water or petroleum products or hazardous substancesotherwise relating to health, safety, the environment or Hazardous Substances (as defined below), including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Occupational Safety and Health Act of 1970, as amended, the Federal Water Pollution Control Act, as amended, the Federal Resource Conservation and Recovery Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, the Federal Clean Air Act, as amended, the Superfund Amendments and Reauthorization Act, as amended, and any and all other comparable state or local laws relating to public health and safety or work health and safety.

Environmental Health and Safety. (a) At all times prior to the Closing, Seller and its Affiliates, with respect to the Division has complied Business, have complied, and at Closing will be in compliance, in all material respects, with all Environmental and Safety Requirements, and Seller has and its Affiliates, with respect to the Business, have not received any notice, report, or information (including information that litigation, investigation or administrative or other proceedings Action of any kind are pending or threatened) regarding any liabilities (whether accrued, absolute, contingent, unliquidated, or otherwise), or any corrective, investigatory, or remedial obligations, arising under Environmental and Safety Requirements relating to the Division Business or the occupation or use of any of the Assets. There are no complaints, charges, compliance reviews, audits or citations threatened or pending under the Environmental and Safety Requirements against Seller with respect to the Business. For the purposes of this Agreement, "“Environmental and Safety Requirements" ” means all present governmental requirements and all contractual obligations of Seller relating to the discharge or release of air pollutants, water pollutants, or process waste water, water or petroleum products or otherwise relating to health, safety, the environment or hazardous substances, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Occupational Safety and Health Act of 1970, as amended, the Federal Water Pollution Control Act, as amended, the Federal Resource Conservation and Recovery Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, the Federal Clean Air Act, as amended, the Superfund Amendments and Reauthorization Act, as amended, and any and all other comparable state or local laws relating to public health and safety or work health and safety.

Environmental Health and Safety. (a) At all times prior to the Closing, the Division Seller has complied and at Closing will be in compliance, in all material respects, with all Environmental and Safety Requirements, and Seller has not received any no notice, report, or information (including information that litigation, investigation or administrative or other proceedings of any kind are pending or threatened) regarding any liabilities (whether accrued, absolute, contingent, unliquidated, or otherwise), or any corrective, investigatory, or remedial obligations, arising under Environmental and Safety Requirements relating to the Division Business or the occupation or use of any of the Assets. For the purposes of this Agreement, "Environmental and Safety Requirements" means all present governmental requirements and all contractual obligations of Seller relating to the discharge or release of air pollutants, water pollutants, or process waste water, water or petroleum products or otherwise relating to health, safety, the environmental or hazardous substances, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Occupational Safety and Health Act of 1970, as amended, the Federal Water Pollution Control Act, as amended, the Federal Resource Conservation and Recovery Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, the Federal Clean Air Act, as amended, the Superfund Amendments and Reauthorization Act, as amended, and any and all other comparable state or local laws relating to public health and safety or work health and safety.