Common use of Environmental Health and Safety Clause in Contracts

Environmental Health and Safety. (a) The Company has materially complied with all Environmental, Health and Safety Laws, and no action, suit, proceeding, hearing, demand or notice has been filed or commenced against it, nor to the knowledge of NEC USA or the Company, any investigation, charge or complaint filed or commenced against it, alleging any failure to comply or, to the knowledge of NEC USA or the Company, is any such action, suit, proceeding, hearing, investigation, charge, complaint, demand or notice threatened. Without limiting the generality of the preceding sentence, the Company has obtained and is in compliance with all of the terms and conditions of all permits, licenses and other authorizations which are required under, and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Health and Safety Laws, except where the failure to obtain or be in compliance with the terms and conditions of any of the foregoing would not reasonably be expected to have a material adverse effect on the business or operations of the Company. To the knowledge of NEC USA and the Company (i) no hazardous or toxic substance has been released and there are no threatened releases of any hazardous or toxic substance from the Company's facilities as a result of the operation of the Company's business that constitutes the material violation of any Environmental, Health and Safety Laws, and (ii) there are no pollutants, hazardous or toxic substances or conditions relating to pollutants, hazardous or toxic substances at the Company's facilities which presently require investigation, remediation, assessment, cleanup, removal or other response action under any Environmental, Health and Safety Laws. (b) For purposes of this Agreement, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Oil Pollution Act and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings and charges thereunder) of governmental authorities (and all agencies thereof) concerning pollution or protection of the environment, public health and safety, or employee health and safety, including laws relating to emissions, discharges, releases, or threatened releases of pollutants, contaminants, or chemical, industrial, hazardous or toxic materials, substances or wastes into ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or chemical, industrial, hazardous or toxic materials, substances or wastes.

Environmental Health and Safety. (a) The Company Seller has materially complied in all material respects with, and is currently in compliance with all Environmental, Health and Safety Laws, and no action, suit, proceeding, hearing, demand or notice has been filed or commenced against it, nor to the knowledge of NEC USA or the Company, any investigation, charge or complaint filed or commenced against it, alleging any failure to comply orand, to the knowledge of NEC USA or the CompanySeller's knowledge, is any such no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been threatened, filed or commenced against it alleging any failure so to comply, alleging any liability under any Environmental, Health and Safety Laws or requesting any investigation related thereto. To Seller's knowledge, no condition exists or event has occurred which, with or without notice or the passage of time, would constitute a violation of or give rise to a lien under any Environmental, Health and Safety Laws, except for violations or liens that would not have a Material Adverse Effect. Without limiting the generality of the preceding sentencesentences, the Company Seller has obtained and is been in compliance in all material respects, and is currently in compliance in all material respects, with all of the terms and conditions of all permits, licenses and other authorizations which are required under, and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Health and Safety Laws, except where the failure to obtain or be in compliance with the terms and conditions of any of the foregoing would not reasonably be expected to have a material adverse effect on the business or operations of the Company. To the knowledge of NEC USA and the Company (i) no hazardous or toxic substance has been released and there are no threatened releases of any hazardous or toxic substance from the Company's facilities as a result of the operation of the Company's business that constitutes the material violation of any Environmental, Health and Safety Laws, and (ii) there are no pollutants, hazardous or toxic substances or conditions relating to pollutants, hazardous or toxic substances at the Company's facilities which presently require investigation, remediation, assessment, cleanup, removal or other response action under any Environmental, Health and Safety Laws. (b) For purposes of this Agreementhereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Oil Pollution Act 1976 and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including statutes, rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings rulings, and charges thereunder) of governmental authorities federal, state, local, and foreign governments (and all agencies thereof) relating to fines, injunctions, penalties, damages, liability, contribution, cost recovery, compensation for losses or injuries concerning pollution or protection of the environment, natural resources, public health and safety, or employee health and safety, or the protection of human, plant or animal welfare or health, including laws relating to use, emissions, discharges, releases, or threatened releases of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes into or onto ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or chemical, industrial, hazardous or toxic materials, substances or wastes.,

Environmental Health and Safety. (a) The Company Each of CRG and the Subsidiaries has materially complied in all material respects with, and is currently in material compliance with all Environmental, Health and Safety Laws, and no action, suit, proceeding, hearing, demand or notice has been filed or commenced against it, nor to the knowledge of NEC USA or the Company, any investigation, charge or complaint filed or commenced against it, alleging any failure to comply orand, to the knowledge of NEC USA or the CompanyCRG's Knowledge, is any such no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been threatened, filed or commenced against it alleging any failure so to comply, alleging any liability under any Environmental, Health and Safety Laws or requesting any investigation related thereto. No condition exists or event has occurred which, with or without notice or the passage of time, would constitute a violation of or give rise to a lien under any Environmental, Health and Safety Laws, except for violations or liens that would not have a Material Adverse Effect. Without limiting the generality of the preceding sentencesentences, each of CRG and the Company Subsidiaries has obtained and is been in compliance in all material respects, and is currently in compliance in all material respects, with all of the terms and conditions of all permits, licenses and other authorizations which are required under, and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Health and Safety Laws, except where the failure to obtain or be in compliance with the terms and conditions of any of the foregoing would not reasonably be expected to have a material adverse effect on the business or operations of the Company. To the knowledge of NEC USA and the Company (i) no hazardous or toxic substance has been released and there are no threatened releases of any hazardous or toxic substance from the Company's facilities as a result of the operation of the Company's business that constitutes the material violation of any Environmental, Health and Safety Laws, and (ii) there are no pollutants, hazardous or toxic substances or conditions relating to pollutants, hazardous or toxic substances at the Company's facilities which presently require investigation, remediation, assessment, cleanup, removal or other response action under any Environmental, Health and Safety Laws. (b) For purposes of this Agreementhereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Oil Pollution Act 1976 and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including statutes, rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings rulings, and charges thereunder) of governmental authorities federal, state, local, and foreign governments (and all agencies thereof) relating to fines, injunctions, penalties, damages, liability, contribution, cost recovery, compensation for losses or injuries concerning pollution or protection of the environment, natural resources, public health and safety, or employee health and safety, or the protection of human, plant or animal welfare or health, including laws relating to use, emissions, discharges, releases, or threatened releases of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes into or onto ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes. For purposes hereof, "Extremely Hazardous Substance" means such term as set forth in ss.302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended. For purposes hereof, "Hazardous Materials" means any dangerous, toxic or hazardous pollutant, contaminant, chemical, waste, material or substance as defined in, regulated by or governed by any Environmental, Health and Safety Laws, federal, state, local or foreign law, statute, code, ordinance, regulation, rule or other requirement relating to such substance or otherwise relating to the environment or human health or safety, including without limitation any waste, material, substance, pollutant or contaminant that might cause any injury to human health or safety or to the environment or might subject any of CRG or the Subsidiaries to any imposition of penalties, fines, orders, decrees, licenses, permits, judgments, costs or liability under any Environmental, Health and Safety Laws.

Environmental Health and Safety. (a) The To the best knowledge of the Company and the Members, the Company and its predecessors and affiliates has materially complied with, and is currently in compliance in all material respects with all Environmental, Health and Safety Laws, and no action, suit, proceeding, hearing, demand or notice has been filed or commenced against it, nor to the knowledge of NEC USA or the Company, any investigation, charge or complaint filed or commenced against it, alleging any failure to comply or, to the knowledge of NEC USA or the Company, is any such action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been threatened, filed or commenced against it alleging any failure so to comply, alleging any liability under any Environmental, Health and Safety Laws or requesting any investigation related thereto. No condition exists or event has occurred which, with or without notice or the passage of time, would constitute a violation of or give rise to a lien under any Environmental, Health and Safety Laws. Without limiting the generality of the preceding sentencesentences, to the best knowledge of the Company and the Members, the Company Company, and its predecessor and affiliates, has obtained and been in compliance, and is currently in compliance compliance, in all material respects, with all of the terms and conditions of all permits, licenses and other authorizations which are required under, and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Environmental Health and Safety Laws, except where the failure to obtain or be in compliance with the terms and conditions of any of the foregoing would not reasonably be expected to have a material adverse effect on the business or operations of the Company. To the knowledge of NEC USA and the Company (i) no hazardous or toxic substance has been released and there are no threatened releases of any hazardous or toxic substance from the Company's facilities as a result of the operation of the Company's business that constitutes the material violation of any Environmental, Health and Safety Laws, and (ii) there are no pollutants, hazardous or toxic substances or conditions relating to pollutants, hazardous or toxic substances at the Company's facilities which presently require investigation, remediation, assessment, cleanup, removal or other response action under any Environmental, Health and Safety Laws. (b) For purposes of this Agreementhereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Oil Pollution Act 1976 and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including statutes, rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings rulings, and charges thereunder) of governmental authorities federal, state, local, and foreign governments (and all agencies thereof) relating to fines, injunctions, penalties, damages, liability, contribution, cost recovery, compensation losses or injuries concerning pollution or protection of the environment, natural resources, public health and safety, or employee health and safety, or the protection of human, plant or animal welfare or health, including laws relating to use, emissions, discharges, releases, or threatened releases of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes into or onto ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes. For purposes hereof, "Extremely Hazardous Substance" means such term as set forth in ss.302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended. For purposes hereof, "Hazardous Materials" means any dangerous, toxic or hazardous pollutant, contaminant, chemical, waste, material or substance as defined in, regulated by or governed by any Environmental, Health, and Safety Laws, federal, state, local or foreign law, statute, code, ordinance, regulation, rule or other requirement relating to such substance or otherwise relating to the environment or human health or safety, including without limitation any waste, material, substance, pollutant or contaminant that might cause any injury to human health or safety or to the environment or might subject the Company to any imposition of penalties, fines, orders, decrees, licenses, permits, judgments, costs or liability under any Environmental, Health or Safety Laws. (b) To the Company's knowledge, all properties and equipment used in the Business of the Company, its predecessors and affiliates, have been free of asbestos, PCB's, methylene chloride, trichlorethylene, 1, 2 - trans-dichloroethylene, dioxins, dibenzofurans and other hazardous substances.

Environmental Health and Safety. (a) The Company Seller has materially complied in all material respects with, and is currently in compliance with all Environmental, Health and Safety Laws, and no action, suit, proceeding, hearing, demand or notice has been filed or commenced against it, nor to the knowledge of NEC USA or the Company, any investigation, charge or complaint filed or commenced against it, alleging any failure to comply orand, to the knowledge of NEC USA or the CompanySeller's knowledge, is any such no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been threatened, filed or commenced against it alleging any failure so to comply, alleging any liability under any Environmental, Health and Safety Laws or requesting any investigation related thereto. No condition exists or event has occurred which, with or without notice or the passage of time, would constitute a violation of or give rise to a lien under any Environmental, Health and Safety Laws, except for violations or liens that would not have a Material Adverse Effect. Without limiting the generality of the preceding sentencesentences, the Company Seller has obtained and is been in compliance in all material respects, and is currently in compliance in all material respects, with all of the terms and conditions of all permits, licenses and other authorizations which are required under, and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Environmental Health and Safety Laws, except where the failure to obtain or be in compliance with the terms and conditions of any of the foregoing would not reasonably be expected to have a material adverse effect on the business or operations of the Company. To the knowledge of NEC USA and the Company (i) no hazardous or toxic substance has been released and there are no threatened releases of any hazardous or toxic substance from the Company's facilities as a result of the operation of the Company's business that constitutes the material violation of any Environmental, Health and Safety Laws, and (ii) there are no pollutants, hazardous or toxic substances or conditions relating to pollutants, hazardous or toxic substances at the Company's facilities which presently require investigation, remediation, assessment, cleanup, removal or other response action under any Environmental, Health and Safety Laws. (b) For purposes of this Agreementhereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Oil Pollution Act 1976 and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including statutes, rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings rulings, and charges thereunder) of governmental authorities federal, state, local, and foreign governments (and all agencies thereof) relating to fines, injunctions, penalties, damages, liability, contribution, cost recovery, compensation losses or injuries concerning pollution or protection of the environment, natural resources, public health and safety, or employee health and safety, or the protection of human, plant or animal welfare or health, including laws relating to use, emissions, discharges, releases, or threatened releases of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes into or onto ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of Hazardous Materials, Extremely Hazardous Substances, pollutants, contaminants, or chemical, industrial, hazardous hazardous, or toxic materials, substances materials or wastes.. For purposes hereof, "Extremely Hazardous Substance" means such term as set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended. For purposes hereof, "Hazardous Materials" means any dangerous, toxic or hazardous pollutant, contaminant, chemical, waste, material or substance as defined in, regulated by or governed by any Environmental, Health, and Safety Laws, federal, state, local or foreign law, statute, code, ordinance, regulation, rule or other requirement relating to such substance or otherwise relating to the environment or human health or safety, including without limitation any waste, material, substance, pollutant or contaminant that might cause any injury to human health or safety or to the environment or might subject the Seller to any imposition of penalties, fines, orders,