Common use of Environmental Health and Safety Clause in Contracts

Environmental Health and Safety. (a) Each of CRG and the Subsidiaries has complied in all material respects with, and is currently in material compliance with all Environmental, Health and Safety Laws, and, to CRG's Knowledge, 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 sentences, each of CRG and the Subsidiaries has obtained and 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 limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Health and Safety Laws. For purposes hereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 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, and charges thereunder) of 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, or toxic 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, or toxic 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) Each of CRG and the Subsidiaries The Company has materially complied in all material respects with, and is currently in material compliance with all Environmental, Health and Safety Laws, andand 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 CRG's Knowledgethe knowledge of NEC USA or the Company, no 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, except for violations or liens that would not have a Material Adverse Effect. Without limiting the generality of the preceding sentencessentence, each of CRG and the Subsidiaries Company has obtained and been is 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 hereofof 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 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 statutes, rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings, rulings and charges thereunder) of federal, state, local, and foreign governments governmental authorities (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 materials, substances 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 materials, substances 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) Each Except for matters reflected on Schedule 7.10(a), (i) each member of CRG and the Subsidiaries has complied Business Group is in all material respects with, and is currently in material compliance with all applicable Environmental, Health and Safety Laws, (ii) no member of the Business Group has been notified or advised during the xxxx Xxxxxx has directly or indirectly owned an investment in the Assets or the Business that any other member of the Business Group’s properties and operations are not in compliance with all applicable Environmental, Health and Safety Laws, (iii) no event has occurred and no circumstance or condition exists, that could reasonably be expected to constitute or result in a violation by any member of the Business Group of, or a failure on the part of any member of the Business Group to comply with, the terms of any applicable Environmental, Health and Safety Laws, (iv) no member of the Business Group nor its properties or operations are subject to any existing or, to the best of Seller’s knowledge, threatened Action by or before any Governmental Authority under any applicable Environmental, Health and Safety Laws, and, to CRG's Knowledgethe best of Seller’s knowledge, no actionBasis exist for any such Action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been threatened, filed or commenced against it alleging (v) no Authorizations required to be obtained by any failure so to comply, alleging any liability member of the Business Group under any applicable Environmental, Health and Safety Laws or requesting any investigation related thereto. No condition exists or event has occurred which, in connection with or without notice the Business or the passage Assets have not been obtained or applied for or are not valid and currently in full force and effect except to the extent of timethose for which filings are currently pending and there is no reason that any Authorization for which application has been made will not be issued, would constitute a (vi) there has been no Release of any Hazardous Materials in violation of or give rise to a lien under any applicable Environmental, Health and Safety Laws, except for violations or liens that would not have a Material Adverse Effect. Without limiting the generality Laws by any member of the preceding sentencesBusiness Group in connection with the Business or the Assets, and (vii) each member of CRG and the Subsidiaries Business Group has obtained and been in compliance maintained in all material respects, respects environmental records in the manner and is currently in compliance in all material respects, with all of for the terms and conditions of all permits, licenses and other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Health and Safety Laws. For purposes hereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 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, and charges thereunder) of 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, or toxic 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, or toxic 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 time periods required 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 applicable Environmental, Health and Safety Laws. (b) All internal and external environmental audits and studies and all correspondence on environmental matters prepared during the last fifteen (15) years by or for Seller or any member of the Business Group that relate to any of the Assets or the Business and that are in the possession of Seller or its Affiliates have been furnished to Buyer. (c) Except for matters reflected on Schedule 7.10(c), no Authorization required to be obtained by Seller or any member of the Business Group under clause (v) of Section 7.10(a) and held by Seller or any member of the Business Group could reasonably be expected to be revoked, modified or suspended under any Applicable Law.

Environmental Health and Safety. (a) Each To the best knowledge of CRG the Company and the Subsidiaries Members, the Company and its predecessors and affiliates has complied in all material respects with, and is currently in compliance in all material compliance respects with all Environmental, Health and Safety Laws, and, to CRG's Knowledge, and 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 sentences, each to the best knowledge of CRG the Company and the Subsidiaries Members, the Company, and its predecessor and affiliates, has obtained and been in compliance in all material respectscompliance, and is currently in compliance compliance, in all material respects, with all of the terms and conditions of all permits, licenses and other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Environmental Health and Safety Laws. For purposes hereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 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, and charges thereunder) of 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, or toxic 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, or toxic 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 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 Company to any imposition of penalties, fines, orders, decrees, licenses, permits, judgments, costs or liability under any Environmental, Health and 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) Each of CRG and the Subsidiaries Seller has complied in all material respects with, and is currently in material compliance with all Environmental, Health and Safety Laws, and, to CRGSeller's Knowledgeknowledge, 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 sentences, each of CRG and the Subsidiaries Seller has obtained and 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 limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Environmental Health and Safety Laws. For purposes hereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 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, and charges thereunder) of 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, or toxic 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, or toxic materials or wastes. For purposes hereof, "Extremely Hazardous Substance" means such term as set forth in ss.302 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 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 Seller 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) Each of CRG and the Subsidiaries Seller has complied in all material respects with, and is currently in material compliance with all Environmental, Health and Safety Laws, and, to CRGSeller's Knowledgeknowledge, 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 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 sentences, each of CRG and the Subsidiaries Seller has obtained and 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 limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables which are contained in, all Environmental, Health and Safety Laws. For purposes hereof, "Environmental, Health and Safety Laws" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 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, and charges thereunder) of 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, or toxic 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, or toxic 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.,