Environmental Laws; Hazardous Substances. Except as would not, individually or in the aggregate, have a Material Adverse Effect, each parcel of Real Property:
(i) is and has been operated by Seller in compliance with all applicable Environmental Laws;
(ii) is not the subject of any written notice received by Seller from any governmental authority or other Person alleging the violation of or liability under, any applicable Environmental Laws;
(iii) to Seller’s knowledge, is not currently subject to any court order, administrative order or decree arising under any Environmental Law;
(iv) has not been used by Seller or, to Seller’s knowledge, any other Person for the disposal of Hazardous Substances and, to Seller’s knowledge, is not contaminated with any Hazardous Substances requiring remediation or response under any applicable Environmental Law;
(v) to Seller’s knowledge, with respect to any Hazardous Substances, the only use of any such Hazardous Substances has been in such amounts and types as is lawful under Environmental Law; and
(vi) to Seller’s knowledge, has not had any releases, emissions, or discharges of Hazardous Substances except as permitted under applicable Environmental Laws.
Environmental Laws; Hazardous Substances. Except as would not, individually or in the aggregate, have a Material Adverse Effect, each parcel of Real Property:
(i) is and has been operated by Seller in compliance with all applicable Environmental Laws;
(ii) is not the subject of any written notice from any governmental authority or other person alleging the violation of, or liability under, any applicable Environmental Laws;
(iii) is not currently subject to any court order, administrative order or decree arising under any Environmental Law;
(iv) to Seller’s knowledge, has not been used for the disposal of Hazardous Substances and is not contaminated with any Hazardous Substances requiring remediation or response under any applicable Environmental Law; and
(v) to Seller’s knowledge, has not had any releases, emissions, or discharges of Hazardous Substances except as permitted under applicable Environmental Laws.
Environmental Laws; Hazardous Substances. To Seller's knowledge, except as disclosed on Schedule 5.16, or as would not, individually or in the aggregate, have a Material Adverse Effect, each parcel of Real Property:
(a) has been operated by Seller in compliance with all applicable Environmental Laws;
(b) is not the subject of any pending written notice from any governmental authority alleging the violation of any applicable Environmental Laws;
(c) is not currently subject to any court order, administrative order or decree arising under any Environmental Law;
(d) has not been used during the period of Seller's ownership or occupancy of such Real Property for the disposal of Hazardous Substances and is not contaminated with any Hazardous Substances requiring remediation under any applicable Environmental Law; and
(e) has not, during the period of Seller's ownership or occupancy of such Real Property, had any release of Hazardous Substances except as permitted under applicable Environmental Laws.
Environmental Laws; Hazardous Substances. (a) Except as would not, individually or in the aggregate, have a Material Adverse Effect with respect to Seller, to Seller’s knowledge each parcel of Real Property:
(i) is and has been operated by Seller in compliance with all applicable Environmental Laws;
(ii) is not currently subject to any court order, administrative order or decree arising under any Environmental Law;
(iii) has not been used for the disposal of Hazardous Substances and is not contaminated with any Hazardous Substances requiring remediation or response under any applicable Environmental Law; and
(iv) has not had any releases, emissions, or discharges of Hazardous Substances except as permitted under applicable Environmental Laws.
(b) Seller has not received any written notice from any governmental authority or other person alleging the violation of, or liability under, any applicable Environmental Laws.
(c) Seller has made available to Purchaser correct and complete copies of all existing Phase I, Phase II and other environmental assessments, reviews, audits and similar reports and all material written information pertaining to actual or potential liabilities arising under Environmental Laws at the Branches.
(d) To Seller’s knowledge based solely on that certain Operations and Maintenance Plan prepared by ECS Ltd dated May 6, 2008, there is no asbestos containing material (“ACM”) present on the Owned Real Property except non-friable ACM which can be managed in place in compliance with Environmental Laws without air monitoring, removal or encapsulation.
Environmental Laws; Hazardous Substances. (a) Seller’s operation of the Assets, the Branches and the Leased Real Property is, and at all times has been, in compliance in all material respects with all applicable Environmental Laws.
(b) Neither Seller, the Assets or any of the Branches or the Leased Real Property is the subject of any written notice received by Seller or any of its Affiliates from any Governmental Authority or any other Person alleging any violation of or non-compliance with, or any liability under, any applicable Environmental Laws.
(c) Neither Seller, the Assets or any of the Branches or the Leased Real Property is subject to any claim, any judicial, governmental or administrative order, action, proceeding or decree or any request or demand for information arising, issued or asserted under any Environmental Law.
(d) Neither Seller nor, to Seller’s knowledge, any other Person has disposed of any Hazardous Substances on, at or under the Leased Real Property and, to Seller’s knowledge, none of the Leased Real Property is contaminated with any Hazardous Substances requiring any remediation, notification, disclosure or response under any applicable Environmental Law.
(e) Seller’s use, handling and storage of Hazardous Substances in the Branches or at the Leased Real Property has at all times been (i) in such amounts and types consistent with the operation of a bank branch, and (ii) in accordance with the requirements of applicable Environmental Law.
(f) Neither Seller nor any of its employees or, to Seller’s knowledge,, any of its subtenants, contractors, invitees or licensees has caused any release, emission or discharge of Hazardous Substances on, at, under or from any of the Leased Real Property except as permitted under applicable Environmental Laws.
Environmental Laws; Hazardous Substances. 2.18.1 As used in this Instrument, the term "Environmental Laws" shall mean all applicable federal, state and local laws, rules, regulations, ordinances and requirements relating to public health and safety, worker health and safety and pollution and protection of the environment, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976 ("RCRA" ), 42 U.S.C. § 6901 et seq., the Emergency Planning and Community Right-to-Know Act ("Right-to-Know Act"), 42 U.S.C. § 11001 et seq., the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq., the Federal Water Pollution Control Act ("Clean Water Act"), 33 U.S.C. § 1261 et seq., the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Occupational Safety and Health Act, 42 U.S.C. § 651 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, all as amended, and any regulations, rules, ordinances adopted or publications promulgated pursuant thereto. The term "Hazardous Substances" shall mean any pollutant or contaminant (as that term is defined in 42 U.S.C. § 9601(33)), toxic pollutant (as that term is defined in 33 U.S.C. § 1362(13)), hazardous substance (as that term is defined in 42 U.S.C. §§ 9601 et seq. and the regulations promulgated thereunder), hazardous chemical (as that term is defined by 29 C.F.R. § 1910.1200(c)), hazardous waste (as that term is defined in 42 U.S.C. § 6903(5)), radioactive material, including without limitation any naturally occurring radioactive material, any source, special nuclear or by-product material as defined in 42 U.S.C. §§ 2011 et seq., all substances now or hereafter designated as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code all substances now or hereafter designated by the Governor of the State of California pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 as being known to cause cancer or reproductive toxicity,] friable asbestos and asbestos containing material, regulated levels of polychlorinated biphenyls, petroleum and petroleum waste, including crude oil or any petroleum derived substance, waste or breakdown or decomposition product thereof, or any constituent of any such petroleum substance or waste, or any substance or materi...
Environmental Laws; Hazardous Substances. Except as disclosed on Schedule 5.13, each parcel of Real Property:
(i) is and has been operated by Seller in compliance with all applicable Environmental Laws;
(ii) is not the subject of any written notice from any governmental authority or other person alleging the violation of or liability under, any applicable Environmental Laws;
(iii) is not currently subject to any court order, administrative order or decree arising under any Environmental Law;
(iv) to Seller's knowledge, has not been used for the disposal of Hazardous Substances and does not contain any Hazardous Substances in violation of any applicable Environmental Law; and
(v) to Seller's knowledge, has not had any releases, emissions, or discharges of Hazardous Substances except as permitted under applicable Environmental Laws. For purposes of clauses (i) - (iii), with respect to the parcels which are subject to Branch Leases that are not associated with ground leases, such representation is made to the knowledge of Seller.
Environmental Laws; Hazardous Substances. The Parties shall, and the Project shall be designed, constructed, operated and maintained to, comply with all Environmental Laws, including with respect to any Hazardous Substances emanating from or arising out of the development, drilling, construction, maintenance or operation of the Project.
Environmental Laws; Hazardous Substances. To Seller's Knowledge,
(i) The Real Property is and has been operated by BOA in compliance in all material respects with all applicable Environmental Laws;
(ii) The Real Property is not the subject of any written notice received by BOA or Seller from any governmental authority or other Person alleging the material violation of or material liability under, any applicable Environmental Laws;
(iii) The Real Property is not currently subject to any court order, administrative order or decree arising under any Environmental Law;
(iv) The Real Property has not been used by BOA or Seller or any other Person for the disposal of Hazardous Substances, and no Hazardous Substances are present at, on or under the Real Property in a manner, amount or concentration requiring remediation or any other response action under any applicable Environmental Law;
(v) The only use of any Hazardous Substances at the Real Property has been in such amounts and types as is lawful under Environmental Law;
(vi) The Real Property has not had any releases, emissions, or discharges of Hazardous Substances except as permitted under applicable Environmental Laws; and
(vii) There are no (a) active or abandoned underground storage tanks, (b) gasoline or service stations, or (c) dry-cleaning facilities or operations at, on, in or under the Real Property.
Environmental Laws; Hazardous Substances. To Seller's knowledge, except as disclosed on Schedule 5.16, or as would not, individually or in the aggregate, have a Material Adverse Effect, each parcel of Real Property:
(a) has been operated by Seller in compliance with all applicable Environmental Laws;
(b) is not the subject of any pending written notice from any governmental authority alleging the violation of any applicable Environmental Laws;
(d) has not been used during the period of Seller's ownership or occupancy of such Real Property for the disposal of Hazardous Substances and is not contaminated with any Hazardous Substances requiring remediation under any applicable Environmental Law; and
(e) has not, during the period of Seller's ownership or occupancy of such Real Property, had any release of Hazardous Substances except as permitted under applicable Environmental Laws.
