ENVIRONMENTAL MATERIALS. Except as set forth in Schedule 3.14 to the knowledge of PSFC and Peoples Bank, the real property owned by PSFC associated with its two offices as well as other real property held as an asset and real property held as real estate owned ("Real Properties") are in material compliance with all Environmental Laws, as hereinafter defined, and there are no conditions existing currently which would subject PSFC to damages, penalties, injunctive relief or cleanup costs under any Environmental Laws or assertions thereof, or which require cleanup, removal, remedial action or other response pursuant to Environmental Laws by PSFC. Copies of all environmental studies, reports, notices and the like known to exist with regard to the Real Properties is contained at Schedule
ENVIRONMENTAL MATERIALS. 21.1 Tenant agrees to indemnify and save harmless Landlord, Landlord’s successors and assigns and Landlord’s present and future officers, directors, employees and agents, (collectively “Indemnitees”) from and against any and all liabilities, penalties, fines, forfeitures, demands, damages, losses, claims, causes of action, suits, judgments, and costs and expenses incidental thereto (including cost of defense, settlement, reasonable attorney’s fees, reasonable consultant’s fees and reasonable expert fees), which Landlord or any or all of the Indemnitees may hereafter suffer, incur, be responsible for or disburse as a result of:
(1) any governmental action, order, directive, administrative proceeding or ruling;
(2) personal or bodily injuries (including death) or damage (including loss of use) to any Premises (public or private);
(3) cleanup, remediation, investigation or monitoring of any pollution or contamination of or adverse effects on human health or the environment; or
(4) any violation or alleged violation of laws, statutes, ordinances, orders, rules or regulations of any governmental entity or agency (collectively “Environmental Liabilities”) directly or indirectly caused by or arising out of any Environmental Hazards existing on or about the Premises to the extent that any such existence is caused by Tenant’s activities on the Premises. The term “Environmental Hazards” shall be defined as hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum, or other fuels (including crude oil or any fraction or derivative thereof) and underground storage tanks. The term “hazardous substances” shall be as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601 et seq.) (CERCLA), and any regulations promulgated pursuant thereto. The term “hazardous wastes” shall be as defined in the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (RCRA), and any regulations promulgated pursuant thereto. The term “pollutants” shall be as defined in the Clean Water Act (33 U.S.C. Section 1251 et seq.), and any regulations promulgated pursuant thereto. This provision shall survive termination of the Lease.
21.2 Landlord agrees to indemnify and save harmless Tenant, Tenant’s successors and assigns and Tenant’s present and future officers, directors, employees and agents, (collectively “Indemnitees”) from and against any and all liabilities, penalties, fines, ...
ENVIRONMENTAL MATERIALS. Transferors have previously provided to Transferee a list of all reports, assessments, investigations or audits commissioned by Transferors or within Transferors' possession or control relating to the environmental condition of, or environmental issues concerning, the Property ("Transferors' Environmental Reports"). Transferors have heretofore delivered to Transferee correct and complete copies of the Transferors' Environmental Reports. Except as may be disclosed in Transferors' Environmental Reports, and to Transferors' knowledge, no Hazardous Material is or has been used, generated, manufactured, processed, treated, stored, transported, incinerated, released or disposed of in, on, under, to or from the Property, except in strict compliance with all applicable Environmental Laws. Except as may be disclosed in Transferors' Environmental Reports, and to Transferors' knowledge, no underground storage tank currently exists or has ever existed in, on or under the Property. Except as may be disclosed in Transferors' Environmental Reports, and to Transferors' knowledge, no asbestos containing material is present within or on the Property. Except as may be disclosed in Transferors' Environmental Reports and to Transferors' knowledge, no part of the Property has been used for landfill, dumping or other waste disposal activities or operations, excluding disposal of grass cuttings, landscape clippings, pruning debris, leaves, vegetation and similar matters. Transferors have not received notice, and Transferors have no knowledge, of any prior owner or occupant of the Property receiving, any citation, directive, demand, pleading, complaint, claim, inquiry, notice of potential responsibility, notice of violation, order, notice of investigation, or other written communication, actual or threatened, from any governmental authority, or any person or entity, regarding (a) the existence of any Hazardous Material in, on, under, or migrating to or from, the Property in excess of levels permissible under applicable Environmental Laws; or (b) the potential liability or responsibility of Transferors, or any past or present owner or occupant of the Property, under any Environmental Law.
ENVIRONMENTAL MATERIALS. 14 3.15 Insurance................................................................... 14 3.16
ENVIRONMENTAL MATERIALS. During the Term, Diversa shall provide to Celera ------------------------ for sequencing and annotation at least [***] unique sets of Materials chosen by the Joint Committee, each from a different environment or organism ("Biosphere Sequencing Program"). Diversa shall have negotiated ownership or license rights to all genes, pathways and biomolecules derived from the environmental samples provided as part of the Biosphere Sequencing Program sufficient to permit Celera to sequence the DNA from such Materials.
ENVIRONMENTAL MATERIALS. Attached as Exhibit L to this Agreement and incorporated herein by this reference is a list of all reports, assessments, investigations or audits commissioned from third parties by Seller or within Seller's possession or control respecting the environmental condition of, or environmental issues concerning, the Real Property ("SELLER'S ENVIRONMENTAL REPORTS"). Seller has heretofore delivered to Buyer, or shall hereafter deliver to Buyer as part of the Required Due Diligence Materials to be furnished hereunder, true, correct and complete copies of the Seller's Environmental Reports. Except as may be disclosed in Seller's Environmental Reports, to the best of Seller's knowledge, Seller has not caused or permitted any Hazardous Material to be released or disposed of in violation of any applicable Environmental Law in, on, under, to or from the Real Property, the discovery or remediation of which release or disposal would have a material adverse effect on the business conducted on the Property or which would expose Buyer to a material liability following the Closing.
ENVIRONMENTAL MATERIALS. Full sized surveys - Topographic and Utility, prepared by Wiles Mensch, dated March 3, 2004.
ENVIRONMENTAL MATERIALS. Except as set forth in Schedule 3.14 to the knowledge of Bancorp and Stock Bank, the real property owned by Bancorp associated with its two offices as well as other real property held as an asset and real property held as real estate owned ("Real Properties") are in material compliance with all Environmental Laws, as hereinafter defined, and there are no conditions existing currently which would subject Bancorp to damages, penalties, injunctive relief or cleanup costs under any Environmental Laws or assertions thereof, or which require cleanup, removal, remedial action or other response pursuant to Environmental Laws by Bancorp. Copies of all environmental studies, reports, notices and the like known to exist with regard to the Real Properties is contained at Schedule 3.14. Bancorp is not a party to any litigation or administrative proceeding, nor has Bancorp (either in its own capacity or as trustee or fiduciary), materially violated Environmental Laws nor, to its knowledge and except as set forth in Schedule 3.14, is Bancorp (either in its own capacity or as trustee or fiduciary) required to clean up, remove or take remedial or other responsive action due to the disposal, depositing, discharge, leaking or other release of any hazardous substances or materials. To the knowledge of Bancorp, none of the Real Properties are, nor is Bancorp, subject to any judgment, decree, order or citation related to or arising out of any Environmental Laws. To the knowledge of Bancorp, no material permits, licenses or approvals are required under Environmental Laws relative to the Real Properties; and, except as disclosed in Schedule 3.14, Bancorp has not stored, deposited, treated, recycled, used or disposed of any materials (including, without limitation, asbestos) on, under or at the Real Properties (or tanks or other facilities thereon containing such materials), which materials if known to be present on the Real Properties or present in soils or ground water, would require cleanup, removal or some other remedial action under the Environmental Laws. The term "Environmental Laws" shall mean all federal, state and local laws, including statutes, regulations, ordinances, codes, rules and other governmental restrictions, standards and requirements relating to the discharge of air pollutants, water pollutants or process waste water or substances, as now or at any time hereafter in effect, including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Hazar...
ENVIRONMENTAL MATERIALS. Attached as Exhibit G to this Agreement and incorporated herein by this reference is a list of all reports, assessments, investigations
ENVIRONMENTAL MATERIALS. 11 4.16 No Income ..................................................... 13 4.17 Survival ...................................................... 13 4.18 Seller's Knowledge ............................................ 13 4.19 As-Is ......................................................... 13 5 BUYER'S REPRESENTATIONS AND WARRANTIES .............................. 14 [500 Arsenal Street] i (C) Alexandria Real Estate Equities, Inc. 1999
