Environmental Matter. Any matter or circumstance related in any manner whatsoever to (i) the disposal or release of solid, liquid or gaseous waste into the environment, (ii) the treatment, storage, disposal or other handling of any Hazardous Substance (as hereinafter defined), (iii) the placement of structures or materials into waters of the United States, (iv) above-ground or underground storage tanks used for the storage of petroleum, petroleum products, or Hazardous Substances, (v) the presence of any Hazardous Substance, including, but not limited to, asbestos, in any building, structure or workplace, which matter or circumstance exists at the Property on or before the Closing Date.
Environmental Matter. Any other provision of this Lease to the contrary notwithstanding, Tenant shall be liable to Landlord for and does hereby hold harmless and indemnify Landlord, its officers, employees and agents and the successors and permitted assigns of Landlord from and against all losses, costs, liabilities, claims, damages, expenses, demands, suits, actions or other proceedings, judgments, penalties and fines (including, without limiting the generality of the foregoing, direct losses, costs, damages and expenses of Landlord, including any reduction in the market value of any or all of the Premises, the Building and the Project, damages for loss, or restriction in the use of rentable space, or of an amenity of the Premises, the Building, or the Project, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, legal fees, solicitor-client costs, consultant fees and expert fees) which arise during or after the Term and are in any manner based upon, arise out of or are connected with the presence or suspected presence of any waste, as that term is defined in the Waste Management Act, S.B.C. 1979 c.41, as amended from time to time, toxic or hazardous substances in, on or under the Premises, the Building, or the Project or any other contamination, Including that resulting from waste, an unhealthful, hazardous or dangerous condition, caused by, contributed to or aggravated by the Tenant’s violation of any laws, ordinances, regulations or requirements pertaining to solid or other wastes, chemicals, oil and gas, toxic, corrosive or hazardous materials, air, water (surface or ground water) or noise pollution and the storage, handling, use or disposal of such matter (except to the extent the waste, toxic or hazardous substances or any other contaminants are present as a result of the negligence or wilful misconduct of Landlord), including, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, provincial or municipal government agency.
Environmental Matter s Each of theBorrower and, to the Borrowe¶sr knowledge, eachConstruction-Related ContracPt artyis in compliance withall laws applicable to the Project relating to (i) air emissions, (ii) discharges to surface water or ground water, (iii) noise emissions, (iv) solid or liquid waste disposal, (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes, (vi) biological resources (such as threatened and endangered species), and (vii) other environmental, health or safety matters, including all laws applicable to the Project referenced in the notice Fe‡xxxxx Environmental Statutes, Regulations, and Executive Orders Applicable to the Development and Review of Transportation Infrastructure Projects, 7·9 Fed. Reg. 22756 (April 23, 2014) (or any successor Federal Register notice of similar import), which document is available at xxxx://xxx.xxxxxxxxxxxxxx.xxx/policy/transportation- S R O L F \ EnHviroQnmeYntal L U R Q Laws .· All Governmental Approvals for the Project relating to Environmental Laws have been, or, when required, will be, obtained and are (or, as applicable, will be) in full force and effect. The Borrower has not received any written communication or notice, whether from a Governmental Authority, employee, citizens group, or any other Person, that alleges that the Borrower is not in full compliance with all Environmental Laws and Governmental Approvals relating thereto in connection with the Project and, to the Borrower s ¶knowledge, there are no circumstances that may prevent or interfere with full compliance in the future by the Borrower with any such Environmental Law or Governmental Approval. The Borrower has provided to the TIFIA Lender all material assessments, reports, results of investigations or audits, and other material information in the possession of or reasonably available to the Borrower regarding the Borrower s ¶or the Project s ¶compliance with (A) Environmental Laws, and (B) Governmental Approvals relating to Environmental Laws that are required for the Project.
Environmental Matter. The Phase I Environmental Site Assessment prepared for Purchaser in connection with this transaction notes the fact that hydraulic fluid is stored near the elevator facilities of the Hotel, and that such hydraulic fluid may have been spilled or leaked. Such Site Assessment also raises the possibility that such hydraulic fluids may contain hazardous substances known as "PCBs", and suggests sampling and testing of same. Seller has, at its sole cost and expense, had certain of such hydraulic fluids sampled, and a laboratory analysis thereof conductedby the Xxxxxx Group and Core Laboratories. No reports have yet been issued by such consultants. The environmental consultants of both Seller and Purchaser shall consult with each other promptly after the execution hereof, and determine which other areas and substances, if any, the Purchaser's environmental consultant requires to be sampled and analyzed, as noted in the aforesaid Phase I Environmental Site Assessment. Based on such consultation, Seller's environmental consultant shall conduct further sampling and analysis of such other areas and substances, if any. Seller shall obtain and deliver to Purchaser the written reports of such consultants, as to all areas and substances specified by Purchaser's environmental consultant as aforesaid, certified to both Purchaser and Seller, within twenty-one (21) days after the date of this Agreement. Each such consultant shall acknowledge in writing that Purchaser shall rely on, and is entitled to rely on, the aforesaid reports in completing the transactions described herein. If such sampling/testing discloses the presence of PCBs or other hazardous substances, Seller shall, at its sole cost and expense prior to Closing, have the same remediated in accordance with all applicable state and federal Environmental Laws. Such remediation shall be performed, and certified to both Seller and Purchaser, by an environmental contractor mutually acceptable to Seller and Purchaser, in their reasonable discretion. Notwithstanding the foregoing, if the cost of such remediation exceeds or is reasonably expected (based on written quotations from contractor(s) mutually acceptable to Seller and Purchaser) to cost Seller more than $100,000, Seller may terminate this Agreement by written notice to Purchaser, at which point all Deposit Monies shall be returned to Purchaser, with interest, and neither party shall have any further rights or obligations hereunder.
Environmental Matter. Except as disclosed in the Last Company SEC Report or on the Company Disclosure Schedule, (i) the Company and its subsidiaries have conducted their respective businesses in compliance with all applicable Environmental Laws, including, without limitation, having all permits, licenses and other approvals and authorizations necessary for the operation of their respective businesses as presently conducted, (ii) none of the properties owned by the Company or any of its subsidiaries contain any Hazardous Substance as a result of any activity of the Company or any of its subsidiaries in amounts exceeding the levels permitted by applicable Environmental Laws, (iii) neither the Company nor any of its subsidiaries has received any notices, demand letters or requests for information from any Federal, state, local or foreign governmental entity or third party indicating that the Company or any of its subsidiaries may be in violation of, or liable under, any Environmental Law in connection with the ownership or operation of their businesses, (iv) there are no civil, criminal or administrative actions, suits, demands, claims, hearings, investigations or proceedings pending or, to the knowledge of the Company, threatened against the Company or any of its subsidiaries relating to any violation, or alleged violation, of any Environmental Law, (v) no reports have been filed, or are required to be filed, by the Company or any of its subsidiaries concerning the release of any Hazardous Substance or the threatened or actual violation of any Environmental Law, (vi) no Hazardous Substance has been disposed of, released or transported in violation of any applicable Environmental Law from any properties owned by the Company or any of its subsidiaries as a result of any activity of the Company or any of its subsidiaries during the time such properties were owned, leased or operated by the Company or any of its subsidiaries, (vii) no underground storage tanks have been installed, closed or removed from any properties owned by the Company or any of its subsidiaries during, in the case of the Company, the time such properties were owned, leased or operated by the Company and during, in the case of each subsidiary, the time such subsidiary has been owned by the Company, (viii) there is no asbestos or asbestos containing material present in any of the properties owned by the Company and its subsidiaries, and no asbestos has been removed from any of such properties during the time such p...
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Environmental Matter. The parties agree that neither GTG nor Genlyte shall have any obligation to defend or indemnify any of the Xxxxxx Entities or any of their affiliates or any predecessors or successors of any of the Xxxxxx Entities or any of their affiliates with respect to the matter set forth in the letter dated March 9, 2004 from the State of Wisconsin, Department of Natural Resources, and the property referenced therein (collectively, the “Environmental Matter”).
Environmental Matter. Except as set forth in Part 3.24 of the Disclosure Letter:
(a) Xxxx is in full compliance with and is not in violation of or liable under any Environmental, Health and Safety Requirements related to the business of the Division. Xxxx does not have any basis to expect, nor to Dana's Knowledge, has any other Person for whose conduct Xxxx is or may be held to be responsible received, any order, communication or notice from (i) any governmental body or private citizen acting in the public interest, or (ii) the current or prior owner or operator of any real property, of any actual or potential violation or failure to comply with any Environmental, Health and Safety Requirements related to the business of the Division, or of any actual of threatened obligation to undertake or bear the cost of any Environmental, Health and Safety Liabilities with respect to any of the facilities or any other properties or assets (whether real, personal or mixed) related to the business of the Division in which Xxxx has held an interest, or with respect to any property or real property at or to which Hazardous Materials were generated, manufactured, refined, transferred, imported, used or processed by Xxxx related to the business of the Division, or any other Person for whose conduct Xxxx is or may be held responsible, or from which Hazardous Materials have been transported, treated, stored, handled, transferred, disposed, recycled or received related to the business of the Division.
(b) There are no pending or, to the Knowledge of Xxxx, threatened claims, Encumbrances or other restrictions of any nature, resulting from any Environmental, Health and Safety Liabilities or arising under or pursuant to any Environmental, Health and Safety Requirements, with respect to or affecting any of the facilities or any other properties and assets (whether real, personal or mixed) in which Xxxx has or had an interest related to the business of the Division.
(c) Xxxx does not have any basis to expect, nor to Dana's Knowledge, has any other Person for whose conduct Xxxx is or may be held responsible received, any citation, directive, inquiry, notice, order, summons, warning or other communication that relates to Hazardous Activity, Hazardous Materials or any alleged, actual or potential violation or failure to comply with any Environmental, Health and Safety Requirements, or of any alleged, actual or potential obligation to undertake or bear the cost of any Environmental, Health and Safety Liabil...
Environmental Matter. Prior to Subtenant’s period of beneficial early occupancy (as described in Section 3 of this Sublease), Sublandlord shall remove any Hazardous Substances located at, in or on the Premises to the extent brought/released onto the Premises by Sublandlord or its related parties. Subtenant shall provide to Sublandlord and Master Landlord prior to bringing any Hazardous Substances into the Premises a site safety contingency plan and a spill prevention program. Sublandlord hereby agrees that Subtenant shall be permitted, at Subtenant’s sole liability, to store onsite at the Premises the chemicals and cylinder gases in the amounts listed on Exhibit A attached hereto (the “Permitted Chemicals”) and shall reasonably cooperate with Subtenant to facilitate Master Landlord’s approval of the Permitted Chemicals. The Permitted Chemicals shall be stored at the Premises by Subtenant, in compliance with all Applicable Laws, including but not limited to: (i) all liquid Permitted Chemicals shall be stored in cabinets in accordance with the Material Safety Data Sheets, in compliance with applicable Occupational Safety and Health Administration’s (“OSHA”) rules and regulations, and within an isolated secondary containment area in the Premises; (ii) all cylinder and compressed gasses comprising the Permitted Chemicals shall be stored in accordance with applicable OSHA rules and regulations and Compressed Gas Association guidelines, using K-type cylinders stored in secured cylinder racks and T-type cylinders stored in a caged-off area in the Premises and bound together by chain; and (iii) all powdered Permitted Chemicals shall be stored in an isolated secondary containment area in the Premises.
Environmental Matter. (i) There are, to the Company’s knowledge, with respect to the Company or any of its Subsidiaries or any predecessor of the Company, no past or present violations of Environmental Laws (as defined below), releases of any material into the environment, actions, activities, circumstances, conditions, events, incidents, or contractual obligations which may give rise to any common law environmental liability or any liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or similar federal, state, local or foreign laws and neither the Company nor any of its Subsidiaries has received any notice with respect to any of the foregoing, nor is any action pending or, to the Company’s knowledge, threatened in connection with any of the foregoing. The term “Environmental Laws” means all federal, state, local or foreign laws relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws relating to emissions, discharges, releases or threatened releases of chemicals, pollutants contaminants, or toxic or hazardous substances or wastes (collectively, “Hazardous Materials”) into the environment, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials, as well as all authorizations, codes, decrees, demands or demand letters, injunctions, judgments, licenses, notices or notice letters, orders, permits, plans or regulations issued, entered, promulgated or approved thereunder.
