Environmental Matters; Hazardous Materials. (a) Except with respect to any matters that, either individually or in the aggregate, could not reasonably be expected to result in liability in excess of $2,000,000 or have a Material Adverse Effect, no Loan Party or Subsidiary (a) has failed to comply with any Environmental Law or to obtain, maintain or comply with any License or other approval required under any Environmental Law, (b) knows of any basis for any License or other approval required under any Environmental Law to be revoked, canceled, limited, terminated, modified, appealed or otherwise challenged, (c) has or could reasonably be expected to become subject to any Environmental Liability, (d) has received notice of any claim, complaint, proceeding, investigation or inquiry with respect to any Environmental Liability (and no such claim, complaint, proceeding, investigation or inquiry is pending or, to the knowledge of the Borrowers, is threatened or contemplated) or (e) knows of any facts, events or circumstances that could give rise to any basis for any Environmental Liability of any Loan Party or Subsidiary.
(b) Except as disclosed on Schedule 3.14(b):
(i) All Farm Project Sites and the other facilities and properties currently or formerly owned, leased or operated by any Loan Party or Subsidiary (the “Properties”) do not contain any Hazardous Materials attributable to such Loan Party’s or Subsidiary’s ownership, lease or operation of the Properties in amounts or concentrations or stored or utilized which (A) constitute or constituted a violation of Environmental Laws, or (B) could reasonably be expected to give rise to any Environmental Liability, in each case, to the extent that such violation could reasonably be expected to give rise, either individually or in the aggregate, to any Environmental Liability in excess of $1,000,000; and
(ii) Hazardous Materials have not been transported or disposed of from the Properties (A) in violation of Environmental Law, or (B) in a manner or to a location which could reasonably be expected to give rise, either individually or in the aggregate, to any Environmental Liability in excess of $1,000,000 for the Loan Parties and their Subsidiaries, nor have any Hazardous Materials been generated, treated, stored or disposed of by or on behalf of any Loan Party or Subsidiary at, on or under any of the Properties in violation of Environmental Laws or in a manner that could reasonably be expected to give rise, either individually or in the aggregate, to any Envi...
Environmental Matters; Hazardous Materials. Except as would not reasonably be expected to have a Material Adverse Effect:
(a) no Loan Party is in violation of, or in the past three years has violated, (or received any notice that it violated or is in violation of) any Environmental Law;
(b) no Loan Party has Released any Hazardous Materials, including at, in, on, under, to or from any Sites, Projects or any other Real Property owned, operated or leased by any Loan Party, and, to the knowledge of the Loan Parties, no other person has Released any Hazardous Materials at, in, on, under, to or from any Sites, Projects or any other Real Property owned, operated or leased by any Loan Party, that require any investigation, cleanup, removal or remediation pursuant to, or corrective or remedial action under, Environmental Law;
(c) no Loan Party has (or has received any notice that it or any third party has) used, handled, generated, manufactured, produced, treated, disposed of, stored or Released any Hazardous Materials at, in, on, under, to, from or about the Sites, Projects or any other Real Property owned, operated or leased by any Loan Party, or transported thereto or therefrom, in a quantity or manner that subjected any Loan Party, Holdings or any Secured Party to an Environmental Claim that remains unresolved;
(d) no Responsible Officer of any Loan Party has actual knowledge of any underground storage tanks, whether operative or temporarily or permanently closed, located on the Sites or any other Real Property owned or leased by any Loan Party;
(e) there is no (i) pending or, to the knowledge of the Loan Parties, threatened Environmental Claim against any Loan Party, or (ii) other action or proceeding with respect to the presence or Release of or exposure to Hazardous Materials at, in, on, under, from or to the Sites, Projects or any other Real Property owned, operated or leased by any Loan Party; and
(f) no Responsible Officer of any Loan Party has actual knowledge of any past or existing violations of any Environmental Laws by any person relating in any way to the Sites, Projects or any other Real Property owned or leased by the Loan Parties.
Environmental Matters; Hazardous Materials. (a) Hazardous Materials Disclosure Certificate: Prior to executing this ------------------------------------------ Lease, Tenant has completed, executed and delivered to Landlord Tenant's initial Hazardous Materials Disclosure Certificate (the "Initial HazMat Certificate"), a copy of which is attached hereto as Exhibit E and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that, to the best of Tenant's knowledge after due inquiry, the information on the Initial HazMat Certificate is true and correct and accurately describes the use(s) of Hazardous Materials which will be made and/or used on the Premises or the Equipment Space by Tenant. Commencing with the date which is one year from the Commencement Date, and continuing every year thereafter after Landlord's written request, Tenant will complete, execute, and deliver to Landlord, a Hazardous Materials Disclosure Certificate (the "HazMat Certificate") describing Tenant's present use of Hazardous Materials on the Premises or the Equipment Space, and any other reasonably necessary documents as requested by Landlord. The HazMat Certificate required hereunder shall be in substantially the form as that which is attached hereto as Exhibit E.
Environmental Matters; Hazardous Materials. Except for matters that would not reasonably be expected to have a Material Adverse Effect:
(a) there is no pending or, to any Loan Party’s knowledge, threatened, and, in the past three (3) years, there has not been, any Environmental Claim against any Group Member or otherwise with respect to any real properties or other assets now or formerly owned, leased or operated by any Group Member, and no Group Member has received any notice of any such Environmental Claim, and no proceeding has been instituted raising any such Environmental Claim;
(b) each of the Group Members is in compliance with Environmental Law and has obtained, maintained in full force and effect and complied with all Permits required pursuant to Environmental Law to conduct its respective businesses;
(c) neither the Parent nor the Borrower has any knowledge of any facts which would reasonably be expected to give rise to any Environmental Claim, public or private, including any violation of Environmental Laws, any Release of Hazardous Materials or any damage to the Environment emanating from, occurring on or in any way related to any real properties or other assets now or formerly owned, leased or operated by any Group Member; and
(d) no Hazardous Materials have been used, generated, manufactured, stored, Released, transported or treated either by any Group Member or on, at, under or from any real properties or other assets now or formerly owned, leased or operated by any Group Member, except, in the case of any of the foregoing, in the ordinary course of business and in material compliance with Environmental Laws.
Environmental Matters; Hazardous Materials. A. Hazardous Materials Disclosure Certificate. Concurrently with executing this Lease, and within thirty (30) days of each anniversary of the Commencement Date during the Term of this Lease, Lessee shall execute, and deliver to Lessor, the Hazardous Materials Disclosure Certificate (the "HazMat Certificate") in substantially the form attached hereto as Exhibit__, and any other reasonably necessary documents as requested by Lessor.
Environmental Matters; Hazardous Materials. (a) Except with respect to any matters that, either individually or in the aggregate, could not reasonably be expected to result in liability in excess of $2,000,000 or have a Material Adverse Effect, no Loan Party or Subsidiary (a) has failed to comply with any Environmental Law or to obtain, maintain or comply with any License or other approval required under any Environmental Law, (b) knows of any basis for any License or other approval required under any Environmental Law to be revoked, canceled, limited, terminated, modified, appealed or otherwise challenged, (c) has or could reasonably be expected to become subject to any Environmental Liability, (d) has received notice of any claim, complaint, proceeding, investigation or inquiry with respect to any Environmental Liability (and no such claim, complaint, proceeding, investigation or inquiry is pending or, to the knowledge of the Borrowers, is threatened or contemplated) or (e) knows of any facts, events or circumstances that could give rise to any basis for any Environmental Liability of any Loan Party or Subsidiary.
Environmental Matters; Hazardous Materials. Section 27.1. Tenant hereby agrees and covenants with Landlord as follows:
(a) Tenant shall be and remain, and shall cause the Premises to be and remain, in compliance, in all material respects, with all Environmental Laws;
(b) Tenant shall obtain and maintain, and shall be and remain in material compliance with all necessary Permits required under Environmental Laws in order to operate the Premises for the Permitted Uses;
(c) Tenant shall promptly notify Landlord of any Release of Hazardous Materials at any Premises that exceed a reportable quantity under applicable Environmental Laws, any material violations of Environmental Laws, or any Environmental Claims which have been asserted in writing against Tenant or the Premises. In the event of a Release which occurs after the commencement of the Lease, Tenant shall take Remediation Actions that are required under Environmental Laws to address the Release.
(d) Tenant shall furnish Landlord copies of all material environmental reports, studies, investigations or correspondence regarding any environmental liabilities Premises that are in either Tenant’s possession or under its reasonable control.
(e) Tenant will not use the Premises, nor will Tenant permit the Premises to be used, for the purpose of refining, producing, storing, handling, transferring, processing, transporting, generating, manufacturing, treating or disposing of any Hazardous Materials except in quantities customarily used for the Tenant’s operations and in compliance with Environmental Laws.
(f) Tenant shall promptly notify Landlord of any Environmental Lien that is filed against or threatened to be filed against the Premises In the event that an Environmental Lien is filed against the Premises or any portion thereof, Tenant shall within thirty (30) days from the date that Tenant is given notice that said Environmental Lien has been placed against the Premises or within such shorter period of time in the event that any Governmental Authority has commenced steps to cause the Premises or any portion thereof to be sold pursuant to said Environmental Lien, Tenant shall either (i) pay the claim and remove the lien from the Premises or any portion thereof or (ii) institute at Tenant’s at its cost and expense, and acting in good faith, an appropriate legal proceeding to contest, object or appeal the validity of any Environmental Lien. If Tenant does contest the validity of the Environmental Lien, Tenant shall deliver to Landlord either (x) a bond in...
Environmental Matters; Hazardous Materials. (a) For purposes of this Lease, the following additional definitions shall apply:
Environmental Matters; Hazardous Materials. (a) Except in compliance with Environmental Laws and in a manner that could not reasonably be expected to subject Target or any of its Subsidiaries to material liability, to the knowledge of Target no Hazardous Materials are present on any Target Business Facility currently owned, operated, occupied, controlled or leased by Target or any of its Subsidiaries, or were present on any other Target Business Facility at the time it ceased to be owned, operated, occupied, controlled or leased by Target or any of its Subsidiaries. To the knowledge of Target, there are no underground storage tanks, asbestos which is friable or likely to become friable or PCBs present on any Target Business Facility currently owned, operated, occupied, controlled or leased by Target or any of its Subsidiaries, or as a consequence of the acts of Target or any of its Subsidiaries or their respective agents.
Environmental Matters; Hazardous Materials. (a) Except in compliance with Environmental Laws and in a manner that could not reasonably be expected to subject Parent to material liability, to the knowledge of Parent no Hazardous Materials are present on any Parent Business Facility currently owned, operated, occupied, controlled or leased by Parent, or were present on any other Parent Business Facility at the time it ceased to be owned, operated, occupied, controlled or leased by Parent. To the knowledge of Parent, there are no underground storage tanks, asbestos which is friable or likely to become friable or PCBs present on any Parent Business Facility currently owned, operated, occupied, controlled or leased by Parent, or as a consequence of the acts of Parent or any of its agents.
