Environmental Remedies. At any time after the occurrence and during the continuance of an Event of Default under Grantor’s obligations contained in Section 1.9 hereof but without limiting any other rights of remedies of Beneficiary hereunder, under the Loan Documents or at law or in equity:
Environmental Remedies. Without limiting the generality of Section 11.7, each of Dresser and Buyer understands and agrees that its right to indemnification under Section 11.1 for breach of the representations and warranties contained in Section 4.17 and for Excluded Liabilities constituting Environmental Liabilities retained by Seller under Section 2.5(e) shall constitute the sole and exclusive remedy of Buyer and its Affiliates against the Seller Indemnified Parties with respect to any environmental, health, or safety matter relating to the past, current or future facilities, properties or operations of the Business, including any such matter arising under any Environmental, Health, and Safety Laws; provided that nothing herein shall limit in any way either Party’s remedies for breach of the EHS Agreement. Aside from such right to indemnification, each of Dresser and Buyer hereby waives any right, whether arising at Law or in equity, to seek contribution, cost recovery, damages, or any other recourse or remedy from Seller, and hereby releases and holds harmless the Seller Indemnified Parties from any claim, demand or liability, with respect to any such environmental, health, or safety matter (including any arising under any Environmental, Health, and Safety Laws).
Environmental Remedies. Without limiting the generality of Section 8(f), above, Buyer understands and agrees that its right to indemnification under Section 8(b) for breach of the representations and warranties contained in Section 4(q) hereof shall constitute its sole and exclusive remedy against Seller with respect to any environmental, health, or safety matter relating to the past, current, or future facilities, properties, or operations of IBEX and its predecessors or Affiliates, including any such matter arising under any Environmental Requirements.
Environmental Remedies. The Investor shall not be entitled to indemnification for a breach of Section 3.20 if the condition, event or circumstance that gave rise to such breach was discovered as a result of a Phase II or other intrusive environmental sampling, testing or investigation (collectively, "Environmental Tests") at any of the facilities of the Business that are transferred to CNCO except for Environmental Tests undertaken (i) to respond to, investigate, or otherwise remediate environmental conditions that could reasonably be expected to create an imminent and substantial endangerment to the health, safety and welfare of the employees of CNCO, the public or the environment; (ii) in response to an inquiry, request, claim or demand by a governmental entity or (iii) in connection with a possible sale of all or part of CNCO or its assets. For purposes of this Section 11.5, the Business shall include the Relinquished Property.
Environmental Remedies. Without limiting the generality of Section 8(g), above, the Buyer understands and agrees that its right to indemnification under Section 8(c) for breach of the representations and warranties contained in Section 3(q) shall constitute its sole and exclusive remedy against the Solo Parties with respect to any environmental, health, or safety matter relating to the past, current or future facilities, properties or operations of the Division, the Division Subsidiaries, and all of their respective predecessors or Affiliates, including without limitation any such matter arising under any Environmental, Health, and Safety Requirements. Aside from such right to indemnification, the Buyer hereby waives any right, whether arising at law or in equity, to seek contribution, cost recovery, damages, or any other recourse or remedy from the Solo Parties, and hereby releases the Solo Parties from any claim, demand or liability, with respect to any such environmental, health, or safety matter (including without limitation any arising under any Environmental, Health, and Safety Requirements and including without limitation any arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), any analogous state law, or the common law.
Environmental Remedies. Notwithstanding the foregoing or anything to the contrary in this Agreement, Buyer and its successors and assigns understand and agree that the indemnification obligations of Seller under this Sections 9.2 shall constitute the sole and exclusive remedy of Buyer Indemnitees with respect to any matters or claims arising under Environmental Laws, and Buyer and its successors and assigns hereby waive, and unconditionally release Seller from, any rights and remedies that Buyer and its successors and assigns may otherwise have against Seller under any Environmental Law, including, without limitation, any claims for contribution under CERCLA or common law.
Environmental Remedies. (i) With respect to any Remedial Actions required for which Buyer has retained liability hereunder or which, and to the extent, constituting a breach of the representations and warranties contained in Section 4(j) hereof, Seller shall, at its sole cost and expense, (and with respect to a breach of Section 4(j) hereof, within the limits provided by Section 6(e) above) promptly take all Remedial Actions required by any federal, state or local governmental agency or political subdivision, which requirements or necessity arise from the presence or threatened presence upon, about or beneath the Owned Real Property, of a Hazardous Material constituting a violation of any Environmental Laws by Seller or a predecessor owner of the Owned Real Property. Such actions shall be limited to those actions required by applicable Environmental Laws but may include, without limitation, the investigation of the Environmental Condition of the Owned Real Property, the preparation of any feasibility studies, reports or remedial plans, and the performance of any Remedial Actions required by Environmental Laws. Seller shall take all actions reasonably necessary to attain compliance with applicable Environmental Laws in a cost effective manner, assuming continued industrial use of the Owned Real Property and employing risk based standards and institutional controls where available. Seller shall proceed in a reasonable commercial manner with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable Environmental Laws. Buyer shall, in good faith, take all reasonable actions to cooperate with Seller’s activities, including allowing Seller all necessary access to the Owned Real Property, for the Seller to efficiently and effectively take such Remedial Actions as are reasonably necessary to comply with its obligations hereunder. Any such actions taken shall be performed in a good, safe and workmanlike manner and shall take all reasonable commercial actions to minimize any impact on the business conducted on the Owned Real Property. Seller shall pay all costs in connection with such Remedial Actions, including, without limitation, all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Seller shall promptly provide to Buyer copies of testing results and reports that are generated in connection with the above activities. Promptly upon completion of such Remedial Actions, Seller ...
Environmental Remedies. 38 ARTICLE XII MISCELLANEOUS
Environmental Remedies. The Borrower agrees that it will clean-up, remedy and/or take such other action, and will cause its Subsidiaries to clean-up, remedy and/or take such other action, as may be required by Environmental Laws, with respect to any Release of Contaminant (other than Releases which are of an immaterial nature) from any of their properties or caused by it or them with due diligence and will comply with, and will cause its Subsidiaries to comply with, any orders issued by any Governmental Authority with respect to the Natural Environment.
Environmental Remedies. Without limiting the generality of (f) above, Buyer understands and agrees that its right to indemnification under §7(b) for breach of the representations and warranties contained in §4(t) hereof shall constitute its sole and exclusive remedy against Sellers with respect to any environmental, health, or safety matter relating to past, current, or future facilities, properties, or operations of the Companies, and all of their respective predecessors or Affiliates, including any such matter arising under any Environmental, Health, and Safety Requirements.
