Environmental Representations and Warranties of Borrower. Borrower represents and warrants to Lender as follows:
Environmental Representations and Warranties of Borrower. Borrower represents and warrants to Lender that (i) no condition, activity or conduct exists on or in connection with any Collateral Location which constitutes a violation of any Environmental Law; (ii) there has been no Release of any Hazardous Substance on any Collateral Location; (iii) there are no existing or closed underground storage tanks on any Collateral Location; (iv) there are no existing or closed sanitary landfills, solid waste disposal sites, or hazardous waste treatment, storage or disposal facilities on or affecting any Collateral Location; (v) there exists no investigation, action, proceeding, or claim by any agency, authority, or unit of government or by any third party which could result in any liability, penalty, sanction, or judgment under any Environmental Law with respect to any condition, use or operation of any Collateral Location; and (vi) there has been no claim by any party that any use, operation, or condition of any Collateral Location has caused any nuisance or any other liability or adverse condition on any other property.
Environmental Representations and Warranties of Borrower. (a) Borrower represents and warrants to Lender that Borrower has undertaken an appropriate inquiry into the previous ownership and uses of the Mortgaged Property consistent with good commercial or customary practice in an effort to minimize liability with respect to any substances defined or classified or identified as "hazardous substances," "hazardous wastes," "hazardous materials," "toxic substances" or other contaminants or pollution under any applicable federal or state or local laws, ordinances, rules or regulations now or hereafter in effect ("Hazardous Substances"). Borrower represents and warrants that the Mortgaged Property is presently free from contamination by Hazardous Substances and that the Mortgaged Property and the activities conducted thereon do not pose any significant hazard to human health or the environment or violate any applicable federal, state or local laws, ordinances, rules or regulations pertaining to Hazardous Substances or industrial hygiene or environmental conditions ("Environmental Laws"). Borrower shall not cause or permit the Mortgaged Property to be used for the generation, handling, storage, transportation, disposal or release of any Hazardous Substances except as exempted or permitted under applicable Environmental Laws, and Borrower shall not cause or permit the Mortgaged Property or any activities conducted thereon to be in violation of any applicable Environmental Laws. Borrower agrees to indemnify Lender and hold Lender and its directors, officers, employees, successors and assigns harmless from and against any and all claims, losses, damages (including all foreseeable and unforeseeable consequential damages), liabilities, fines, penalties, charges, interest, administrative or judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including without limitation attorneys' fees and expenses), directly or indirectly resulting in whole or in part from the violation of any Environmental Laws applicable to the Mortgaged Property or any activity conducted thereon, or from any past, present or future use, generation, handling, storage, transportation, disposal or release of Hazardous Substances at or in connection with the Mortgaged Property, or any decontamination, detoxification, closure, cleanup or other remedial measures required with respect to the Mortgaged Property under any Environmental Laws. All sums ...
Environmental Representations and Warranties of Borrower. Borrower represents and warrants to Lender, except as may otherwise be set forth or disclosed in any environmental reports concerning the Land delivered by the Borrower to the Lender or obtained directly by the Lender (the "Environmental Reports") and to the best of Xxxxxxxx's knowledge, as follows:
Environmental Representations and Warranties of Borrower. Borrower -------------------------------------------------------- represents and warrants to Lender as follows except as has been disclosed to Lender in a certain Environmental Site Assessment dated August 28, 1998, done by Sitec Environmental, Inc. for the City, and in a certain Supplemental Subsurface Investigation dated July 20, 1999, done by Xxxxxxx Xxxxxx Vrustlin, Inc. for the City:
