Environmental Status. There is no pending action or proceeding directly involving the Mortgaged Property of which the Company is aware in which compliance with any environmental law, rule or regulation is an issue; and to the best of the Company’s knowledge, nothing further remains to be done to satisfy in full all requirements of each such law, rule or regulation constituting a prerequisite to the use and enjoyment of the Mortgaged Property;
Environmental Status. Seller warrants and represents to Buyer that, to Seller's knowledge, (i) the Property is free of all hazardous waste or substances except as may be permitted by applicable law; (ii) that the Property has been operated and maintained in compliance with all applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste or substances has taken place from the Property which would cause the release of any hazardous waste or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are no bulk or underground tanks on or in the Property, and, no bulk or underground storage tanks have ever been located on or in the Property. The term hazardous waste or substances shall include those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant to said laws or any replacement thereof; such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or which are classified as hazardous or toxic under federal, state, or local laws or regulations. Seller has no notice or knowledge of the on-site existence of any “Endangered and Threatened Species,” flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and Threatened Wildlife and Plants" as may be amended from time to time. Seller further warrants no knowledge of the on-site existence of any upland conservation areas which are preserved, or may be preserved, for the purposes of providing of wildlife habitat. The provisions of this Section 4.16 shall survive the Closing or earlier termination of this Contract.
Environmental Status. Except as disclosed on Schedule 11.16 hereto, (i) the operations of the Company and each of its Subsidiaries comply in all material respects with all applicable Environmental Laws; (ii) the Company and each of its Subsidiaries have no environmental, health and safety Permits and to the best of the Company's knowledge, no such permits are necessary for its operation; (iii) the Company and each of its Subsidiaries and all of their present Facilities or operations, as well as to the knowledge of the Company and its Subsidiaries their past Facilities or operations, are not subject to any outstanding written order or agreement with any governmental authority or private party respecting (a) any Environmental Laws, (b) any Remedial Action, or (c) any Environmental Claims arising from the Release of a Hazardous Material into the environment; (iv) none of the operations of the Company or any of its Subsidiaries is subject to any judicial or administrative proceeding under any Environmental Law; (v) to the best of the knowledge of the Company and its Subsidiaries, none of the operations of the Company or any of its Subsidiaries is the subject of any Federal or state investigation evaluating whether any Remedial Action is needed to respond to a Release of any Hazardous Material into the environment in violation of any Environmental Law; (vi) neither the Company nor any of its Subsidiaries or to the knowledge of the Company and its Subsidiaries any predecessor of the Company or any Subsidiary has filed any notice under Environmental Law indicating past or present treatment, storage, or disposal of a hazardous waste in violation of any Environmental Law or reporting a Release of a Hazardous Material into the environment; (vii) to the best of the knowledge of the Company and its Subsidiaries, neither the Company nor any of its Subsidiaries has any contingent liability in connection with any Release of any Hazardous Material into the environment; (viii) none of the Company's or any Subsidiary's operations involve the generation, transportation, treatment or disposal of hazardous waste, as defined under 40 C.F.R. Parts 260-270 or any applicable state equivalent; (ix) neither the Company nor any of its Subsidiaries has disposed of any Hazardous Material by placing it in or on the ground or waters of any premises owned, leased or used by the Company or such Subsidiary and to the knowledge of the Company and its Subsidiaries neither has any lessee, prior owner, or other pers...
Environmental Status. Except as otherwise disclosed in the Prospectus, none of the Company, the General Partner, the Partnership, the Subsidiary Partnership or the Lessee has authorized or conducted or has knowledge of the generation, transportation, storage, presence, use, treatment, disposal, release, or other handling of any hazardous substance, hazardous waste, hazardous material, hazardous constituent, toxic substance, pollutant, contaminant, asbestos, radon, polychlorinated biphenyls ("PCBs"), petroleum product or waste (including crude oil or any fraction thereof), natural gas, liquified gas, synthetic gas, or other material defined, regulated, controlled, or potentially subject to any remediation requirement under any environmental law (collectively, "Hazardous Materials"), on, in, under, or affecting any real property currently leased or owned by any means controlled by the Company, the General Partner, the Partnership or the Subsidiary Partnership, including the Hotels (the "Real Property") except as in material compliance with applicable laws; to the knowledge of the Company, the General Partner, the Partnership or the Subsidiary Partnership, the Real Property and the Company's, the General Partner's, the Partnership's, the Subsidiary Partnership's and the Lessee's operations with respect to the Real Property are in compliance with all federal, state, and local laws, ordinances, rules, regulations, and other governmental requirements relating to pollution, control of chemicals, management of waste, discharges of materials into the environment, health, safety, natural resources, and the environment (collectively, "Environmental Laws"), and the Company, the General Partner, the Partnership, the Subsidiary Partnership and the Lessee have, and are in compliance with, all licenses, permits, registrations, and government authorizations necessary to operate under all applicable Environmental Laws. Except as otherwise disclosed in the Prospectus, none of the Company, the General Partner, the Partnership, the Subsidiary Partnership and the Lessee has received any written or oral notice from any governmental entity or any other person and there is no pending or threatened claim, litigation, or any administrative agency proceeding that: alleges a violation of any Environmental Laws by the Company, the General Partner, the Partnership, the Subsidiary Partnership or the Lessee; alleges that the Company, the General Partner, the Partnership, the Subsidiary Partnership or the Lesse...
Environmental Status. Except as described in Schedule 4.23: (i) MDI and each of its Subsidiaries are and have been in compliance with all applicable Environmental Laws; (ii) MDI and each of its Subsidiaries have obtained all permits, approvals, identification numbers, licenses or other authorizations required under any applicable Environmental Laws ("Environmental Permits") and are and have been in compliance with their requirements; (iii) such Environmental Permits do not, in connection with the Transactions, require the consent or approval of, or any filing with or notice to, any governmental authority; (iv) there are no underground or aboveground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Substances are being or have been treated, stored or disposed of on any owned or leased real property or on any real property formerly owned, leased or occupied by, MDI or any of its Subsidiaries; (v) there is no asbestos or asbestos-containing material on any owned or leased real property in violation of applicable Environmental Laws; (vi) MDI and its Subsidiaries have not released, discharged or disposed of Hazardous Substances at any real property owned by any third party except in compliance with Environmental Laws or any real property owned or leased or on any real property formerly owned or leased by MDI or any of its subsidiaries and none of such property is contaminated with any Hazardous Substances; (vii) neither MDI nor any of its Subsidiaries is undertaking, and neither MDI nor any of its Subsidiaries has completed, any investigation or assessment or remedial or response action relating to any such release, discharge or disposal of or contamination with Hazardous Substances at any site, location or operation, either voluntarily or pursuant to the order of any governmental authority or the requirements of any Environmental Law; and (viii) there are no past or pending or, to the knowledge of the Stockholder or MDI, threatened actions, suits, demands, demand letters, claims, Liens,notices of non-compliance or violation, notices of liability or potential liability, investigations, proceedings, consent orders or consent agreements relating in any way to Environmental Laws, any Environmental Permits or any Hazardous Substances against MDI or any of its Subsidiaries or any of their property which are outstanding or have been outstanding during the past two years, and there are no circumstances that could be expected to form the bas...
Environmental Status. Lessee accepts the property in its present condition. For purposes of determining the Lessee's compliance with environmental laws as set forth in paragraph 13 of the General Terms and Conditions, Lessee warrants that: (a) it has had the opportunity to inspect the premises and conduct at its expense any and all studies, environmental audits, or other examinations of the property; and (b) that no contamination of the soil or other violations of environmental law exists on the site at the commencement of this Lease.
Environmental Status. Without limiting the foregoing, Purchaser acknowledges that it has had or will have an opportunity to become familiar with the environmental status of the Real Property and that Purchaser shall make its own evaluation of and business decision regarding the foregoing, without any representation or warranty by Seller or any of its Affiliates. Notwithstanding any indemnification obligation of Seller under this Agreement, Purchaser does hereby forever release and discharge the Seller Indemnitees from any and all Environmental Claims and Environmental Liabilities, whether now known or unknown to Purchaser; provided, however, that such release and discharge shall not apply to any indemnification obligation of Seller under this Agreement, to the extent resulting from a breach of Seller’s representation or warranty set forth in Section 5.1(f).
Environmental Status. 1.1 Construction Programme
Environmental Status. 23 On April 26, 2013, a notice of availability for the South Mountain Freeway Draft 24 Environmental Impact Statement (XXXX) was published in the Federal Register. This 25 notice began a 90-day public comment period. During the comment period, a public 26 hearing was held on May 21, 2013, at the Phoenix Convention Center; numerous other 27 community outreach events were also held. The public comment period ended on July 28 24, 2013. 29 At the same time as the XXXX publication, the study team also submitted the Initial 30 Location/Design Concept Report to ADOT technical groups and agency Stakeholders. 31 The design plans included in the Initial L/DCR represent preliminary engineering level 32 design plans. The Final Location/Design Concept Report is included in the Reference 33 Information Documents. 34 On September 26, 2014, the project team released the Final Environmental Impact 35 Statement (FEIS) for a 60-day public review period. On November 28, 2014, the project 36 team released an “Errata” as an addendum to the FEIS. The FEIS and Errata 37 incorporate analysis and conclusions presented in the XXXX for the proposed action, 38 public comments and responses on the XXXX, and new information that became 39 available after public release of the XXXX. Each comment received on the XXXX is 40 accompanied by a response in Volume III of the FEIS or in the Errata. 1 Following the FEIS and Errata review period, the project team considered comments 2 received and prepared a record of decision (ROD). FHWA issued the ROD for the 3 Project on March 5, 2015. The ROD is included in the Reference Information 4 Documents and is available at xxxx://xxxxx.xxx/projects/phoenix-metro-area/loop-202- 5 south-mountain-freeway/overview. On March 13, 2015, FHWA published notice of final 6 federal agency action for the Project and of the deadline for filing for judicial review, at
Environmental Status. In accordance with Section 1.3 hereof Xxxxxxxxx agrees to purchase the Real Property “As Is” and “Where Is” and Seller shall have no obligation of indemnity, contribution or otherwise to Purchaser. Purchaser hereby releases and discharges Seller for any liabilities, costs, expenses, losses, damages, or claims, whether arising at law or in equity, known or unknown, or arising before or after the closing, arising from or relating to the environmental condition of the Real Property, or the adjacent environs.
