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 Lessee is a liable party or a potentially responsible party under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ss.9601, et seq., or any state superfund law; has resulted in or could result in the attachment of an environmental lien on any of the Real Property; or alleges that the Company, the General Partner, the Partnership, the Subsidiary Partnership or the Lessee is liable for any contamination of the environment, contamination of the Real Property, damage to natural resources, property damage, or personal injury based on their activities or the activities of their predecessors or third parties (whether at the Real Property or elsewhere) involving Hazardous Materials, whether arising under the Environmental Laws, common law principles, or other legal standards.
Appears in 1 contract
Samples: Humphrey Hospitality Trust Inc
Environmental Status. Except as otherwise disclosed in the Prospectus, none of the Company, the General Partner, the Partnership, the Subsidiary Lessee or any Selling 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 liquefied 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 leased, owned or owned by any means controlled by the Company, the General Partner, the Partnership or the Subsidiary any Selling 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 any Selling Partnership, the Real Property and the Company's, the General Partner's, the Partnership's, the Subsidiary PartnershipLessee's and the Lesseeeach Selling Partnership's operations with respect to the Real Property are in compliance in all material respects 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 Lessee and each Selling 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 Lessee or any Selling 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, to the knowledge of the Company, the Partnership, the Lessee or any Selling Partnership, 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 Lessee or the Lesseeany Selling Partnership; alleges that the Company, the General Partner, the Partnership, the Subsidiary Lessee or any Selling Partnership or the Lessee is a liable party or a potentially responsible party under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ss.9601, et seq., or any state superfund law; has resulted in or could reasonably be expected to result in the attachment of an environmental lien on any of the Real Property; or alleges that the Company, the General Partner, the Partnership, the Subsidiary Lessee or any Selling Partnership or the Lessee is liable for any contamination of the environment, contamination of the Real Property, damage to natural resources, property damage, or personal injury based on their activities or the activities of their predecessors or third parties (whether at the Real Property or elsewhere) involving Hazardous Materials, whether arising under the Environmental Laws, common law principles, or other legal standards.
Appears in 1 contract
Environmental Status. Except as otherwise disclosed in the Prospectus, none of the Company, the General Partner, the Partnership, the Subsidiary Lessee or any Selling 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 liquefied 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 leased, owned or owned by any means controlled by the Company, the General Partner, the Partnership or the Subsidiary any Selling 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 any Selling Partnership, the Real Property and the Company's, the General Partner's, the Partnership's, the Subsidiary PartnershipLessee's and the Lesseeeach Selling Partnership's operations with respect to the Real Property are in compliance in all material respects 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 Lessee and each Selling 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 Lessee or any Selling 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, to the knowledge of the Company, the Partnership, the Lessee or any Selling Partnership, 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 Lessee or the Lesseeany Selling Partnership; alleges that the Company, the General Partner, the Partnership, the Subsidiary Lessee or any Selling Partnership or the Lessee is a liable party or a potentially responsible party under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ss.9601'9601, et seq., or any state superfund law; has resulted in or could reasonably be expected to result in the attachment of an environmental lien on any of the Real Property; or alleges that the Company, the General Partner, the Partnership, the Subsidiary Lessee or any Selling Partnership or the Lessee is liable for any contamination of the environment, contamination of the Real Property, damage to natural resources, property damage, or personal injury based on their activities or the activities of their predecessors or third parties (whether at the Real Property or elsewhere) involving Hazardous Materials, whether arising under the Environmental Laws, common law principles, or other legal standards.
Appears in 1 contract
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 Lessee is a liable party or a potentially responsible party under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ss.9601, et seq., or any state superfund law; has resulted in or could result in the attachment of an environmental lien on any of the Real Property; or alleges that the Company, the General Partner, the Partnership, the Subsidiary Partnership or the Lessee is liable for any contamination of the environment, contamination of the Real Property, damage to natural resources, property damage, or personal injury based on their activities or the activities of their predecessors or third parties (whether at the Real Property or elsewhere) involving Hazardous Materials, whether arising under the Environmental Laws, common law principles, or other legal standards.superfund
Appears in 1 contract
Samples: Humphrey Hospitality Trust Inc