ENVIRONMENTAL SUBSTANCE LIABILITY. No event has occurred or condition exists or operating practice is being employed that could give rise to liability on the part of the Company, either at the present time or in the future, for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interest, expenses and costs of responses, including any such liability on account of the right of any governmental or private entity or person, and including closure expenses, costs of assessment, containment, removal, or response (other than monitoring or transportation or disposal of materials required to be transported or disposed of in the ordinary course of business consistent with past practice) arising under any rule or federal, state, or local statute, or any regulation that has been promulgated pursuant thereto, or common law, as a result of or in connection with, or alleged to be as a result of or in connection with, the following (collectively the "Hazardous Activities"):
(A) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels;
(B) the handling, storage, use, transportation or disposal of any Substances by the Company or its predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the Company or its predecessors;
(C) any intentional or unintentional emission, discharge or release of any Substances in or near or from facilities into or upon the air, surface water, ground water or land or any disposal, handling, manufacturing, processing, distribution, use, treatment, or transport of such Substances in or near or from facilities by or on behalf of the Company or its predecessors; or
(D) the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of the Company, including but not limited to the inclusion of such materials in the exterior and interior walls, floors, ceilings, tile, insulation or any other portion of building structures.
ENVIRONMENTAL SUBSTANCE LIABILITY. To the best of PerSeptive's knowledge, no event has occurred or condition exists or operating practice is being employed that could give rise to material liability with respect to the Facility or the Drug Discovery Program, either at the present time or in the future, for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interest and expenses (including any such liability on account of the right of any governmental or private entity or person, and including closure expenses, costs of assessment, containment, or removal (other than transportation or disposal of materials required to be transported or disposed of in the ordinary course of business, remedial work, or monitoring) arising under any presently enacted federal, state, or local statute, or any regulation that has been promulgated pursuant thereto, or common law, as a result of or in connection with, or alleged to be as a result of or in connection with, the following:
(i) the handling, storage, use, transportation or disposal of any Substances (as hereinafter defined) in or near or from the Facility, by PerSeptive or its predecessors;
(ii) the handling, storage, use, transportation or disposal of any Substances by PerSeptive or its predecessors which Substances were a product, by-product or otherwise resulted from the operation of the Drug Discovery Program
ENVIRONMENTAL SUBSTANCE LIABILITY. No event has occurred or condition exists or has existed and no operating practice has been or is being employed that could reasonably be expected to give rise to material liability on the part of the Company or any Subsidiary or any Person or entity for whose conduct the Company or any Subsidiary is or may be held responsible (together referred to in this subparagraph 3.9 as the "Company"), under any Environmental Law enacted on or prior to the date hereof as a result of or in connection with, the following:
(i) the using, generating, manufacturing, refining, transporting, treating, storing, handling, disposing, transferring, producing, or processing of any Substances by the Company in or near or from the Facilities or any other facilities owned or operated or used by the Company; or
(ii) any intentional or unintentional Release or Threat of Release of any Substances in, from or near facilities of the Company into the Environment.
ENVIRONMENTAL SUBSTANCE LIABILITY. No APP Company has handled, stored, transported, disposed or released any substances in a manner that has given or will give rise to liability on the part of any APP Company for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interest, expenses and costs of response (including any such liability on account of the right of any Governmental Entity or private entity or person), and including closure expenses, costs of assessment, containment, removal or response arising under any Legal Requirement.
ENVIRONMENTAL SUBSTANCE LIABILITY. No event has occurred or condition --------------------------------- exists or operating practice is being employed that could directly give rise to liability on the part of the Company, either at the present time or in the future, for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interest and expenses, including any such liability on account of the right of any governmental or private entity or person, and including closure expenses, costs of assessment, containment, removal or remedial response actions (other than transportation or disposal of materials required to be transported or disposed of in the ordinary course of business, remedial work, or monitoring) arising under any presently enacted federal, state, or local statute, or any regulation that has been promulgated pursuant thereto, or common law, as a result of or in connection with, or alleged to be as a result of or in connection with, the following:
(i) the handling, storage, use, treatment, transportation, disposal or arrangement for treatment, transportation or disposal of any Substances in or near or from facilities or plants, by the Company, or any of its predecessors;
(ii) any intentional or unintentional emission, discharge or release of any Substances in or near or from its facilities or plants into or upon the air, surface water, ground water or land by or on behalf of the Company, or any of its predecessors; or
(iii) the presence of any toxic or hazardous building materials (including but not limited to asbestos or similar substances) in any of the Company's facilities or plants, including but not limited to the inclusion of such materials in the exterior and interior walls, floors, ceilings, tile, insulation or any other portion of building structures.
ENVIRONMENTAL SUBSTANCE LIABILITY. No event has occurred or condition exists or operating practice is being employed that could give rise to material liability on the part of the Company under any presently enacted federal, state, or local statute, or any regulation that has been promulgated pursuant thereto, or common law, as a result of or in connection with, the following:
(i) the handling, storage, use, transportation or disposal of any Substances (as hereinafter defined) in or near or from facilities, by the Company; or
(ii) any intentional or unintentional emission, discharge or release of any Substances in, from or near facilities of the Company into or upon the air, surface water, ground water or land. As used in this Agreement, the term Substances shall mean any pollutant, hazardous substance, hazardous material, hazardous waste or toxic waste, as defined in any presently enacted federal, state or local statute or any regulation that has been promulgated pursuant thereto.
