Common use of ENVIRONMENTAL SUBSTANCE LIABILITY Clause in Contracts

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. No event has occurred or condition exists or operating practice is being employed that could give rise to liability on the part of the CompanySeller, 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"): (A1) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (B2) the handling, storage, use, transportation or disposal of any Substances by the Company Seller or its predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the Company Seller or its predecessors; (C3) 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 Seller or its predecessors; or (D4) the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of the CompanySeller, 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 liability on the part of the either 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"): (Ai) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (Bii) the handling, storage, use, transportation or disposal of any Substances by the either Company or its their predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the either Company or its their predecessors; (Ciii) 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 either Company or its their predecessors; or (Div) the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of the either 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. No To the Seller's knowledge, 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, either at the present time or in the future, Seller under existing law for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interestinterest and expenses, 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 removal (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 practicebusiness, remedial work, or monitoring) arising under any rule or federalpresently 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 (collectively the "Hazardous Activities"):following: (Ai) the handling, storage, use, transportation or disposal of any Substances (as hereinafter defined) in or near or from the Leased ParcelsBiotech Incubator Facility, by the Seller or any owner of any property used or owned by the Seller; (Bii) the handling, storage, use, transportation or disposal of any Substances by the Company or its predecessors Seller which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the Company or its predecessorsSeller; (Ciii) any intentional or unintentional emission, discharge or release of any Substances in in, from or near facilities or from facilities plants 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 in, from or near or from facilities by or on behalf of the Company or its predecessorsBiotech Incubator Facility; or (Div) the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of the CompanyBiotech Incubator Facility, 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 liability on the part of the CompanySeller, either at the present time or in the future, for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interest, expenses 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"):following: (A) 2.24.2.1 the handling, storage, use, transportation transportation, or disposal of any Substances in or near or from the Leased Parcels; (B) 2.24.2.2 the handling, storage, use, transportation transportation, or disposal of any Substances by the Company Seller or its predecessors which Substances were a product, by-product product, or otherwise resulted from the operations conducted by or on behalf of the Company Seller or its predecessors; (C) 2.24.2.3 any intentional or unintentional emission, discharge discharge, or release of any Substances in or near or from facilities into or upon the air, surface water, ground water 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 Seller or its predecessors; or (D) 2.24.2.4 the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of the CompanySeller, 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 liability on the part of the CompanySellers, 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 of federal, state, 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"): (A1) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (B2) the handling, storage, use, transportation or disposal of any Substances by either of the Company Sellers or its predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the Company Sellers or its predecessors; (C3) 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 Sellers or its predecessors; or (D4) the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of if the CompanySellers, 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 liability on the part of the CompanySeller, 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) 1. the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (B) 2. the handling, storage, use, transportation or disposal of any Substances by the Company Seller or its predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the Company Seller or its predecessors; (C) 3. 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 Seller or its predecessors; or (D) 4. the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of the CompanySeller, 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 To the Sellers' knowledge, 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, either at the present time or in the future, Sellers under existing law for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interestinterest and expenses, 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 removal (other than monitoring or transportation or and/or disposal of materials required to be transported or disposed of in the ordinary course of business consistent with past practicebusiness, remedial work, or monitoring) arising under any rule or 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 (collectively the "Hazardous Activities"):following: (A) the handling, storage, use, transportation or disposal of any Substances (as hereinafter defined) in or near or from the Leased ParcelsPremises by the Company or any owner of any property used or owned by the Company; (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 predecessorsCompany; (C) any intentional or unintentional emission, discharge or release of any Substances in in, from or near facilities or from facilities plants 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 in, from or near or from facilities by or on behalf of the Company or its predecessorsLeased Premises; 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 CompanyLeased Premises, 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 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"): (Ai) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (Bii) 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; (Ciii) 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 (Div) 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. 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"): (Ai) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (Bii) 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; (Ciii) 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 (Div) 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. No Except as set forth on Schedule 2.30, no event has occurred or condition exists or operating practice has been or 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, law (as all of the same presently exist and are presently construed) as a result of or in connection with, or alleged to be as a result of or in connection with, 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. 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, 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, 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 presently effective or pending 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"):following: (Ai) the The handling, storage, use, transportation or disposal of any Substances in or near or from facilities or plants used by the Leased ParcelsCompany or its predecessors; (Bii) the 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; (Ciii) any Any intentional or unintentional emission, discharge or release of any Substances in or near or from facilities or plants of the Company 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 or plants by or on behalf of the Company or its predecessors; or (Div) the The presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities or plants 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. No event has occurred or condition exists or operating practice is being employed that could give rise to liability on the part of either of the CompanyCompanies, 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 either of the Company Companies, Thermo-Shield or its their predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of the Company Companies or its their 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 Companies or its their 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 CompanyCompanies, 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 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"): (Ai) the handling, storage, use, transportation or disposal of any Substances in or near or from the Leased Parcels; (Bii) 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; (Ciii) 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 substances in or near or from facilities by or on behalf of the Company or its predecessors; or (Div) 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. No event has occurred or condition exists or operating practice is being employed that could give rise to liability on the part of either Company or the CompanyPartnership, 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 either Company, the Company Partnership or its their respective predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of either Company, the Company Partnership or its their respective 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 either Company, the Company Partnership or its their respective 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 either Company or the CompanyPartnership, 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 Except as disclosed in --------------------------------- Schedule 2.20, 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 CompanySeller, either at the present time or in the future, for any losses, liabilities, damages (whether consequential or otherwise), settlements, penalties, interest, interest and 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, remediation or response removal (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 practicebusiness, remedial work, or monitoring) arising under any rule or 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 (collectively the "Hazardous Activities"):following: (Ai) the handling, storage, use, transportation or disposal of any Substances in or near (as hereinafter defined) in, on, under or from Facilities relating to the Leased ParcelsBusiness, by the Seller or its predecessors; (Bii) the handling, storage, use, transportation or disposal of any Substances by the Company Seller or its predecessors which Substances were a product, by-product or otherwise resulted from the operations relating to the Business conducted by or on behalf of the Company Seller or its predecessors; (Ciii) any intentional or unintentional emission, discharge or release of any Substances in or near or from facilities or plants relating to the Business 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 and plants relating to the Business by or on behalf of the Company Sellers or its predecessors; or (Div) the presence of any toxic or hazardous building materials (including but not limited to friable asbestos or similar substances) in any facilities of or plants relating to the CompanyBusiness, 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 liability on the part of any of the CompanyCompanies, 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 any of the Company Companies or its their predecessors which Substances were a product, by-product or otherwise resulted from the operations conducted by or on behalf of any of the Company Companies or its their 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 any of the Company Companies or its their 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 any of the CompanyCompanies, 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.