Environmental Warranties and Representations Sample Clauses

Environmental Warranties and Representations. In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Contractor warrants and represents that it, and to the best of its knowledge, its subcontractors have not violated and are not in violation of the following sections of the Code (collectively, the Waste Sections): 7-28-390 Dumping on public way;
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Environmental Warranties and Representations. All warranties and representations made by the Company relating to environmental matters, including, without limitation, compliance with all Environmental Protection Laws, notices, actions or orders relating to environmental matters and Hazardous Substances are made solely and exclusively in this Section 2.19.
Sample 1
Environmental Warranties and Representations. Borrower hereby warrants and represents to Lender that (i) the operations of Borrower have complied and currently comply with all Environmental Laws; (ii) none of the operations of Borrower is subject to or, to the best knowledge of Borrower will be subject to any threatened or pending judicial or administrative proceeding alleging the violation of any Environmental Laws; (iii) none of the operations of Borrower is the subject of a federal or state investigation evaluating whether any remedial action is needed to respond to a Release of any Hazardous Material into the environment; (iv) Borrower has not filed any notice under any federal or state law indicating past or present treatment, storage or disposal of a Hazardous Material or reporting a spill or release of a Hazardous Material into the environment; and (v) Borrower has no known liability in connection with any Releases of Hazardous Material into the environment.
Sample 1
Environmental Warranties and Representations. 19 4.3 Automatic Warranty and Reaffirmation of Warranties and Representations..................19 (ii) 4 4.4 Survival of Warranties and Representations..............................................20
Sample 1
Environmental Warranties and Representations. Borrower warrants and represents that (i) the operations of Borrower have complied and currently comply with all Environmental Laws; (ii) none of the operations of Borrower is subject to or, to the best knowledge of Borrower will be subject to any threatened or pending judicial or administrative proceeding alleging the violation of any Environmental Laws; (iii) none of the operations of Borrower is the subject of a federal or state investigation evaluating whether any remedial action is needed to respond to a Release of any Hazardous Material into the environment; (iv) Borrower has not filed any notice under any federal or state law indicating past or present treatment, storage or disposal of a Hazardous Material or reporting a spill or release of a Hazardous Material into the environment; and
Sample 1
Environmental Warranties and Representations. In addition to all representations, warranties and covenants hereinbefore made, Mortgagor represents and warrants that to the best of its knowledge, except in the ordinary course of business or when properly licensed by the appropriate governmental agency, there does not exist on the Mortgaged Property any substance or material which would constitute a hazardous substance, hazardous waste, pollutants or contaminants as those terms are defined by M.S.A. 115B.02 of the "Environmental Response and Liability Act". Mortgagor warrants that neither it nor, to the best of its knowledge, any previous owner or operator of the Mortgaged Property used the property in violation of any State or Federal Environmental Laws, and that no proceedings have been commenced or notices received concerning any alleged violations of such Environmental Laws. Mortgagor further warrants and covenants that all future uses of the Mortgaged Property shall be in full compliance with any relevant Environmental Laws and any clean-up measures required by such law will be completed by Mortgagor in the event of future violations by Mortgagor. The warranties and representations made in this paragraph shall survive foreclosure of the Mortgage and shall run with the Real Estate.
Sample 1
Environmental Warranties and Representations. Landlord represents and warrants that to the best of Landlord’s knowledge upon reasonable investigation as of the Commencement Date of this Lease that (i) neither Landlord, nor any present or previous tenant of the Premises, nor any other third party, has released, used, generated, manufactured, stored or disposed of, on, or under the Premises any hazardous substance, material, chemical or waste in violation of applicable Environmental Regulations; (ii) neither Landlord, nor any present or previous tenant of the Property, nor any other third party, has transported to or from the Premises any flammable explosives, “hazardous waste”, or any other “hazardous substance”, as those terms are defined in applicable Environmental Regulations in violation of applicable Environmental Regulations; (iii) there have been no orders, notices of violation, complaints or other similar communications of alleged or potential violations or failures to comply with applicable Environmental Regulations issued by a governmental agency regarding any acts or omissions upon or affecting the Premises before the date of this Lease; (iv) except as disclosed by Landlord to Tenant and acknowledged by Tenant, Landlord is not aware of the presence on the Premises of any asbestos, polychlorinated biphenyls (PCBs), or other known hazardous substances, material, chemicals or waste (as those terms are defined under applicable Environmental Regulations), xxxxx or underground storage tanks in violation of applicable Environmental Regulations; and (v) Landlord is in compliance with all applicable Environmental Regulations. Landlord shall indemnify, hold harmless and defend Tenant from and against any and all liability, loss, damage or expense (including reasonable attorney’s fees, court costs and cleanup costs, if any) incurred by Tenant in connection with any claim, demand or suit for damages, injunction or other relief to the extent caused by, arising out of or resulting from (i) any breach of Landlord’s representations and warranties contained in this Section 10.23, or (ii) the generation, storage, use, handling, discharge, release or disposal of hazardous substances, chemicals, materials or waste, as those terms are defined under applicable Environmental Regulations, at the Premises, which occurred before the Commencement Date of this Lease, or during the term of this Lease, but only if caused by the acts or omissions of Landlord, or its agents, representatives, or contractors. Tenant covenant...
Sample 1
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Environmental Warranties and Representations. Landlord warrants and represents to his actual knowledge, there are no hazardous or toxic materials upon or within the Premises or Building. Landlord shall be solely responsible for the cost and timely performance of remediation of any hazardous or toxic materials which were caused by Landlord prior to the commencement of this Lease or during the term of this Lease. Tenant shall not be responsible for the release of any hazardous or toxic material caused by Landlord on the Premises or Building as defined by the following statutes, but not limited thereto, Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); Resource Conversation and Recovery Act (42 X.XX. Section 6901 et seq.); Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.) and all present or future regulations thereto; Department of Transportation Hazardous Materials Table (49 C.F.R. Part 172); and amendments thereto. This Agreement is the entire agreement of the parties and shall replace and supersede all prior arrangements, either oral or written, as to the subject matter hereof. This Agreement cannot be modified or cancelled except by written instrument signed by both parties.
Sample 1

Related to Environmental Warranties and Representations

  • GENERAL WARRANTIES AND REPRESENTATIONS The Borrower warrants and represents to the Agent and the Lenders that except as hereafter disclosed to and accepted by the Agent and the Majority Lenders in writing:

  • Seller’s Warranties and Representations The matters set forth in this Section 11.1 constitute representations and warranties by Seller which are now and (subject to matters contained in any notice given pursuant to the next succeeding sentence) shall, in all material respects, at the Closing be true and correct. If Seller learns of, or has a reason to believe that any of the representations and warranties contained in this Article 11 may cease to be true and correct, Seller shall give prompt notice to Purchaser (which notice shall include copies of the instrument, correspondence, or document, if any, upon which Seller’s notice is based) and, in such event, Purchaser may terminate this Agreement, upon written notice to Seller, without recourse against Seller; provided, however; Seller cannot act voluntary in a manner which would cause a representation and warranty to become materially incorrect or inaccurate. As used in this Section 11.1, the phrase “to the extent of Seller’s actual knowledge” shall mean the actual current knowledge of Xxxx Xxxxxxx, with respect to water and sewage issues only, Xxxxxx Xxxxxx, Xxxx Xxxxxxxxx, Xxxx Xxxxxx, Xxx Xxxxxxxx and Xxxxx Xxxxxx whom Seller represents to be the representatives of Seller having the responsibility for the management and sale of the Golf Course and accordingly the individuals responsible for being informed of matters relevant to this Agreement. There shall be no duty imposed or implied to investigate, inspect, or audit any such matters, and there shall be no imputed or personal liability on the part of such individuals. To the extent Purchaser has or acquires actual knowledge prior to the Closing Date that these representations and warranties are inaccurate, untrue or incorrect in any way, Purchaser may proceed to Closing without reduction in the Purchase Price and without recourse against Seller for such misrepresentation, in which even such representation or warranties shall be deemed modified to reflect Purchaser’s actual knowledge.

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • WARRANTIES AND REPRESENTATION 34.1 Neither of the Parties will be bound by any express or implied term, representation, warranty, promise or the like, not recorded herein.

  • Covenants, Warranties and Representations Each of the parties covenants, warrants and represents for itself as follows:

  • Environmental Warranties Except as previously disclosed in the SEC Disclosure Documents, as of the Closing Date: (a) all facilities and Property (including underlying groundwater) owned, operated or leased by the Borrower are in material compliance with all Environmental Laws, except for such instances of noncompliance as are unlikely, singly or in the aggregate, to have a Material Adverse Effect; (b) there have been no past, and there are no pending or threatened: (i) claims, complaints, notices or requests for information received by the Borrower with respect to any alleged violation of any Environmental Law or, (ii) complaints, notices or inquiries to the Borrower regarding potential liability under any Environmental Law; except as are unlikely, singly or in the aggregate, to have a Material Adverse Effect; (c) there have been no Releases of Hazardous Materials at, on or under any Property now or previously owned, operated or leased by the Borrower that, singly or in the aggregate, are reasonably likely to have a Material Adverse Effect; (d) the Borrower has been issued and is in material compliance with all permits, certificates, approvals, licenses and other authorizations relating to environmental matters and necessary for its businesses, except where the failure to maintain or comply with any of the foregoing is not reasonably likely to have a Material Adverse Effect during the term of this Agreement; (e) there are no underground storage tanks, active or abandoned, including petroleum storage tanks, on or under any Property now or previously owned, operated or leased by the Borrower, singly or in aggregate, that are reasonably likely to have a Material Adverse Effect; (f) the Borrower has not directly transported or directly arranged for the transportation of any Hazardous Material to any location which is listed or proposed for listing on the National Priorities List pursuant to CERCLA, on the CERCLIS or on any similar state list or which is the subject of Federal, state or local enforcement actions or other investigations which may lead to material claims against the Borrower for any remedial work, damage to natural resources or personal injury, including claims under CERCLA that, singly or in the aggregate, are reasonably likely to have a Material Adverse Effect during the term of this Agreement; (g) there are no polychlorinated biphenyls or friable asbestos present at any Property now or previously owned, operated or leased by the Borrower that, singly or in the aggregate, are reasonably likely to have a Material Adverse Effect during the term of this Agreement; and (h) no conditions exist at, on or under any Property now or previously owned or leased by the Borrower which, with the passage of time, or the giving of notice or both, would give rise to liability under any Environmental Law, which would have a Material Adverse Effect during the term of this Agreement.

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • Environmental Representations and Warranties Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

  • Representations, Warranties and Covenants of Buyer Buyer represents, and warrants to and covenants with Seller as follows:

  • Contractor Commitments, Warranties and Representations Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

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