Environmental Warranty. Mortgagor represents and warrants to Mortgagee that, except as set forth in any environmental site assessment provided to Mortgagee: (a) Neither Mortgagor nor, to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes of this representation and warranty, Regulated Substances shall include (but are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined). (b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property. (c) To the best of Mortgagor's knowledge, there is no asbestos or asbestos-containing material located on any part of the Mortgaged Property. (d) To the best of Mortgagor's knowledge, the Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating to sewage systems and treatment. If there is on-site sewage treatment, all necessary permits have been obtained and remain in effect with respect to those treatment facilities, and no discharge of raw, untreated or inadequately treated sewage from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect. (e) No part of the Mortgaged Property, nor any property adjoining, or in the proximity of, the Mortgaged Property is presently listed as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency. (f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged Property. Any underground storage tanks located on the Mortgaged Property shall be properly registered under, and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, all Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom. (g) Mortgagor shall promptly notify Mortgagee in writing of any pending or threatened investigation or litigation by any governmental authority or by any third party relating to the Mortgaged Property and arising under any Environmental Law or alleging a common law or statutory nuisance. Mortgagor shall, within two (2) business days of receipt, deliver to Mortgagee a copy of all notices, pleadings or other materials of any kind received from any public authority or any third party relating in any manner to any of the matters set forth in this Section 7.1. (h) Mortgagee shall, within two (2) business days after becoming aware of the release, discharge, spill, or other disposal of any Regulated Substances on any part of the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor shall forthwith proceed to correct or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority. (i) For purposes of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution), 3704 (Air Pollution), 3734 (Solid & Hazardous Waste), 3747 (Radioactive Waste), and 3751 (Hazardous Substances), all as amended from time to time.
Appears in 12 contracts
Samples: Open End Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Avalon Holdings Corp), Open End Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Avalon Holdings Corp), Open End Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Avalon Holdings Corp)
Environmental Warranty. Mortgagor represents and warrants to Mortgagee that, except as set forth in any environmental site assessment provided to Mortgagee:
(a) Neither Mortgagor nor, to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes of this representation and warranty, Regulated Substances shall include (but are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined).
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there There is no asbestos or asbestos-containing material located on any part of the Mortgaged Property.
(d) To the best of Mortgagor's knowledge, the The Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating to sewage systems and treatmentthe Sewage Facilities Act, 35 Xxxxxx'x Stats. 750.1, et seq. If there is on-site sewage treatment, all necessary permits have been obtained and remain in effect with respect to those treatment facilities, and no discharge of raw, untreated or inadequately treated sewage from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect.
(e) No part of the Mortgaged Property, nor any property adjoining, or in the proximity of, the Mortgaged Property is presently listed as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged Property. Any underground storage tanks located on the Mortgaged Property shall be properly registered underunder the Storage Tank and Spill Prevention Act, 35 Xxxxxx'x Stats. 6021.101 et seq., and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, with that act and with all other Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom.
(g) Mortgagor shall promptly notify Mortgagee in writing of any pending or threatened investigation or litigation by any governmental authority or by any third party relating to the Mortgaged Property and arising under any Environmental Law or alleging a common law or statutory nuisance. Mortgagor shall, within two (2) business days of receipt, deliver to Mortgagee a copy of all notices, pleadings or other materials of any kind received from any public authority or any third party relating in any manner to any of the matters set forth in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware of the release, discharge, spill, or other disposal of any Regulated Substances on any part of the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor shall forthwith proceed to correct or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution)the Solid Waste Management Act, 3704 (Air Pollution)35 Xxxxxx'x Stats. 6018.101, 3734 (Solid & et seq., the Clean Streams Law, 35 Xxxxxx'x Stats. 591.1, et seq., the Hazardous Waste)Sites Cleanup Act, 3747 (Radioactive Waste)35 Xxxxxx'x Stats. 6020.101, et seq., and 3751 (Hazardous Substances)the Dam Safety Encroachments Act, 32 Xxxxxx'x Stats. 693.1, et seq., all as amended from time to time.
Appears in 5 contracts
Samples: Open End Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Avalon Holdings Corp), Open End Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Avalon Holdings Corp), Open End Mortgage, Assignment of Leases, Security Agreement and Fixture Filing (Avalon Holdings Corp)
Environmental Warranty. Mortgagor The Tenant represents and warrants to Mortgagee that, except the Landlord as set forth in any environmental site assessment provided to Mortgageefollows:
(a) Neither Mortgagor nor26.1. The Tenant will operate the Property in such a manner as to comply with all Environmental Laws, and Tenant shall handle all Hazardous Materials used in the Tenant’s business according to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with applicable Environmental Laws (as hereinafter defined)Laws. For purposes of this representation Lease, Environmental Laws shall mean any federal, state or local law, common law, statute, ordinance, administrative rule, general policy statement or guideline of any regulatory agency, or general policy statement or guideline of any regulatory agency, or regulation, pertaining to health, industrial hygiene or the regulation or protection of the environment, and warrantyany other federal, Regulated state or local law, common law, statute, ordinance, administrative rule, general policy statement or guideline of any regulatory agency, or regulation now in effect or hereinafter enacted or amended that pertains to health, industrial hygiene or the regulation or protection of the environment and Hazardous Substances shall include (but are not necessarily limited toi) any substances material, waste or substance that are defined as "hazardous" is petroleum or "toxic" or otherwise regulated under any locala petroleum byproduct, state or federal Environmental Law (as hereinafter defined).
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there is no asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive or freon gas; and (ii) any other substance, material located on or waste that is or that becomes listed as hazardous, toxic, pollutant or contaminant under any part Environmental Laws.
26.2. The Tenant will use its best efforts not to engage in any activities that constitute spilling, leaking, emitting, dumping or disposing into the environment of any Hazardous Materials on, at or near the Mortgaged Property.
(d) To 26.3. The Tenant will obtain, prior to the best Commencement Date, and maintain all required licenses and permits required to operate its business on the Property or pursuant to Environmental Law, and will provide the Landlord with evidence of Mortgagor's knowledgethe same upon request.
26.4. In addition to any other agreement to indemnify contained in this Lease, the Mortgaged Tenant hereby agrees to indemnify the Landlord and hold the Landlord and its respective members, managers, partners, directors, officers, shareholders, employees and agents (collectively, the “Landlord Related Parties”) harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses (including, without limitation, attorney’s fees and expenses and investigation fees and expenses), penalties and/or claims of any kind whatsoever incurred or suffer by Landlord (including, without limitation, those arising under common law or the Environmental Laws) caused by or resulting from:
26.4.1. the release or threatened release, discharge or presence of suspected release, discharge or presence of any Hazardous Material(s), on the Property is being operated in compliance with all applicable during the Tenant’s possession thereof (except to the extent arising out of the acts of the Landlord);
26.4.2. the violation of any Environmental Laws relating to sewage systems and treatment. If there is on-site sewage treatment, all necessary permits have been obtained and remain in effect with respect to those treatment facilities, and no discharge of raw, untreated or inadequately treated sewage from affecting the Mortgaged Property has which occurred or will occur at any time that this Mortgage remains in effect.
(e) No part during the Tenant’s possession of the Mortgaged PropertyProperty (except to the extent arising out of the acts of the Landlord); and
26.4.3. the failure of the Tenant to comply fully with the terms and provisions of this Lease, nor any property adjoiningincluding, or in without limitation, those concerning the proximity of, the Mortgaged Property is presently listed as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged Property. Any underground storage tanks located on the Mortgaged Property shall be properly registered under, and all tanks, fuel lines and dispensing equipment shall be maintained in Tenant’s compliance with, all with Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom.regarding actions affecting or potentially affecting the Property during the Tenant’s possession thereof;
(g) Mortgagor 26.5. This Article shall promptly notify Mortgagee in writing of any pending survive the expiration or threatened investigation or litigation by any governmental authority or by any third party relating to the Mortgaged Property and arising under any Environmental Law or alleging a common law or statutory nuisance. Mortgagor shall, within two (2) business days of receipt, deliver to Mortgagee a copy of all notices, pleadings or other materials of any kind received from any public authority or any third party relating in any manner to any of the matters set forth in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware of the release, discharge, spill, or other disposal of any Regulated Substances on any part of the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor shall forthwith proceed to correct or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes earlier termination of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seqLease., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution), 3704 (Air Pollution), 3734 (Solid & Hazardous Waste), 3747 (Radioactive Waste), and 3751 (Hazardous Substances), all as amended from time to time.
Appears in 5 contracts
Samples: Lease Agreement (Great White Energy Services, Inc.), Lease Agreement (Great White Energy Services, Inc.), Lease Agreement (Great White Energy Services, Inc.)
Environmental Warranty. Mortgagor represents The Tenant is liable to the Landlord for the release of any hazardous materials, substances, contaminants, pollutants, toxic gases or wastes (hereinafter referred to as “Pollutants”) which were caused by the Tenant or anyone for whom the Tenant is at law responsible following the full execution of this Lease which occurs on the Leased Premises and warrants to Mortgagee thator the Property, except as set forth and which might impair the quality of air, land or water, affect human health, or damage any plant, animal life, land, building or structure or which is otherwise in contravention of any environmental site assessment provided to Mortgagee:
(a) Neither Mortgagor nor, law. The Landlord and the Tenant agree that the Tenant shall not be responsible for any pre-existing Pollutants within the Lease Premises prior to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes full execution of this representation Lease. The Tenant covenants and warranty, Regulated Substances shall include (but agrees to ensure that all uses and activities on the Leased Premises are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined).
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there is no asbestos or asbestos-containing material located on any part of the Mortgaged Property.
(d) To the best of Mortgagor's knowledge, the Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating current and all future federal, provincial, and municipal laws and regulations, and/or any permits or authorizations granted thereunder. Without limiting the generality of the foregoing, the Tenant shall ensure compliance with all federal, provincial, and municipal environmental, health and safety laws. Any breaches of environmental or health and safety laws, past, present, or future, and any breaches of the Tenant’s covenants herein, shall be resolved expeditiously by the Tenant to sewage systems and treatmentthe Landlord’s satisfaction. If there is on-site sewage treatmentthe Tenant fails to resolve such breaches to the Landlord’s satisfaction, all necessary permits have been obtained the Landlord may rectify such breaches in its sole option. All expenses incurred by the Landlord, including reasonable legal expenses on a solicitor and remain in effect with respect to those treatment facilitiesclient full indemnity basis and the costs of environmental tests, audits, reviews, remediation, and no discharge an administration fee in the amount of raw, untreated or inadequately treated sewage from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect.
Fifteen percent (e15%) No part of the Mortgaged Propertyaggregate of all such costs, nor any property adjoiningshall be paid by the Tenant forthwith on demand and shall be collectible by the Landlord--from fne-TenanfasAcfclilionafRenC·Except mffie event oTari emergency, or in either-xxx-xxx perceived, ii is understood and agreed that upon the proximity ofprovision of reasonable, prior written notice to the Tenant, the Mortgaged Property is presently listed Landlord and/or its agent(s), including consultants, have the ongoing right to enter upon the Leased Premises, from time-to-lime, so that ii may carry out such environmental tests, audits and reviews as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged PropertyLandlord considers necessary. Any underground storage tanks located on the Mortgaged Property shall be properly registered under, and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, all Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom.
(g) Mortgagor The Tenant shall promptly notify Mortgagee the Landlord in writing of any pending release of any Pollutants or threatened investigation any other occurrence or litigation condition at the Leased Premises which could contaminate the Leased Premises or subject the Landlord or the Tenant to any fines, penalties, orders, investigations, or proceedings under any federal, provincial, and municipal environmental, health and safety laws. On the expiry or earlier termination of this Lease or at any lime if required by any governmental authority pursuant to any federal, provincial and municipal environmental, health and safety laws, the Tenant shall remove from the Leased Premises all Pollutants released by the Tenant or any person for whom the Tenant is responsible for at law before or after the commencement of the Term, and the Tenant shall remediate any contamination of the Leased Premises or any adjacent properties or roads resulting from Pollutants, in either case, brought onto, used or released from the Leased Premises by the Tenant or any third party relating person for whom it is in law responsible before the commencement of the Term or during the Term of this Lease. The Tenant shall use a qualified environmental consultant to perform the remediation. The Tenant shall, at its own cost, obtain such approvals and certificates in respect of the remediation as are required under all federal, provincial, and municipal environmental, health and safety laws to evidence completion of the remediation satisfactory to the Mortgaged Property and arising under applicable governmental authority having jurisdiction. All such Pollutants shall remain the property of the Tenant, notwithstanding any Environmental Law or alleging a common rule of law or statutory nuisanceother provision of this Lease to the contrary and notwithstanding the degree of their affixation to the Leased Premises. Mortgagor shallThe Tenant shall indemnify the Landlord and its directors, within two (2) business days of receiptofficers, deliver to Mortgagee a copy of all noticesshareholders, pleadings or other materials of any kind received employees, agents, successors and assigns, from any public authority or any third party relating in any manner to any and all liabilities, actions, damages, claims, remediation, cost recovery claims, losses, costs, orders, fines, penalties and expenses whatsoever (including all consulting and reasonable legal costs on a solicitor and client full indemnity basis and the cost of remediation of the matters set forth Leased Premises and any adjacent properties and roads) arising from or in connection with any breach or non compliance by the Tenant with the provisions in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware 21. The obligation of the releaseTenant to undertake clean-ups, dischargeto make repairs, spillobtain approvals and certificates, indemnify the Landlord or other disposal of any Regulated Substances on any part of otherwise comply with the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor obligations under this Section 21 shall forthwith proceed to correct survive the expiry or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes earlier termination of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seqLease., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution), 3704 (Air Pollution), 3734 (Solid & Hazardous Waste), 3747 (Radioactive Waste), and 3751 (Hazardous Substances), all as amended from time to time.
Appears in 1 contract
Samples: Lease Agreement (Adven Inc.)
Environmental Warranty. Mortgagor represents and warrants to Mortgagee that, except as set forth in any environmental site assessment provided to Mortgagee:
(a) Neither Mortgagor nor, to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes of this representation and warranty, Regulated Substances shall include (but are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined).
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there There is no asbestos or asbestos-containing material located on any part of the Mortgaged Property.
(d) To the best of Mortgagor's knowledge, the The Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating to sewage systems and treatmentthe Sewage Facilities Act, 35 Pxxxxx'x Stats. 750.1, et seq. If there is on-site sewage treatment, all necessary permits have been obtained and remain in effect with respect to those treatment facilities, and no discharge of raw, untreated or inadequately treated sewage from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect.
(e) No part of the Mortgaged Property, nor any property adjoining, or in the proximity of, the Mortgaged Property is presently listed as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged Property. Any underground storage tanks located on the Mortgaged Property shall be properly registered underunder the Storage Tank and Spill Prevention Act, 35 Pxxxxx'x Stats. 6021.101 et seq., and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, with that act and with all other Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom.
(g) Mortgagor shall promptly notify Mortgagee in writing of any pending or threatened investigation or litigation by any governmental authority or by any third party relating to the Mortgaged Property and arising under any Environmental Law or alleging a common law or statutory nuisance. Mortgagor shall, within two (2) business days of receipt, deliver to Mortgagee a copy of all notices, pleadings or other materials of any kind received from any public authority or any third party relating in any manner to any of the matters set forth in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware of the release, discharge, spill, or other disposal of any Regulated Substances on any part of the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor shall forthwith proceed to correct or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution)the Solid Waste Management Act, 3704 (Air Pollution)35 Pxxxxx'x Stats. 6018.101, 3734 (Solid & et seq., the Clean Streams Law, 35 Pxxxxx'x Stats. 591.1, et seq., the Hazardous Waste)Sites Cleanup Act, 3747 (Radioactive Waste)35 Pxxxxx'x Stats. 6020.101, et seq., and 3751 (Hazardous Substances)the Dam Safety Encroachments Act, 32 Pxxxxx'x Stats. 693.1, et seq., all as amended from time to time.
Appears in 1 contract
Environmental Warranty. Mortgagor represents The Tenant is liable to the Landlord for the release of any hazardous materials, substances, contaminants, pollutants, toxic gases or wastes (hereinafter referred to as “Pollutants”) which were caused by the Tenant or anyone for whom the Tenant is at law responsible following the full execution of this Lease which occurs on the Leased Premises and warrants to Mortgagee thator the Property, except as set forth and which might impair the quality of air, land or water, affect human health, or damage any plant, animal life, land, building or structure or which is otherwise in contravention of any environmental site assessment provided to Mortgagee:
(a) Neither Mortgagor nor, law. The Landlord and the Tenant agree that the Tenant shall not be responsible for any pre-existing Pollutants within the Lease Premises prior to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes full execution of this representation Lease. The Tenant covenants and warranty, Regulated Substances shall include (but agrees to ensure that all uses and activities on the Leased Premises are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined).
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there is no asbestos or asbestos-containing material located on any part of the Mortgaged Property.
(d) To the best of Mortgagor's knowledge, the Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating current and all future federal, provincial, and municipal laws and regulations, and/or any permits or authorizations granted thereunder. Without limiting the generality of the foregoing, the Tenant shall ensure compliance with all federal, provincial, and municipal environmental, health and safety laws. Any breaches of environmental or health and safety laws, past, present, or future, and any breaches of the Tenant’s covenants herein, shall be resolved expeditiously by the Tenant to sewage systems and treatmentthe Landlord’s satisfaction. If there is on-site sewage treatmentthe Tenant fails to resolve such breaches to the Landlord’s satisfaction, all necessary permits have been obtained the Landlord may rectify such breaches in its sole option. All expenses incurred by the Landlord, including reasonable legal expenses on a solicitor and remain in effect with respect to those treatment facilitiesclient full indemnity basis and the costs of environmental tests, audits, reviews, remediation, and no discharge an administration fee in the amount of rawFifteen percent (15%) of the aggregate of all such costs, untreated or inadequately treated sewage shall be paid by the Tenant forthwith on demand and shall be collectible by the Landlord from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect.
(e) No part of the Mortgaged Property, nor any property adjoining, or Tenant as Additional Rent. Except in the proximity ofevent of an emergency, either real or perceived, it is understood and agreed that upon the provision of reasonable, prior written notice to the Tenant, the Mortgaged Property is presently listed Landlord and/or its agent(s), including consultants, have the ongoing right to enter upon the Leased Premises, from time-to-time, so that it may carry out such environmental tests, audits and reviews as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged PropertyLandlord considers necessary. Any underground storage tanks located on the Mortgaged Property shall be properly registered under, and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, all Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom.
(g) Mortgagor The Tenant shall promptly notify Mortgagee the Landlord in writing of any pending release of any Pollutants or threatened investigation any other occurrence or litigation condition at the Leased Premises which could contaminate the Leased Premises or subject the Landlord or the Tenant to any fines, penalties, orders, investigations, or proceedings under any federal, provincial, and municipal environmental, health and safety laws. On the expiry or earlier termination of this Lease or at any time if required by any governmental authority pursuant to any federal, provincial and municipal environmental, health and safety laws, the Tenant shall remove from the Leased Premises all Pollutants released by the Tenant or any person for whom the Tenant is responsible for at law before or after the commencement of the Term, and the Tenant shall remediate any contamination of the Leased Premises or any adjacent properties or roads resulting from Pollutants, in either case, brought onto, used or released from the Leased Premises by the Tenant or any third party relating person for whom it is in law responsible before the commencement of the Term or during the Term of this Lease. The Tenant shall use a qualified environmental consultant to perform the remediation. The Tenant shall, at its own cost, obtain such approvals and certificates in respect of the remediation as are required under all federal, provincial, and municipal environmental, health and safety laws to evidence completion of the remediation satisfactory to the Mortgaged Property and arising under applicable governmental authority having jurisdiction. All such Pollutants shall remain the property of the Tenant, notwithstanding any Environmental Law or alleging a common rule of law or statutory nuisanceother provision of this Lease to the contrary and notwithstanding the degree of their affixation to the Leased Premises. Mortgagor shallThe Tenant shall indemnify the Landlord and its directors, within two (2) business days of receiptofficers, deliver to Mortgagee a copy of all noticesshareholders, pleadings or other materials of any kind received employees, agents, successors and assigns, from any public authority or any third party relating in any manner to any and all liabilities, actions, damages, claims, remediation, cost recovery claims, losses, costs, orders, fines, penalties and expenses whatsoever (including all consulting and reasonable legal costs on a solicitor and client full indemnity basis and the cost of remediation of the matters set forth Leased Premises and any adjacent properties and roads) arising from or in connection with any breach or non-compliance by the Tenant with the provisions in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware 21. The obligation of the releaseTenant to undertake clean-ups, dischargeto make repairs, spillobtain approvals and certificates, indemnify the Landlord or other disposal of any Regulated Substances on any part of otherwise comply with the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor obligations under this Section 21 shall forthwith proceed to correct survive the expiry or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes earlier termination of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seqLease., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution), 3704 (Air Pollution), 3734 (Solid & Hazardous Waste), 3747 (Radioactive Waste), and 3751 (Hazardous Substances), all as amended from time to time.
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Samples: Lease Agreement (Adven Inc.)
Environmental Warranty. Mortgagor represents and warrants to Mortgagee that, except as set forth in any environmental site assessment provided to Mortgagee:
(a) Neither Mortgagor nor, to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes of this representation and warranty, Regulated Substances shall include (but are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined).
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part of the Mortgaged Property, nor any third party, has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there There is no asbestos or asbestos-containing material located on any part of the Mortgaged Property.
(d) To the best of Mortgagor's knowledge, the The Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating to sewage systems and treatmentthe Sewage Facilities Act, 35 Purdon's Stats. 000.0, xt seq. If there is on-site sewage treatment, all necessary permits have been obtained and remain in effect with respect to those treatment facilities, and no discharge of raw, untreated or inadequately treated sewage from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect.
(e) No part of the Mortgaged Property, nor any property adjoining, or in the proximity of, the Mortgaged Property is presently listed as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged Property. Any underground storage tanks located on the Mortgaged Property shall be properly registered underunder the Storage Tank and Spill Prevention Act, 35 Purdon's Stats. 0000.000 et seq., and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, with that act and with all other Environmental Laws pertaining to underground storage tanks and dispensing of any product therefrom.
(g) Mortgagor shall promptly notify Mortgagee in writing of any pending or threatened investigation or litigation by any governmental authority or by any third party relating to the Mortgaged Property and arising under any Environmental Law or alleging a common law or statutory nuisance. Mortgagor shall, within two (2) business days of receipt, deliver to Mortgagee a copy of all notices, pleadings or other materials of any kind received from any public authority or any third party relating in any manner to any of the matters set forth in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware of the release, discharge, spill, or other disposal of any Regulated Substances on any part of the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor shall forthwith proceed to correct or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution)the Solid Waste Management Act, 3704 (Air Pollution)35 Purdon's Stats. 0000.000, 3734 (Solid & et seq., the Clean Streams Law, 35 Purdon's Stats. 000.0, xt seq., the Hazardous Waste)Sites Cleanup Act, 3747 (Radioactive Waste)35 Purdon's Stats. 0000.000, et seq., and 3751 (Hazardous Substances)the Dam Safety Encroachments Act, 32 Purdon's Stats. 000.0, xt seq., all as amended from time to time.
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Environmental Warranty. Mortgagor Tenant represents and warrants to Mortgagee thatLandlord and, except as set forth in any environmental site assessment provided to Mortgageehereby required by Landlord, Lender:
(a) Neither Mortgagor norTenant complies and at all times has been in full compliance with, to the best of Mortgagor's knowledge, any previous owner, lessee, or other occupant of all or any part and each of the Mortgaged PropertyProjects complies and has at all times been in full compliance with, nor any third partyin all material respects, has used, generated, released, discharged, spilled, emitted, stored or otherwise managed any hazardous waste, toxic substances or other regulated materials (all of which are collectively called "Regulated Substances") on any part of the Mortgaged Property, except in compliance with Environmental Laws (as hereinafter defined). For purposes of this representation and warranty, Regulated Substances shall include (but are not necessarily limited to) any substances that are defined as "hazardous" or "toxic" or otherwise regulated under any local, state or federal Environmental Law (as hereinafter defined).Laws;
(b) Neither the Mortgagor, nor, to the best of Mortgagor's knowledge, any previous owner, Lessee, or other occupant of all or any part Tenant and each of the Mortgaged Property, nor any third party, Projects has disposed of any Regulated Substances on any part of the Mortgaged Property.
(c) To the best of Mortgagor's knowledge, there is no asbestos or asbestos-containing material located on any part of the Mortgaged Property.
(d) To the best of Mortgagor's knowledge, the Mortgaged Property is being operated in compliance with all applicable Environmental Laws relating to sewage systems and treatment. If there is on-site sewage treatment, all necessary permits have been obtained and remain in effect with respect to those treatment facilities, and no discharge of raw, untreated or inadequately treated sewage from the Mortgaged Property has occurred or will occur at any time that this Mortgage remains in effect.
(e) No part of the Mortgaged Property, nor any property adjoining, or in the proximity of, the Mortgaged Property is presently listed as a Superfund Site on the National Priorities List, has been listed on CERCLIS, or has been identified on any similar list compiled by any governmental agency.
(f) To the best of Mortgagor's knowledge, there are no underground storage tanks located on the Mortgaged Property. Any underground storage tanks located on the Mortgaged Property shall be properly registered under, and all tanks, fuel lines and dispensing equipment shall be maintained in compliance with, all permits, licenses, authorizations, registrations and other governmental consents ("Environmental Permits") required by applicable Environmental Laws, and has made all appropriate filings for the issuance or renewal of such Environmental Permits;
(c) no written notices, complaints or claims of violation or non-compliance with Environmental Laws pertaining or potential liability under Environmental Laws or relating to environmental matters have been received by Tenant and, no federal, state or local environmental investigation or proceeding is pending or, to Tenant's knowledge, threatened with regard to any Project or any use thereof or any alleged violation of Environmental Laws with regard to any Project;
(d) none of the Projects, or any portion thereof, has been used by Tenant or by any prior owner for the generation, manufacture, storage, handling, use, transfer, treatment, recycling, transportation, processing, production, refinement or disposal of any Hazardous Substance other than in connection with the customary operation and maintenance of a Project and in commercially reasonable quantities as a consumer thereof, subject to, in any event, compliance with Environmental Laws;
(e) no underground storage tanks and dispensing of or surface impoundments have been installed in any product therefrom.
(g) Mortgagor shall promptly notify Mortgagee in writing of any pending or threatened investigation or litigation Project by any governmental authority Tenant or by any third party relating other person or entity, and, except as otherwise set forth in any Phase I environmental report delivered to Landlord in connection with its acquisition of the Mortgaged Property and arising under Projects, there exists no Hazardous Substance contamination at, on, under, or within any Environmental Law Project, whether originating on or alleging a common law off the applicable Project;
(f) except as otherwise specifically set forth in the Phase I environmental reports delivered to Landlord in connection with its acquisition of the Projects, no Hazardous Substances (including, without limitation, asbestos) are present or statutory nuisance. Mortgagor shallhave been Released or are threatened to be Released at, on, under, within two (2) business days of receipt, deliver or emanating to Mortgagee a copy of all notices, pleadings or other materials of any kind received from any public authority or any third party relating in any manner to any of the matters set forth in this Section 7.1.
(h) Mortgagee shall, within two (2) business days after becoming aware of the release, discharge, spill, Projects or other disposal of any Regulated Substances on any part of the Mortgaged Property, notify Mortgagee in writing as to such occurrence, and Mortgagor shall forthwith proceed to correct or remedy such condition as expeditiously as possible in compliance with all applicable Environmental Laws and in full cooperation with any appropriate governmental authority.
(i) For purposes of this Section 8.1, the term "Environmental Laws" shall mean all federal, state and local laws, statutes, codes, and ordinances pertaining to the protection of human health or the environment, together with any administrative regulations promulgated under any of the foregoing, including those statutes previously identified above, and further including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C.A. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., and ORC Chapters 1511 (Water Pollution), 3704 (Air Pollution), 3734 (Solid & Hazardous Waste), 3747 (Radioactive Waste), and 3751 (Hazardous Substances), all as amended from time to time.portion thereof; and
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