Common use of Hazardous and Toxic Materials Clause in Contracts

Hazardous and Toxic Materials. Except as set forth in EXHIBIT 6.23 attached hereto, (a) to the best knowledge of the Company and each of its Subsidiaries, no hazardous or toxic waste or substance or any other contaminant or pollutant including without limitation any oil or pesticide ("Hazardous Materials") have been generated, used, treated or stored on, or transported to or from, any of the property owned, leased or operated by the Company or any of its Subsidiaries except in compliance with all applicable Environmental Laws, (b) to the best knowledge of the Company and its Subsidiaries, there have been no spills, discharges, releases or cleanups of any Hazardous Materials ("Hazardous Discharges") on any of the property owned, leased or operated by the Company or any of its Subsidiaries, except such Hazardous Discharges which do not violate any federal, state or local laws, ordinances, rules, regulations, or policies existing or enacted relating to the environment, health and safety, any Hazardous Discharges or to industrial hygiene or environmental conditions (collectively "Environmental Laws"), (c) the Company and its Subsidiaries are in compliance in all material respects with all applicable Environmental Laws and the requirements of any permits issued under such Environmental Laws with respect to any property owned, leased or operated by the Company or any of its Subsidiaries, and (d) there are no pending or, to the best knowledge of the Company and its Subsidiaries, threatened claims relating to the foregoing against the Company, any of its Subsidiaries or the property owned, leased or operated by the Company or its Subsidiaries.