HAZARDOUS MATERIAL DISCLOSURE. THIS SECTION 15 APPLIES ONLY IF THE USE OF THE ASSET BY SELLER HAS INVOLVED A HAZARDOUS MATERIAL. IF ASSET(S) HAS INVOLVED A HAZARDOUS MATERIAL, AUCTIONEER WILL IDENTIFY SUCH HAZARDOUS MATERIALS FOR PURCHASER PRIOR TO DELIVERY. THE ASSET HAS BEEN CLEANED, BUT SOME RESIDUAL AMOUNTS MAY REMAIN OR MAY HAVE LEACHED INTO THE ASSET STRUCTURE. PROPER PROTECTIVE GEAR AND CLOTHING, AND PROPER SAFETY METHODS SHOULD BE USED AT ALL TIMES WHEN HANDLING AND/OR USING THIS ASSET. MATERIAL SAFETY DATA SHEETS FOR THE HAZARDOUS MATERIALS USED ON THE ASSET WILL BE SENT TO PURCHASER VIA ELECTRONIC MAIL UPON PURCHASER’S WRITTEN REQUEST. PURCHASER AGREES THAT IN THE EVENT ASSET IS BEING PURC HASED FOR RESALE OR ASSET IS RESOLD PRIOR TO BEING USED BY PURCHASER, PURCHASER WILL ATTACH DISCLOSURE INFORMATION, SHOWN ABOVE, TO THE ASSET AND TO THE DOCUMENTATION COVERING THE SALE OF DESCRIBED ASSET. PURCHASER AGREES THAT IN THE EVENT ASSET IS BEING PURCHASED FOR RESALE OR ASSET IS RESOLD PRIOR TO BEING USED BY PURCHASER, PURCHASER WILL REQUIRE THAT THE ABOVE DISCLOSURE INFORMATION BE CONTINUOUSLY PASSED ON TO SUBSEQUENT BUYERS UNTIL THE ASSET HAS REACHED THE NEXT BUYER FOR POINT OF END USE.
HAZARDOUS MATERIAL DISCLOSURE. BUYER UNDERSTANDS THAT CERTAIN ITEMS OF EQUIPMENT MAY HAVE EMPLOYED HAZARDOUS MATERIALS. PROPER PROTECTIVE GEAR AND CLOTHING, AND PROPER SAFETY METHODS SHOULD BE USED AT ALL TIMES WHEN HANDLING AND/OR USING THIS EQUIPMENT. BUYER IS SOLELY LIABLE FOR ANY DAMAGES TO ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS OR SUBCONTRACTORS AT ANY LEVEL CAUSED BY THE HANDLING AND/OR USING OF THE EQUIPMENT.
HAZARDOUS MATERIAL DISCLOSURE. California law requires landlords to disclose to tenants the existence of certain Hazardous Materials (as defined in Section 8.2.1, below). Certain adhesives, paints and other construction materials and finishes used on portions of the Premises may contain Asbestos Containing Materials (ACMs) and/or lead based paint (LBP). In addition, . Lessee acknowledges that Lessor has provided Lessee with information concerning the ACMs and LBP that Lessor currently is aware exist on the Premises. By its execution of this Agreement, Lessee acknowledges that the notice set forth in this Section 3.5 shall constitute the notice required under California Health and Safety Code Section 25915.5.
HAZARDOUS MATERIAL DISCLOSURE. Seller and Buyer understand, acknowledge and agree that various materials may be utilized in the construction of any improvements or may already be existing in or on, around, or under the Property; and which materials may have contained materials that may have been or may in the future be determined to be toxic, hazardous or undesirable and may need to be specially treated, specially handled and/or removed from the property. (For example, some electrical transformers and other electrical components contain PCBs, and asbestos has been used in a wide variety of building components, such as fire-proofing, air duct insulation, acoustical tiling, spray-on acoustical materials, linoleum, floor tiling and plaster.) Due to current or prior uses, the property, of which the Property is a part, or the improvements thereto, may contain materials such as metal, minerals, chemicals, pesticides, arsenic, hydrocarbons biological or radioactive materials and other substances which are considered, or may in the future may be determined to be toxic waste, hazardous materials or undesirable substances. Such substances may be in above or below ground containers on the property, of which the Property are a part, or may be present on, or in soils, water, building components or other portions of the property, in areas that may or not be acceptable or noticeable. Current and/or future federal, state and local regulations may require the clean-up of such toxic, hazardous or undesirable materials at the expense of those persons who in past, present or future have had any interest in the Property, including, but not limited to, current, past and future owners and users of any such Property. Xxxxx agrees to be solely responsible for any such clean-up and to indemnify Seller and Seller’s affiliated companies against the same. Buyer hereby releases Seller and Seller’s affiliated companies from all such liability, except to the extent of a breach of warranty of Seller under this Agreement. SELLER AND BUYER HAVE BOTH BEEN ADVISED TO SEEK AND CONSULT WITH INDEPENDENT LEGAL COUNSEL AND HAVE CONSULTED WITH SUCH COUNSEL, TO THE EXTENT THAT EACH HAS DEEMED NECESSARY, PRIOR TO THE EXECUTION OF THIS AGREEMENT, TO DETERMINE THEIR POTENTIAL OBLIGATIONS AND LIABILITY WITH RESPECT TO SUCH TOXIC, HAZARDOUS AND UNDESIRABLE MATERIAL. Seller agrees that to its actual knowledge, without inquiry, the Property is not in violation of any federal, state or local law, ordinance or regulation relating to indus...
HAZARDOUS MATERIAL DISCLOSURE. Tenant, upon execution of this Agreement, shall furnish the Commission with a copy of any Safety Data Sheets (“SDS”) and any updates thereto, or any list of substances listed on the so-called Massachusetts Substance List, established pursuant to M.G.L. c. 111F that Tenant is required to prepare, file or maintain pursuant to said c.111F for any substances used or stored on the Premises or at the Airport. If such SDS or lists are changed or updated during the Term, Tenant shall promptly furnish a copy of such updated or changed SDS or list to the Commission.
HAZARDOUS MATERIAL DISCLOSURE. There are many hazardous materials that could affect the properties that Tenant may be shown or will inspect as a potential Tenant. The Broker will generally have no knowledge of these hazardous materials and does not have the technical expertise to advise you of their presence or to ascertain whether or not they are present. Hazardous substances in the home can include cleaning chemicals, paint, lawn and garden chemicals and a variety of indoor air pollutants that may accumulate in improperly ventilated buildings. Hazardous substances outside the home include those found in contaminated land water, landfills and other disposal sites, and industrial air and water emissions. Some of the more common hazardous substances are asbestos, groundwater contamination, lead base paint, urea formaldehyde foam insulation (UFFI) and radon gas. Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information about radon and radon testing may be obtained from your county public health unit. Generally additional information pertaining to those substances is available from the U.S. Environmental Protection Agency or the Florida Department of Health and Rehabilitative Services.
