Common use of Hazardous Materials; Contamination Clause in Contracts

Hazardous Materials; Contamination. (a) Give notice to Secured Party immediately upon Debtor’s acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) on any property owned, controlled or leased by Debtor or for which Debtor is responsible or of any Hazardous Materials Contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any Governmental Requirements requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authority; (c) provide Secured Party, within 30 days after a demand by Secured Party, with a bond, letter-of-credit or similar financial assurance evidencing to Secured Party’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor or for which Debtor is responsible; and (d) defend, indemnify and hold harmless Secured Party and its directors, officers, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor for which Debtor is responsible for any Hazardous Materials Contamination.

Hazardous Materials; Contamination. Borrower agrees to (a) Give give notice to Secured Party Lender immediately upon DebtorBorrower’s acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements laws and are in DebtorBorrower’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor Borrower or for which Debtor Borrower is responsible or of any Hazardous Materials Contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any Governmental Requirements laws requiring the removal, treatment treatment, or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment assessment, or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authoritygovernmental authority; (c) provide Secured PartyLender, within 30 days after a demand by Secured PartyLender, with a bond, letter-of-credit credit, or similar financial assurance evidencing to Secured PartyLender’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which that may be established as a result thereof on any property owned or controlled by Debtor Borrower or for which Debtor Borrower is responsible; and (d) defend, indemnify indemnify, and hold harmless Secured Party Lender and its directors, officers, employees, agents, representatives, affiliates, trustees, successors successors, and assigns from any and all claims which that may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor Borrower for which Debtor Borrower is responsible for any Hazardous Materials Contamination.

Hazardous Materials; Contamination. Borrower agrees to, (a) Give give notice to Secured Party Lender immediately upon DebtorBorrower’s acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements Laws and are in DebtorBorrower’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor Borrower or for which Debtor Borrower is responsible or of any Hazardous Materials Contamination contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination contamination and provide Secured Party Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authority; (c) provide Secured PartyLender, within 30 days after a demand by Secured PartyLender, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured PartyLender’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination contamination identified to Lender under the terms of this Section and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor Borrower or for which Debtor Borrower is responsible; and (d) defend, indemnify and hold harmless Secured Party Lender and its directors, officers, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor Borrower for which Debtor Borrower is responsible for any Hazardous Materials Contaminationcontamination.

Hazardous Materials; Contamination. The Borrower agrees to: (a) Give give notice to Secured Party the Lender immediately upon Debtor’s the Borrower's acquiring knowledge of the presence of any Hazardous Materials and of any Hazardous Materials Contamination on any property owned or controlled by the Borrower or for which the Borrower is, or is claimed to be, responsible (other than those provided that such notice shall not be required for Hazardous Materials placed or stored on such property in compliance accordance with applicable Governmental Requirements and are in Debtor’s possession Laws in the ordinary course (including, without limitation, quantity) of businessthe Borrower's line of business expressly described in this Agreement) on any property owned, controlled or leased by Debtor or for which Debtor is responsible or of any Hazardous Materials Contamination Contamination, with a full description thereof for which remedial or corrective action is requiredthereof; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party the Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authoritycompliance; (c) provide Secured Partythe Lender, within 30 thirty (30) days after a demand by Secured Partythe Lender, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured Party’s reasonable the Lender's satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of such Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor the Borrower or for which Debtor the Borrower is, or is claimed to be, responsible; and (d) as part of the Obligations, defend, indemnify and hold harmless Secured Party the Lender and its directors, officersagents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials or of any Hazardous Materials Contamination on any property owned or controlled by Debtor the Borrower or for which Debtor the Borrower is, or is responsible for any Hazardous Materials Contamination.claimed to be, responsible. The Borrower acknowledges and agrees that this indemnification shall survive the termination of this Agreement and the Commitment and the payment and performance of all of the other Obligations. 6.1.14

Hazardous Materials; Contamination. The Borrowers agree to (a) Give give notice to Secured Party immediately the Agent promptly upon Debtor’s the Borrower's acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor the Borrower or for which Debtor the Borrower is responsible or of any Hazardous Materials Contamination with a full description thereof thereof, except for which remedial or corrective action is requiredreasonable quantities of necessary supplies for use by the Borrower in the ordinary course of the its current line of business and stored, used and disposed in accordance with applicable Laws; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party the Agent with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authoritycompliance; (c) provide Secured Partythe Agent, within 30 thirty (30) days after a demand by Secured Partythe Agent, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured Party’s reasonable the Agent's satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of such Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor either Borrower or for which Debtor either Borrower is responsible; and (d) defend, indemnify and hold harmless Secured Party the Agent and its directors, officersagents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor either Borrower for which Debtor either Borrower is responsible for any Hazardous Materials Contamination.

Hazardous Materials; Contamination. The Administrative Agent shall have the right, in its sole but reasonable discretion, to obtain (at Guarantors' expense) environmental reports for the Facilities. Guarantors shall (a) Give give notice to Secured Party immediately upon Debtor’s the Administrative Agent within five (5) Banking Days of any Guarantor's acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor any of Guarantors or for which Debtor any of Guarantors is responsible or of any Hazardous Materials Contamination contamination with a full description thereof thereof, except for which remedial or corrective action is requiredreasonable quantities of necessary supplies for use by Guarantors in the ordinary course of their current line of business and stored, used and disposed of in accordance with applicable Legal Requirements; (b) promptly take action to comply with any Governmental Requirements laws requiring the special handling, maintenance, servicing, removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination contamination and provide Secured Party the Administrative Agent upon request with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authoritycompliance; (c) provide Secured Partythe Administrative Agent, within 30 thirty (30) days after a demand by Secured Partythe Administrative Agent, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured Party’s reasonable the Administrative Agent's satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of such Hazardous Materials described in item (b) or Hazardous Materials Contamination contamination and discharging any Lien lien which may be established as a result thereof on any property owned owned, operated or controlled by Debtor any of Guarantors or for which Debtor is any of Guarantors are responsible; and (d) defend, indemnify and hold harmless Secured Party the Administrative Agent, the Lenders and its directors, officerseach of their agents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor for which Debtor is responsible for any Hazardous Materials Contaminationin the Facilities.

Hazardous Materials; Contamination. The Borrowers agree to (a) Give give notice to Secured Party immediately the Agent promptly upon Debtor’s any Borrower's acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor any Borrower or for which Debtor any Borrower is responsible or of any Hazardous Materials Contamination with a full description thereof thereof, except for which remedial or corrective action is requiredreasonable quantities of necessary supplies for use by such Borrower in the ordinary course of the its current line of business and stored, used and disposed in accordance with applicable Laws; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party the Agent with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authoritycompliance; (c) provide Secured Partythe Agent, within 30 thirty (30) days after a demand by Secured Partythe Agent, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured Party’s reasonable the Agent's satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of such Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor any Borrower or for which Debtor any Borrower is responsible; and (d) defend, indemnify and hold harmless Secured Party the Agent and its directors, officersagents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor any Borrower for which Debtor any Borrower is responsible for any Hazardous Materials Contamination.

Hazardous Materials; Contamination. The Borrowers agree to (a) Give give notice to Secured Party the Lender immediately upon Debtor’s either Borrowers' acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor any of the Borrowers or for which Debtor any of the Borrowers is responsible or of any Hazardous Materials Contamination with a full description thereof for which remedial or corrective action is requiredthereof; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party the Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authoritycompliance; (c) provide Secured Partythe Lender, within 30 thirty (30) days after a demand by Secured Partythe Lender, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured Party’s reasonable the Lender's satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of such Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor either Borrower or for which Debtor either Borrower is responsible; and (d) defend, indemnify and hold harmless Secured Party the Lender and its directors, officersagents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor any of the Borrowers for which Debtor is any of the Borrowers are responsible for any Hazardous Materials Contamination. The Borrowers will permit the Lender, its agents, contractors and employees to enter and inspect any of the Borrowers' places of business or any other property of the Borrowers at any reasonable times upon three (3) days prior notice of the purposes of conduct an environmental investigation and audit (including taking physical samples) to ensure that the Borrowers are complying with the terms of this Agreement, and the Borrowers shall promptly reimburse the Lender on demand for the costs of any such environmental investigation and audit. The Borrowers shall provide the Lender, its agents, contractors, employees and representatives with access to and copies of any and all data and document relating to or dealing with any Hazardous Materials used, generated, manufactured, stored or disposed of by Borrowers' business operations within five (5) days of the request therefore.

Hazardous Materials; Contamination. The Borrower, Xxxxx UK and Norwich each agrees to: (a) Give i)give notice to Secured Party the Agent immediately upon Debtor’s acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) or any Hazardous Materials Contamination on any property owned, operated or controlled by the Borrower, Xxxxx UK, Norwich or leased by Debtor any Subsidiary Guarantor or for which Debtor the Borrower, Xxxxx UK, Norwich or any Subsidiary Guarantor is, or is claimed to be, responsible or of any (provided that such notice shall not be required for Hazardous Materials Contamination placed or stored on such property in accordance with applicable Laws in the ordinary course (including, without limitation, quantity) of the line of business expressly described in this Agreement or as described in any Phase I environmental assessments expressly referenced herein or in any schedule attached hereto), with a full description thereof for which remedial or corrective action is requiredthereof; (b) promptly take action to ii)promptly comply with any Governmental Requirements Laws, the noncompliance with which would have a materially adverse effect on the Borrower, Xxxxx UK, Norwich and the Subsidiary Guarantors, taken as a whole or on the value of any material portion of the Collateral or the ability of the Agent to realize upon the value of any such Collateral requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party the Agent with reasonably satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the compliance; (iii)as part of any Governmental Authority; (c) provide Secured Partythe Obligations, within 30 days after a demand by Secured Party, with a bond, letter-of-credit or similar financial assurance evidencing to Secured Party’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor or for which Debtor is responsible; and (d) defend, indemnify and hold harmless Secured Party the Agent, each of the Lenders and its directors, officerseach of their respective agents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials or any Hazardous Materials Contamination on any property owned owned, operated or controlled by Debtor the Borrower, Xxxxx UK, Norwich or any Subsidiary Guarantor for which Debtor the Borrower, Xxxxx UK, Norwich or any Subsidiary Guarantor is, or is claimed to be, responsible for which claims relate to the financing and/or Liens contemplated by this Agreement, but which claims do not arise out of the gross negligence or willful misconduct of the Agent or any Hazardous Materials Contamination.of the Lenders. The Borrower, Xxxxx UK and Norwich each acknowledges and agrees that this indemnification shall survive the termination of this Agreement and the Commitments and the payment and performance of all of the other Obligations. The Agent and the Lenders agree that the liability of Xxxxx UK and Norwich with respect to such indemnification shall be limited to claims which arise solely from property owned, operated or controlled by Xxxxx UK and/or Norwich. (M)

Hazardous Materials; Contamination. Each of the Borrowers organized under the laws of a state of the United States of America agrees to (a) Give give notice to Secured Party immediately the Lender promptly upon Debtor’s such Borrower's acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements and are in Debtor’s possession in the ordinary course of business) on any property owned, leased, operated or controlled or leased by Debtor such Borrower or for which Debtor such Borrower is responsible [(provided that such notice shall not be required for Hazardous Materials placed or stored on such property in accordance with applicable Laws in the ordinary course (including, without limitation, Laws governing the quantity of Hazardous Materials which may be stored)] or of any Hazardous Materials Contamination with a full description thereof for which remedial or corrective action is requiredthereof; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Secured Party the Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on compliance; provide the part of any Governmental Authority; Lender within thirty (c30) provide Secured Party, within 30 days after a demand by Secured Party, the Lender with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured Party’s reasonable the Lender's satisfaction that the necessary funds are available to pay the cost of removing, treating treating, and disposing of such Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned owned, leased, operated or controlled by Debtor such Borrower or for which Debtor such Borrower is responsible; and responsible (d) defend, indemnify and hold harmless Secured Party the Lender and its directors, officersagents, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor such Borrower, or for which Debtor such Borrower is responsible responsible, for any Hazardous Materials Contamination.. Each of the Borrowers acknowledges and agrees that this indemnification shall survive the termination of this Agreement

Hazardous Materials; Contamination. Borrower agrees to, (a) Give give notice to Secured Party Lender immediately upon DebtorBorrower’s acquiring knowledge of the presence of any Hazardous Materials (other than those stored in compliance with applicable Governmental Requirements Environmental Laws and are in DebtorBorrower’s possession in the ordinary course of business) on any property owned, owned or controlled or leased by Debtor Borrower or for which Debtor Borrower is responsible or of any Hazardous Materials Contamination contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any Governmental Requirements Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination contamination and provide Secured Party Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the part of any Governmental Authority; (c) provide Secured PartyLender, within 30 Thirty (30) days after a demand by Secured PartyLender, with a bond, letter-of-letter of credit or similar financial assurance evidencing to Secured PartyLender’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Debtor Borrower or for which Debtor Borrower is responsible; and (d) defend, indemnify and hold harmless Secured Party Lender and its directors, officers, employees, agents, representatives, affiliates, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials on any property owned or controlled by Debtor Borrower for which Debtor Borrower is responsible for any Hazardous Materials Contaminationcontamination.