Common use of Hazardous Materials; Contamination Clause in Contracts

Hazardous Materials; Contamination. (a) Give notice to the Lender within five (5) business days of the Borrower acquiring actual knowledge of the presence of any Hazardous Materials on the Property or of any Hazardous Materials Contamination with a full description thereof, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws; (b) promptly comply with any laws requiring special handling, maintenance, servicing, removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide the Lender upon request with satisfactory evidence of such compliance; (c) provide the Lender, within thirty (30) days after a demand by the Lender, with a bond, letter of credit or similar financial assurance evidencing to the Lender's satisfaction that funds are available to pay the cost of removing, treating, and disposing of such Hazardous Materials or Hazardous Materials Contamination and discharging any lien which may be established as a result thereof on any property owned, operated or controlled by the Borrower or for which the Borrower is responsible; and (d) defend, indemnify and hold harmless the Lender and each of its agents, employees, 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 the Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Assisted Living Inc)

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Hazardous Materials; Contamination. Each Borrower agrees to (a) Give give notice to the Lender within five (5) business days of the Borrower immediately upon either Borrower's acquiring actual knowledge of the presence of any Hazardous Materials Contamination on the Property any property owned or of any Hazardous Materials Contamination leased by either Borrower or for which either Borrower is responsible, with a full description thereof, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws; (b) promptly comply at all times with any laws requiring special Laws governing the handling, maintenance, servicing, requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide the Lender upon request with satisfactory evidence of such compliance; (c) in the event of any Hazardous Materials Contamination, provide the Lender, within thirty (30) days after a demand by the Lender, with a bond, letter of credit or similar financial assurance evidencing to the Lender's satisfaction that the necessary funds are available to pay the cost of removing, treating, and disposing of such Hazardous Materials or Hazardous Materials Contamination and discharging any lien Lien which may be established as a result thereof on any property owned, operated owned or controlled by the either Borrower or for which the either Borrower is responsible; and (d) defend, indemnify and hold harmless the Lender and each of its agents, employees, 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 the Propertyany property owned or controlled by either Borrower for which either Borrower is responsible for any Hazardous Materials Contamination.

Appears in 1 contract

Samples: Financing and Security Agreement (Versar Inc)

Hazardous Materials; Contamination. Borrower shall (a) Give give notice to the Lender Agent within five (5) business days of the Borrower acquiring actual knowledge of the presence of any Hazardous Materials on the Property or of any Hazardous Materials Contamination with a full description thereof, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws; (b) promptly comply with any laws requiring special handling, maintenance, servicing, removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide the Lender Agent upon request with satisfactory evidence of such compliance; (c) provide the LenderAgent, within thirty (30) days after a demand by the LenderAgent, with a bond, letter of credit or similar financial assurance evidencing to the Lender's Agent’s satisfaction that funds are available to pay the cost of removing, treating, and disposing of such Hazardous Materials or Hazardous Materials Contamination and discharging any lien which may be established as a result thereof on any property owned, operated or controlled by the Borrower or for which the Borrower is responsible; and (d) defend, indemnify and hold harmless the Lender Agent and each of its agents, employees, 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 the Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Senior Living Inc)

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Hazardous Materials; Contamination. Borrower shall (a) Give give notice to the Lender within five (5) business days of the Borrower acquiring actual knowledge of the presence of any Hazardous Materials on the Property or of any Hazardous Materials Contamination with a full description thereof, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws; (b) promptly comply with any laws requiring special handling, maintenance, servicing, removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide the Lender upon request with satisfactory evidence of such compliance; (c) provide the Lender, within thirty (30) days after a demand by the Lender, with a bond, letter of credit or similar financial assurance evidencing to the Lender's ’s satisfaction that funds are available to pay the cost of removing, treating, and disposing of such Hazardous Materials or Hazardous Materials Contamination and discharging any lien which may be established as a result thereof on any property owned, operated or controlled by the Borrower or for which the Borrower is responsible; and (d) defend, indemnify and hold harmless the Lender and each of its agents, employees, 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 the Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Senior Living Inc)

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