Common use of HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE Clause in Contracts

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. (a) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus or its Subsidiaries (the "CEREUS PROPERTIES") and there has not been generated by or on behalf of Cereus or its Subsidiaries any Hazardous Material that would result in a material adverse effect to the business of Cereus or its Subsidiaries, taken as a whole. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus or its Subsidiaries, by any other party, on or off any of the Cereus Properties during the period that Cereus or its Subsidiaries owned or leased the property which may give rise under applicable Environmental Law to a clean-up responsibility, personal injury liability or property damage claim against Cereus or its Subsidiaries or Cereus or its Subsidiaries being named a potentially responsible party for any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus or its Subsidiaries. For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Hazardous Material" means any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, (ii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraph.

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. To the knowledge of Metrocall: (a) There Except as would not have a Metrocall Material Adverse Effect, (i) there is not now, nor has there ever been, any disposal, release Release or threatened release Release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus Metrocall or its Subsidiaries (the "CEREUS PROPERTIESMetrocall Properties"); (ii) and there has not been generated by or on behalf of Cereus Metrocall or its Subsidiaries any Hazardous Material that would result in a Material; and (iii) no material adverse effect to the business of Cereus or its Subsidiaries, taken as a whole. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus Metrocall or its Subsidiaries, by any other party, on or off any of the Cereus Metrocall Properties during the period that Cereus Metrocall or its Subsidiaries owned or leased the property which may give rise under applicable Environmental Law to a clean-up responsibility, personal injury liability or property damage claim against Cereus Metrocall or its Subsidiaries or Cereus Metrocall or its Subsidiaries being named a potentially responsible party for -45- any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus Metrocall. (i) None of Metrocall's or its Subsidiaries. For purposes ' operations at the Metrocall Properties are (or, with respect to past Metrocall Properties and Metrocall Properties of this subsectionformer Subsidiaries, were at the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act time of 1980, as amended. The term "Hazardous Material" means disposition) in violation in any material or substance which is respect of any Environmental Law (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Lawwith respect to past Metrocall Properties and Metrocall Properties of former Subsidiaries, Environmental Laws in effect at the time of disposition); (ii) designated as a "hazardous substance" pursuant Metrocall and its Subsidiaries have obtained and are in all material respects in compliance with all necessary permits or authorizations that are required under Environmental Laws to Section 311 of the Federal Water Pollution Control Actoperate their facilities, assets and businesses; (iii) defined as no Environmental Claims have been asserted against Metrocall or its Subsidiaries or any predecessor in interest, nor does Metrocall have knowledge of any threatened (in writing) or pending Environmental Claim against Metrocall or any of its Subsidiaries or any predecessor in interest which is reasonably likely to result in Environmental Liabilities that, individually or in the aggregate, would have a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation Metrocall Material Adverse Effect; and Recovery Act, or (iv) defined as no Environmental Claim has been asserted against any facilities that may have received Hazardous Materials generated by Metrocall or any of its Subsidiaries or any predecessor in interest which is reasonably likely to result in Environmental Liabilities that, individually or in the aggregate, would have a "hazardous substance" pursuant Metrocall Material Adverse Effect. (c) Metrocall has delivered to Section 101 Arch true and complete copies of all material environmental reports, studies, investigations or correspondence regarding any Environmental Liabilities of Metrocall or any environmental conditions at any of the Comprehensive Environmental Response, Compensation and Liability Act Metrocall Properties which are in possession of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule Metrocall or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraphits agents.

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. (a) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus Parent or its Subsidiaries (the "CEREUS PARENT PROPERTIES") and there has not been generated by or on behalf of Cereus Parent or its Subsidiaries any Hazardous Material that would result in a material adverse effect to the business of Cereus Parent or its Subsidiaries, taken as a whole. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus Parent or its Subsidiaries, by any other party, on or off any of the Cereus Parent Properties during the period that Cereus Parent or its Subsidiaries owned or leased the property which may give rise under applicable Environmental Law to a clean-up responsibility, personal injury liability or property damage claim against Cereus Parent or its Subsidiaries or Cereus Parent or its Subsidiaries being named a potentially responsible party for any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus Parent or its Subsidiaries. For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Hazardous Material" means any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, (ii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraph.

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. (a) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus Parent or its Subsidiaries (the "CEREUS PROPERTIESParent Properties") and there has not been generated by or on behalf of Cereus Parent or its Subsidiaries any Hazardous Material that would result in a material adverse effect to the business of Cereus Parent or its Subsidiaries, taken as a whole. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus Parent or its Subsidiaries, by any other party, on or off any of the Cereus Parent Properties during the period that Cereus Parent or its Subsidiaries owned or leased the property which may give rise under applicable Environmental Law to a clean-up responsibility, personal injury liability or property damage claim against Cereus Parent or its Subsidiaries or Cereus Parent or its Subsidiaries being named a potentially responsible party for any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus Parent or its Subsidiaries. For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Hazardous Material" means any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, (ii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraph.

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. (a) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus Parent or its Subsidiaries (the "CEREUS PARENT PROPERTIES") ), and there has not been generated by or on behalf of Cereus Parent or its Subsidiaries any Hazardous Material that would result in a material adverse effect to the business of Cereus Parent or its Subsidiaries, taken as a whole. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus Parent or its Subsidiaries, by any other party, on or off any of the Cereus Parent Properties during the period that Cereus Parent or its Subsidiaries owned or leased the property which may give rise under applicable Environmental Law to a clean-up responsibility, personal injury liability or property damage claim against Cereus Parent or its Subsidiaries or Cereus Parent or its Subsidiaries being named a potentially responsible party for any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus Parent or its Subsidiaries. For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Hazardous Material" means any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, (ii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraph.

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. (a) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus or its Subsidiaries Telemate (the "CEREUS TELEMATE PROPERTIES") ), and there has not been generated by or on behalf of Cereus or its Subsidiaries Telemate any Hazardous Material that would result in a material adverse effect to the business of Cereus or its Subsidiaries, taken as a wholeTelemate. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus or its SubsidiariesTelemate, by any other party, on or off any of the Cereus Telemate Properties during the period that Cereus or its Subsidiaries Telemate owned or leased the property which may give rise under applicable Environmental Law to a clean-up responsibility, personal injury liability or property damage claim against Cereus Telemate or its Subsidiaries or Cereus or its Subsidiaries Telemate being named a potentially responsible party for any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus or its SubsidiariesTelemate. For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Hazardous Material" means any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, (ii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraph.

HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE. To the knowledge of Arch: (a) There Except as would not have an Arch Material Adverse Effect, (i) there is not now, nor has there ever been, any disposal, release Release (as defined below) or threatened release Release of Hazardous Material (as defined below) on, from or under properties now or ever owned or leased by or to Cereus Arch or its Subsidiaries (the "CEREUS PROPERTIESArch Properties"); (ii) and there has not been generated by or on behalf of Cereus Arch or its Subsidiaries any Hazardous Material that would result in a Material; and (iii) no material adverse effect to the business of Cereus or its Subsidiaries, taken as a whole. No Hazardous Material has been disposed of or allowed to be disposed of by Cereus Arch or its Subsidiaries, by any other party, on or off any of the Cereus Arch Properties during the period that Cereus Arch or its Subsidiaries owned or leased the property which may give rise under applicable Environmental Law (as defined below) to a clean-up responsibility, personal injury liability or property damage claim against Cereus Arch or its Subsidiaries or Cereus Arch or its Subsidiaries being named a potentially responsible party for any such clean-up costs, personal injuries or property damage or create any cause of action by any third party against Cereus Arch. (i) None of Arch's or its Subsidiaries. ' operations at the Arch Properties are (or, with respect to past Arch Properties and Arch Properties of former Subsidiaries, were at the time of disposition) in violation in any material respect of any Environmental Law (with respect to past Arch Properties and Arch Properties of former Subsidiaries, Environmental Laws in effect at the time of disposition); (ii) Arch and its Subsidiaries have obtained and are in all material respects in compliance with all necessary permits or authorizations that are required under Environmental Laws to operate their facilities, assets and businesses; (iii) no Environmental Claims (as defined below) have been asserted against Arch or its Subsidiaries or any predecessor in interest, nor does Arch have knowledge or notice of any threatened in writing or pending Environmental Claim against Arch or any of its Subsidiaries or any predecessor in interest which is reasonably likely to result in Environmental Liabilities (as defined below) that, individually or in the aggregate, would have an Arch Material Adverse Effect; and (iv) no Environmental Claim has been asserted against any facilities that may have received Hazardous Materials generated by Arch or any of its Subsidiaries or any predecessor in interest which is reasonably likely to result in Environmental Liabilities that, individually or in the aggregate, would have an Arch Material Adverse Effect. (c) Arch has delivered to Metrocall true and complete copies of all material environmental reports, studies, investigations or correspondence regarding any Environmental Liabilities of Arch or any environmental conditions at any of the Arch Properties which are in possession of Arch or its agents. (d) For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Hazardous Material" means any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, (ii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The term "Environmental Laws" means any law, statute, ordinance, rule or regulation of any governmental authority for which the primary purpose is to control pollution and protect the environment, including the statutes referenced above in this paragraph.Agreement: