Common use of Hazardous Substances and Hazardous Wastes Clause in Contracts

Hazardous Substances and Hazardous Wastes. Except as disclosed in the Disclosure Schedule: (i) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) any Hazardous Material. No Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, or Company 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 Company. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed in the Disclosure Scheduleset forth on Schedule 2.17: (ia) There To the knowledge of Four Corners and the Shareholders, there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary Four Corners (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) Four Corners any Hazardous Material. No Hazardous Material has been disposed of or allowed to be disposed of by Four Corners, or to the knowledge of Four Corners and the Shareholders by any other party, on or off any of the Properties during the period that Four Corners owned or leased the property which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, Four Corners or Company Four Corners 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 CompanyFour Corners. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed set forth in the Disclosure Schedule: (i) There there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company Corporation or Business or by or to any former subsidiary (the "Properties"). There has not been generated by or on behalf of Company Corporation, Business or any former subsidiary or predecessor (while owned by CompanyCorporation or Business) any Hazardous Material. No Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company orCorporation or Business, or Company Corporation or Business 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 CompanyCorporation or Business. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed in the Disclosure Scheduleset forth on Schedule 2.17: (ia) There To the knowledge of Hi-Tech and each Principal Shareholder, there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary Hi-Tech (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) Hi-Tech any Hazardous Material. No To the knowledge of Hi-Tech and each of Principal Shareholder, no Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties during the period that Hi-Tech owned or leased the property which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, Hi- Tech or Company Hi-Tech 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 CompanyHi-Tech. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation any material or substance which is (i) defined as a "hazardous waste" or a "hazardous substance" under applicable Lawlaw, (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.

Hazardous Substances and Hazardous Wastes. (a) Except as disclosed in set forth on Section 3.25 of the LCI Disclosure Schedule: (ib) There To LCI's knowledge, there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary LCI (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) LCI any Hazardous Material. No To LCI's knowledge, no Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties during the period that LCI owned or leased the property which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, LCI or Company LCI 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 CompanyLCI. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed in the Disclosure Scheduleset forth on Schedule 2.17: (ia) There To the knowledge of Techline and its Shareholders, there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary Techline (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) Techline any Hazardous Material. No Hazardous Material has been disposed of or knowingly allowed to be disposed of on or off any of the Properties during the period that Techline owned or leased the property which may may, to the knowledge of Techline and its Shareholders, give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, Techline or Company Techline 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 CompanyTechline. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed set forth in the Disclosure Schedule, to the best of Seller's knowledge: (i) There there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company Seller or by or to any former subsidiary (the "Properties"). There has not been generated by or on behalf of Company Seller or any former subsidiary (while owned by CompanySeller) any Hazardous Material. No Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company orSeller, or Company Seller 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 CompanySeller. For purposes of this subsection, the terms "disposal," "release," and "threatened release" shall have the definitions assigned thereto to them by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation any material or substance which is (iA) defined as a "hazardous waste" or a "hazardous substance" under applicable Law, ; (iiB) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, ; (iiiC) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, ; or (ivD) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.

Hazardous Substances and Hazardous Wastes. Except as disclosed in set forth on Schedule 2.17, to the Disclosure Scheduleknowledge of the Companies and the Shareholders: (ia) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary of the Companies (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) of the Companies any Hazardous Material. No Hazardous Material has been disposed of or allowed to be disposed of by any of the Companies, or by any other party, on or off any of the Properties during the period that one or more of the Companies owned or leased the property which may could reasonably be expected to give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, any of the Companies or Company any of them 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 Companyany of the Companies. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed in the Disclosure Scheduleset forth on Schedule 2.17: (ia) There To the knowledge of the Companies and the Shareholders, there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary either of the Companies (the "Properties"). There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) either of the Companies any Hazardous Material, other than in compliance with applicable law. No Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties during the period that either of the Companies owned or leased the property which may may, to the knowledge of the Companies and the Shareholders, give rise to a clean-up responsibility, personal injury liability or property damage claim against Company or, either of the Companies or Company either 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 Companyeither of the Companies. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes without limitation 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.a

Hazardous Substances and Hazardous Wastes. Except as disclosed in the Disclosure Schedule: (i) There is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to Company or by or to any former subsidiary Baseline (the "Properties")) other than trichloroethane ("TCA") which was released in the groundwater on and underneath the Properties in 1991. Subsequent monitoring of the levels of TCA in the groundwater referred to in the immediately preceding sentence reveal that such levels are decreasing, and the current levels of TCA in the groundwater on and underneath the Properties and on the Properties themselves do not violate any Laws. There has not been generated by or on behalf of Company or any former subsidiary (while owned by Company) Baseline any Hazardous Material; provided, however, that Baseline uses Hazardous Materials in the ordinary course of business, which such used Hazardous Materials are stored and disposed of in compliance with all Laws and provided further that the amount of Hazardous Materials used and generated by Baseline do not exceed the level which would disqualify Baseline from being a "Conditionally Exempt Small Quantity Generator" as such term is used in 40 CFR 261. No Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties which may give rise to a clean-up responsibility, personal injury liability or property damage claim against Company Baseline or, or Company Baseline 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 CompanyBaseline. 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, and the term "Hazardous Material" means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "Hazardous Material" includes , including without limitation 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.

Hazardous Substances and Hazardous Wastes. Except as disclosed in set forth on the Disclosure Schedule: (ia) There To the Company’s and the Seller’s knowledge, there is not now, nor has there ever been, any disposal, release or threatened release of Hazardous Materials (as defined below) on, from or under properties now or ever owned or leased by or to the Company or by or to any former subsidiary (the "“Properties"”). There has not been generated by or on behalf of the Company or any former subsidiary (while owned by Company) any Hazardous Material. No To the Company’s and the Seller’s knowledge, no Hazardous Material has been disposed of or allowed to be disposed of on or off any of the Properties during the period that the Company owned or leased the property which may give rise to a clean-up responsibility, personal injury liability or property damage claim against the Company or, or the Company 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 the Company. 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, and the term "“Hazardous Material" ” means any hazardous or toxic substance, material or waste or pollutants, contaminants or asbestos containing material which is or becomes regulated by any Authority in any jurisdiction in which any of the Properties is located. The term "“Hazardous Material" ” includes without limitation 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.