Hazardous Waste and Other Substances. (a) Mortgagor hereby represents and warrants to Mortgagee that, as of the date hereof, except as otherwise provided in that certain Environmental Site Assessment dated August 30, 2004 prepared by Xxxxx Xxxx XxXxxxxxx & Xxxxx: (i) to the best of Mortgagor’s knowledge, information and belief, none of Mortgagor nor the Mortgaged Property nor any Tenant at the Premises nor the operations conducted thereon is in direct or indirect violation of or otherwise exposed to any liability under any local, state or federal law, rule or regulation or common law duty pertaining to human health as affected by the environment, natural resources or the environment, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 X.X.X. §0000 et seq.), the Resource Conservation and Recovery Act of 1976 (42 X.X.X. §0000 et seq.), the Federal Water Pollution Control Act (33 X.X.X. §0000 et seq.), the Clean Air Act (42 X.X.X. §0000 et seq.), the Emergency Planning and Community-Right-to-Know Act (42 U.S.C. §11001 et seq.), the Endangered Species Act (16 X.X.X. §0000 et seq.), the Toxic Substances Control Act (15 X.X.X. §0000 et seq.), the Occupational Safety and Health Act (29 U.S.C. §651 et seq.) and the Hazardous Materials Transportation Act (49 U.S.C. §1801 et seq.), including any regulations promulgated pursuant to said laws, all as amended from time to time (“Environmental Laws”) or otherwise exposed to any liability under any Environmental Law relating to or affecting the Mortgaged Property, whether or not used by or within the control of Mortgagor; (ii) to the best of Mortgagor’s knowledge, information and belief, no hazardous, toxic or harmful substances, wastes, materials, pollutants or contaminants (including, without limitation, materials containing more than 1% asbestos, lead based paint, Toxic Mold (as hereinafter defined), polychlorinated biphenyls, petroleum or petroleum products or byproducts, flammable explosives, radioactive materials, infectious substances or raw materials which include hazardous constituents) or any other substances or materials which are included under or regulated by Environmental Laws
Hazardous Waste and Other Substances. (a) Except for those matters disclosed in the environmental reports furnished by Grantor to Grantee, Grantor hereby represents and warrants to Grantee that, as of the date hereof: (i) to the best of Grantor's knowledge, information and belief, the Property is not in direct or indirect violation of any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or clean-up (collectively, "Environmental Laws"), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. section 9601 ET SEQ. and 40 CFR section 302.1 ET SEQ.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. section 6901 ET SEQ.), the Federal Water Pollution Control Act (33 U.S.C. section 1251 ET SEQ. and 40 CFR section 116.1 ET SEQ.), those relating to lead based paint, and the Hazardous Materials Transportation Act (49 U.S.C. section 5101 ET SEQ.), the Georgia Hazardous Waste Management Act, as amended, O.C.G.A. section 12-8-60 ET SEQ., the Georgia Oil or Hazardous Materials Spills or Releases Act, as amended, O.C.G.A. section 12-14-1 ET SEQ., the Georgia Comprehensive Solid Waste Management Act, as amended, O.C.G.A. section 12-8-20 ET SEQ., the Georgia Asbestos Safety Act, as amended, O.C.G.A. section 12-12-1 ET SEQ., the Georgia Underground Storage Tank Act, as amended, O.C.G.A. section 12-13-1 ET SEQ., and the regulations promulgated pursuant to said laws, all as amended; (ii) no hazardous, toxic or harmful substances, wastes, materials, pollutants or contaminants (including, without limitation, asbestos, lead based paint, polychlorinated biphenyls, petroleum products, flammable explosives, radioactive materials, infectious substances or raw materials which include hazardous constituents) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances") are located on or have been handled, generated, stored, processed or disposed of on or released or discharged from the Property (including underground contamination) except for those substances used by Grantor in the ordinary course of its business and in compliance with all Environmental Laws; (iii) the Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to Hazardous Substances; (iv) there are no existing or closed underground storage tanks or other underground storage receptacles for Hazard...
Hazardous Waste and Other Substances. (a) Borrower hereby represents and warrants to Lender that, as of the date hereof to the best of Borrower’s knowledge, information and belief and other than as set forth in
Hazardous Waste and Other Substances. (a) Except for those matters disclosed in the environmental reports furnished by Mortgagor to Mortgagee, Mortgagor hereby represents and warrants to Mortgagee that, as of the date hereof: (i) to the best of Mortgagor's knowledge, information and belief, the Property is not in direct or indirect violation of any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or clean-up (collectively, "Environmental Laws"), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. section 9601 et seq. and 40 CFR section 302.1 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. section 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. section 1251 et seq. and 40 CFR section 116.1 et seq.), those relating to lead based paint, and the Hazardous Materials Transportation Act (49 U.S.C. section 1801 et seq.), and the regulations promulgated pursuant to said laws, all as amended; (ii) no hazardous, toxic or harmful substances, wastes, materials, pollutants or contaminants (including, without limitation, asbestos, lead based paint, polychlorinated biphenyls, petroleum products, flammable explosives, radioactive materials, infectious substances or raw materials which include hazardous constituents) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances") are located on or have been handled, generated, stored, processed or disposed of on or released or discharged from the Property (including underground contamination) except for those substances used by Mortgagor in the ordinary course of its business and in compliance with all Environmental Laws; (iii) the Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to Hazardous Substances; (iv) there are no existing or closed underground storage tanks or other underground storage receptacles for Hazardous Substances on the Property; (v) Mortgagor has received no notice of, and to the best of Mortgagor's knowledge and belief, there exists no investigation, action, proceeding or claim by any agency, authority or unit of government or by any third party which could result in any liability, penalty, sanction or judgment under any Environmental Laws with respect to any condition, use or operation of the Property nor does Mortgagor know of any basis for...
Hazardous Waste and Other Substances. (a) Except as otherwise may be disclosed in that certain Phase I Environmental Site Assessment of the Property, dated October 16, 2006 and prepared by Jones, Hill, McFarxxxx & Xxlis (xxx “Phase I”), Borrower hereby represents and warrants to Lender that, as of the date hereof: (i) to the best of Borrower’s knowledge, information and belief, none of Borrower nor the Property nor any Tenant at the Premises nor the operations conducted thereon is in direct or indirect violation of or otherwise exposed to any liability under any local, state or federal law, rule or regulation or common law duty pertaining to human health, natural resources or the environment, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §0000 xx xeq.) (“CERCLA”), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §0000 xx xeq.), the Federal Water Pollution Control Act (33 U.S.C. §0000 xx xeq.), the Clean Air Act (42 U.S.C. §0000 xx xeq.), the Emergency Planning and Community-Right-to-Know Act (42 U.S.C. §11001 et seq.), the Endangered Species Act (16 U.S.C. §0000 xx xeq.), the Toxic Substances Control Act (15 U.S.C. §0000 xx xeq.), the Occupational Safety and Health Act (29 U.S.C. §651 et seq.) and the Hazardous Materials Transportation Act (49 U.S.C. §1801 et seq.), the Texas Solid Waste Disposals Act (V.T.C.A. Health and Safety Code §361 et seq.) and the Texas Water Code/Water Quality Control (V.T.C.A. Water Code §26.001 et seq.), regulations promulgated pursuant to said laws, all as amended from time to time (collectively, “Environmental Laws”) or otherwise exposed to any liability under any Environmental Law relating to or affecting the Property, whether or not used by or within the control of Borrower; (ii) no hazardous, toxic or harmful substances, wastes, materials, pollutants or contaminants (including, without limitation, asbestos or asbestos-containing materials, lead based paint, Toxic Mold (as hereinafter defined) polychlorinated biphenyls, petroleum or petroleum products or byproducts, flammable explosives, radioactive materials, infectious substances or raw materials which include hazardous constituents) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances”) are located on, in or under or have been handled, generated, stored, processed or disposed of on or released or discharged from the Property (including under...
Hazardous Waste and Other Substances. (a) Mortgagor hereby represents and warrants to Mortgagee that, as of the date hereof: (i) to the best of Mortgagor's knowledge, information and belief, the Mortgaged Property is not in direct or indirect violation of any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or clean-up (collectively, "Environmental Statutes"), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq. and 40 CFR Section 302.1 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), The Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq. and 40 CFR Section 116.1 et seq.), and the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.), and the regulations promulgated pursuant to said laws, all as amended; (ii) to the best of Mortgagor's knowledge, information and belief, no hazardous, toxic or harmful substances, wastes, materials, pollutants or contaminants (including, without limitation, asbestos, polychlorinated biphenyls, petroleum products, flammable explosives, radioactive materials, infectious substances or raw materials that include hazardous constituents) or any other substances or materials that are included under or regulated by Environmental Statutes (collectively, "Hazardous Materials") are located on or have been handled, generated, stored, processed or disposed of on or released or discharged from the Mortgaged
Hazardous Waste and Other Substances. (a) Grantor represents to Beneficiary that, as of the date hereof: (i) to the best of Grantor's knowledge, none of Grantor, the Trust Property, any Tenant nor the operations conducted thereon is or has at any time been in violation of, or otherwise exposed to any liability under, any state or federal law, rule or regulation or common law duty pertaining to human health, natural resources or the environment (collectively, "Environmental Laws"); (ii) no hazardous or toxic substances, materials, or contaminants (including asbestos-containing materials, lead based paint, polychlorinated biphenyls, petroleum products or byproducts, flammable explosives, radioactive materials, infectious substances or raw materials which include hazardous constituents) whether or not included under Environmental Laws (collectively, "Hazardous Substances") or underground storage tanks are located on, in or under or have been handled, generated, stored, processed or disposed of on or released or discharged from the Trust Property (including underground contamination), except for those substances used by Grantor or any Tenant in the ordinary course of business and in compliance with all Environmental Laws ("Permitted Materials"); (iii) the Trust Property is not subject to any private or governmental lien arising under Environmental Laws; (iv) there is no pending, nor, to Grantor's knowledge, threatened litigation arising under Environmental Laws affecting Grantor or the Trust Property; (v) to the best of Grantor's knowledge there has been no notice of any investigation or proceeding which could result in any liability, or any order in any way relating to any violation or liability arising, under any Environmental Laws; and (vi) there has been no claim by any party that a use or condition of the Trust Property has caused a condition on any other property.
(b) Grantor shall comply with, and timely remedy any violation known to Grantor of, all Environmental Laws, and keep the Trust Property free from Hazardous Substances (except Permitted Materials).
(c) Grantor shall promptly notify and keep Beneficiary informed with respect to (i) the actual or potential existence of any Hazardous Substances on the Trust Property other than Permitted Materials, (ii) any violation relating to the Trust Property or exposure under any Environmental Laws, or (iii) any condition which could render Grantor's representations untrue.
(d) Upon Beneficiary's request, following a Default, or at any time as Ben...
Hazardous Waste and Other Substances. (a) Grantor hereby represents and warrants to Beneficiary that, as of the date hereof, except as disclosed in that certain Phase 1 Environmental Site Assessment Report prepared by Partner Engineering and Science, Inc., dated May 15, 2014, Project No. 14-119231.1, Beneficiary has received with respect to the Property: (i) to the best of Grantor’s knowledge, information and belief, none of Grantor nor the Property nor any Tenant at the Property the operations conducted thereon is in direct or indirect violation of or otherwise exposed to any liability under any local, state or federal law, rule or regulation or common law duty pertaining to human health, natural resources or the environment, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 X.X.X. §0000 et seq. and 40 CFR §302.1 et. seq. ("CERCLA"), the Resource Conservation and Recovery Act of 1976 (42 X.X.X. §0000 et seq.), the Federal Water Pollution Control Act (33 X.X.X. §0000 et seq. and 40 CFR §116.1 et. seq.), the Clean Air Act (42 X.X.X. §0000 et seq.), the Emergency Planning and Community-Right-to-Know Act (42 U.S.C. §11001 et seq.), the Endangered Species Act (16 X.X.X. §0000 et seq.), the Toxic Substances Control Act (15 X.X.X. §0000 et seq.), the Occupational Safety and Health Act (29 U.S.C. §651 et seq.), those relating to lead based paint, and the Hazardous Materials Transportation Act (49 U.S.C. §1801 69
Hazardous Waste and Other Substances. (a) Except as may otherwise be disclosed in that certain Phase I Environmental Site Assessment dated March 28, 2007, and prepared by EMG Corporation (the “Environmental Report”), Borrower hereby represents and warrants to Lender that, as of the date hereof: (i) to the best of Borrower’s knowledge, information and belief, none of Borrower nor the Property nor the operations conducted thereon is in violation of or otherwise exposed to any liability under any local, state or federal law, rule or regulation or common law duty pertaining to human health, natural resources or the environment, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 X.X.X. §0000 et seq.) (“CERCLA”), the Resource Conservation and Recovery Act of 1976 (42 X.X.X. §0000 et seq.), the Federal Water Pollution Control Act (33 X.X.X. §0000 et seq.), the
Hazardous Waste and Other Substances. (a) Each Borrower hereby represents and warrants to Lender that, as of the date hereof and except as set forth in any Environmental Report: (i) to the best of such Borrower’s knowledge, information and belief, none of such Borrower nor the Individual Property that it owns nor any Tenant at such Individual Property nor the operations conducted thereon is in direct or indirect violation of or otherwise exposed to any liability under any municipal, provincial or federal law, rule or regulation or common law duty pertaining to human health, natural resources or the environment, including, without limitation, the Canadian Environmental Xxxxxxxxxx Xxx, 0000;
