Hazardous Waste and Substances Sample Clauses

Hazardous Waste and Substances. Environmental Requirements.
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Hazardous Waste and Substances. Warrant, and does hereby warrant that, except as set forth in the Environmental Disclosure Statement delivered by TRUSTOR to BENEFICIARY (the "Environmental Disclosure Statement"), there has not been, since the date TRUSTOR acquired title to the Property any release or discharge of any type whatsoever (including any "release" (as defined in 42 U.S.C. Section 9601 (22)) or threat of any release or discharge (such a release or threatened release being hereafter referred to as a "Release") of any "hazardous substances" (as defined in 42 U.S.C. Section 9601 (14) or as defined as hazardous or toxic under any other federal, state, or local law), petroleum, including crude oil or any fraction thereof, or natural gas liquids, liquefied natural gas, or synthetic gas (all such items being hereafter referred to as "Hazardous Substances") on, upon or into the Property and, to TRUSTOR'S knowledge, there has never been any Release on, upon or into the Property nor on, upon or into any real property adjoining or in the vicinity of the Property which could have come to be located upon the Property or the water or ground water thereon or thereunder. TRUSTOR further warrants that, except as disclosed in the Environmental Disclosure Statement: (a) to the best of TRUSTOR'S knowledge, the Property has never been used for a mine, a landfill, a dump, or other disposal facility; (b) TRUSTOR has no knowledge of any underground storage tanks of any kind or character, whether empty or containing substances of any nature, located or ever located in the past within the Property, and from the date of acquisition by TRUSTOR, the Property and the use thereof, including the use of any and all such underground storage tanks described on the Environmental Disclosure Statement, has been and is in compliance with all applicable laws, statutes, ordinances, rules and regulations of all governmental and quasi-governmental authorities, specifically including all laws, statutes, ordinances, rules and regulations relating to environmental protection, toxic waste, underground storage tanks, and hazardous substance handling, treatment, storage and disposal (hereafter "Environmental Regulations"); (c) TRUSTOR has received no notice of any violation or any alleged violation of any Environmental Regulation from any governmental entity or agency with respect to the Property, and there is not now nor has there ever been any other investigation or report involving the Property by any governmental entity or...
Sample 1
Hazardous Waste and Substances. In addition to, and not in derogation of, the requirements of Section 9.2 and of the Security Documents, comply with all laws, governmental standards and regulations applicable to such Borrower or to any of its assets in respect of occupational health and safety laws, rules and regulations and Environmental Laws (unless such laws, rules, standards or regulations are being contested by a Borrower in good faith by appropriate proceedings and adequate reserves therefor have been established on the books of the relevant Borrowers [or, in the case of non-compliance with Environmental Laws existing on the Effective Date, unless such Borrower has remedied any such non-compliance which is immediately remediable and is diligently proceeding to remedy remaining instances of noncompliance in accordance with accepted practice and as rapidly as is practicable!), promptly notify the Administrative Agent of its receipt of any notice of a violation of any such law, rule, standard or regulation and indemnify and hold the Administrative Agent and each Lender harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Administrative Agent or any Lender on account of such Borrower's failure to perform its obligations under this Section 9.12.
Sample 1
Hazardous Waste and Substances. (a) To Seller’s best knowledge after reasonable investigation by Seller, neither the operations of Seller nor the use of its assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the use, generation, collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances which violation could reasonably be expected to have a Material Adverse Effect, including without limitation
Sample 1
Hazardous Waste and Substances. Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 8.2 and of the Security Documents, comply with all laws, governmental standards and regulations applicable to the Borrower or to any of its assets in respect of occupational health and safety laws, rules and regulations and Environmental Laws, promptly notify the Lender of its receipt of any notice of a violation of any such law, rule, standard or regulation and indemnify and hold the Lender harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Lender on account of the Borrower's failure to perform its obligations under this SECTION 8.7.
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Hazardous Waste and Substances. Environmental Indemnity. Borrower shall comply with all laws, governmental standards and regulations applicable to Borrower and/or to the Premises in connection with occupational health and safety, Hazardous Substances (as hereinafter defined), and environmental matters. Borrower shall promptly notify Lender of its receipt of any notice of a violation of any such law, standard or regulation. The use, generation, storage, release, threatened release, discharge, disposal or presence on, under or about the Premises of any Hazardous Substances by Borrower, Borrower's agents, or any tenant or sublessee occupying part or all of the Premises (unless permitted and in accordance with all applicable laws) which is not cured within fifteen (15) days following written notice to Borrower shall be an Event of Default under this Deed. "Hazardous Substances" shall mean any toxic or hazardous waste or substances, including, without limitation, petroleum, including crude oil or any fraction thereof, flammable explosives, radioactive materials, asbestos, any material containing polychlorinated biphenyls, and any of the substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. ss. 9601 et seq., Hazardous Materials Transportation Act, 49 U. S. C. ss. 1802, the Resource Conservation and Recovery Act, 42
Sample 1
Hazardous Waste and Substances. In addition to, and not in derogation of, the requirements of Section 9.2 and of the Security Documents, comply with all laws, governmental standards and regulations applicable to the Borrower or to any of its assets in respect of occupational health and safety laws, rules and regulations and Environmental Laws (unless such laws, rules, standards or regulations are being contested by the Borrower in good faith by appropriate proceedings and adequate reserves therefor have been established on the books of the Borrower), promptly notify the Administrative Agent of its receipt of any notice of a violation of any such law, rule, standard or regulation and indemnify and hold the Administrative Agent and each Lender harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Administrative Agent or any Lender on account of the Borrower’s failure to perform its obligations under this Section 9.12.
Sample 1
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Hazardous Waste and Substances. Environmental Requirements. In addition to, and not in derogation of, the requirements of Section 9.2 and of the Security Documents, comply with and cause each Restricted Subsidiary to comply with all Environmental Laws, promptly notify the Lenders of the receipt by the employee of the Borrower designated to ensure compliance with Environmental Laws or by any officer of the Borrower of any notice of a violation of any such law, rule, standard or regulation, and indemnify and hold the Agent and the Lenders harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Agent or any Lender on account of the Borrower's failure to perform its obligations under this Section 9.10. With respect to any violations of any Environmental Law, to the extent (a) such violations have been disclosed in writing to the Lenders prior to the Effective Date, (b) the Borrower has established procedures acceptable to the Lenders to remedy such violations and is diligently pursuing such procedures with appropriate authorization and agencies, and (c) the Borrower's liability in connection with the remedy of such violations (after taking into account indemnities in favor of the Borrower with respect thereto) does not exceed in the aggregate $15,000,000, the Borrower will be deemed in compliance with Environmental Law for the purposes of this Section.
Sample 1
Hazardous Waste and Substances. (a) Except as set forth on Exhibit F, to the knowledge of Seller after due and diligent inquiry, the operations of the Seller and its use of its assets do not violate any applicable federal, state or local law, statute, ordinance, rule, regulation, order, or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release, processing, handling, or disposal of substances that might pollute, contaminate, or be hazardous or toxic if present in the air, ground, or surface water, land or other parts of the environment or other wastes, including, without limitation (a) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sections 9601 et seq.), as amended from time to time ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA, (b) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et seq.), as amended from time to time ("RCRA") and such regulations promulgated under RCRA, and (c) any applicable federal, state, or local laws or regulations relating to the condition of the air, ground, or surface water, land or other parts of the environment, to the release or potential release of any substance into the air, ground or surface water, land, or other parts of the environment (collectively, the "Applicable Environmental Laws") and except as set forth in Exhibit F, none of the operations of Seller or the Business has ever been conducted nor have any of its assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws that would have a material effect on the financial condition, assets, business, or property of the Business taken as a whole. Seller is not subject, with regard to any Applicable Environmental Law, to any continuing court or administrative order, writ, injunction or decree applicable to it or to its business, property or employees.
Sample 1

Related to Hazardous Waste and Substances

  • Hazardous Wastes Are hazardous wastes generated? Yes ☐ No ☐ If yes, continue with the next question. If not, skip this section and go to section 4.0.

  • Hazardous Waste The term “Hazardous Materials”, as used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that (A) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Tenant’s business activities (the “Permitted Activities”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (B) the Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (C) no portion of the Premises will be used as a landfill or a dump; (D) Tenant will not install any underground tanks of any type; (E) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (F) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials described above, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord’s representative shall have the right but not the obligation to enter the Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined that said Permitted Materials are being improperly stored, used, or disposed of, Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within 24 hours, Landlord shall have the right to perform such work and Tenant shall promptly reimburse Landlord for any and all costs associated with said work. If at any time during or after the term of the Lease Term, the Premises are found to be so contaminated or subject to said conditions, Tenant shall diligently institute proper and thorough cleanup procedures at Tenant’s sole cost, and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any managing agents and leasing agents of the Premises, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from or as a result of the use of the Premises by Tenant. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or expiring of this Lease. During the Lease Term, Tenant shall promptly provide Landlord with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders and decrees, claims, complaints, investigations, judgments, letters, notice of environmental liens, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, the environmental protection agency of the State where the property is located or other federal, state or local agency or authority, or any other entity or individual, concerning (i) any Hazardous Substance and the Premises; (ii) the imposition of any lien on the Premises; or (iii) any alleged violation of or responsibility under any Environmental Law.

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.

  • Environmental Laws and Hazardous Substances Except to the extent that any of the following would not have a Material Adverse Effect (including financial reserves, insurance policies and cure periods relating to compliance with applicable laws and Permits) and are used in such amounts as are customary in the Ordinary Course of Business in compliance with all applicable Environmental Laws, the Credit Parties represent and warrant to Lender that, to the best knowledge of each of the Credit Parties: (i) the Credit Parties have not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of the Credit Parties (whether or not owned by the Credit Parties) in any manner which at any time violates any Environmental Law or any Permit, certificate, approval or similar authorization thereunder; (ii) the operations of the Credit Parties comply in all material respects with all Environmental Laws and all Permits certificates, approvals and similar authorizations thereunder; (iii) there has been no investigation, Proceeding, complaint, order, directive, claim, citation or notice by any Governmental Authority or any other Person, nor is any of same pending or, to Credit Parties’ knowledge, threatened; and (iv) the Credit Parties do not have any liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material.

  • Hazardous Substance any pollutant, contaminant or any toxic, radioactive or otherwise hazardous substance, including petroleum, its derivatives, by-products and other hydrocarbons, asbestos, and toxic mold, in each case as regulated under Environmental Laws.

  • Compliance with Environmental Requirements; No Hazardous Materials Except in each case as set forth on Schedule 3.18:

  • Environmental Laws and Hazardous Materials The Company and its subsidiaries are in compliance with all foreign, federal, state and local rules, laws and regulations relating to the use, treatment, storage and disposal of hazardous or toxic substances or waste and protection of health and safety or the environment which are applicable to their businesses (“Environmental Laws”). There has been no storage, generation, transportation, handling, treatment, disposal, discharge, emission, or other release of any kind of toxic or other wastes or other hazardous substances by, due to, or caused by the Company or any of its subsidiaries (or, to the Company’s Knowledge, any other entity for whose acts or omissions the Company or any of its subsidiaries is or may otherwise be liable) upon any of the property now or previously owned or leased by the Company or any of its subsidiaries, or upon any other property, in violation of any law, statute, ordinance, rule, regulation, order, judgment, decree or permit or which would, under any law, statute, ordinance, rule (including rule of common law), regulation, order, judgment, decree or permit, give rise to any liability; and there has been no disposal, discharge, emission or other release of any kind onto such property or into the environment surrounding such property of any toxic or other wastes or other hazardous substances with respect to which the Company or any of its subsidiaries has knowledge.

  • Hazardous Materials 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on or under or are released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation.

  • Environmental, Health and Safety Laws There does not exist any violation by the Borrower or any Subsidiary of any applicable federal, state or local law, rule or regulation or order of any government, governmental department, board, agency or other instrumentality relating to environmental, pollution, health or safety matters which will or threatens to impose a material liability on the Borrower or a Subsidiary or which would require a material expenditure by the Borrower or such Subsidiary to cure. Neither the Borrower nor any Subsidiary has received any notice to the effect that any part of its operations or properties is not in material compliance with any such law, rule, regulation or order or notice that it or its property is the subject of any governmental investigation evaluating whether any remedial action is needed to respond to any release of any toxic or hazardous waste or substance into the environment, the consequences of which non-compliance or remedial action could constitute an Adverse Event.

  • Environmental, Health and Safety The Policy Board shall review, approve and monitor environmental and workplace health and safety guidelines, the goal of which is to achieve compliance with current national, state and local laws and regulations regarding environmental and workplace health and safety.

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