Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 and of the Security Documents, comply with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that are being contested in good faith by appropriate proceedings if reserves in respect of such Obligor's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established), promptly notify the Agent of its receipt of any notice of a violation of any such Environmental Laws or other such Applicable Laws, 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 such Obligor's or Subsidiary's failure to perform its obligations under this SECTION 9.9.
(b) Whenever such Obligor gives notice to the Agent pursuant to this SECTION 9.9 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary in excess of $250,000 in the aggregate, such Obligor shall, at the Agent's request and the Obligors' expense (i) cause an independent environmental engineer acceptable to the Agent to conduct an assessment, including tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent a report setting forth the results of such assessment, a proposed plan to bring such Obligor or Subsidiary into compliance with such Environmental Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (ii) provide to the Agent a supplemental report of such engineer whenever the scope of the noncompliance, or the response thereto or the estimated costs thereof, shall materially adversely change.
Hazardous Waste and Substances; Environmental Requirements. Borrower shall comply with all occupational health and safety laws and Environmental Laws.
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 from or through any Governmental Authority 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.
(b) Whenever the Borrower gives notice to the Lender pursuant to this SECTION 8.7 with respect to a matter that reasonably could be expected to result in liability to the Borrower in excess of $50,000 in the aggregate, the Borrower shall, at the Lender's written request and the Borrower's expense, (i) cause an independent environmental engineer acceptable to the Lender to conduct such tests of the site as are necessary in the professional judgment of the environmental engineer to determine the nature and extent of the environmental impact to the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Lender a report setting forth the results of such tests, a proposed plan to bring the Borrower into compliance with such Environmental Laws and an estimate of the costs thereof, and (ii) provide to the Lender a supplemental report of such engineer or other engineer acceptable to the Lender whenever the scope of the noncompliance or the response thereto or the estimated costs thereof shall materially change.
Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 11.2 and of the Security Documents, each Loan Party will, and will cause each of its Subsidiaries to, (i) comply with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that would not reasonably be expected to have a Materially Adverse Effect and that are being contested in good faith by appropriate proceedings if reserves in respect of reasonably anticipated liability therefor have been appropriately established), (ii) promptly notify Agent of its receipt of any notice of a violation of any such Environmental Laws or such other Applicable Laws that would reasonably be expected to have a Materially Adverse Effect and (iii) indemnify and hold each Credit Party harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon any Credit Party on account of failure to perform its obligations under this SECTION 11.9.
(b) Whenever any Loan Party or any of its Subsidiaries gives notice to Agent pursuant to SECTION 11.9(a)(ii) with respect to any matter that reasonably could be expected to result in liability to any Loan Party in excess of $10,000,000 in the aggregate, such Loan Party will, or will cause such Subsidiary to, at Agent's request and at such Loan Party's or such Subsidiary's expense, (i) cause an independent credentialed environmental engineer acceptable to Agent to conduct an assessment meeting all requirements of Agent and Applicable Law, including tests where necessary, feasible and appropriate of the site where the noncompliance or alleged noncompliance with Environmental Law has occurred and prepare and deliver to Agent a report setting forth the results of such assessment, a proposed plan to bring such Loan Party into compliance with such Environmental Law (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (iii) provide to Agent a supplemental report of such engineer whenever the scope of the noncompliance, or the response thereto or the estimated costs thereof, shall materially adversely change.
Hazardous Waste and Substances; Environmental Requirements. In addition to, and not in derogation of, the requirements of Section 6.2 and of the Security Agreement, governmental standards and regulations applicable to 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 Borrower’s failure to perform its obligations under this Section 6.6.
Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of Section 9.2 and of the Security Documents, substantially comply with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that are being contested in good faith by appropriate proceedings if reserves in respect of such Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established), promptly notify the Agent of its receipt of any written notice of a violation of any such Environmental Laws or other such Applicable Laws and indemnify and hold the Agent and the Lenders harmless from all Environmental Liabilities incurred by or imposed upon the Agent or any Lender on account of such Borrower's failure to perform its obligations under this Section 9.9.
(b) Such Borrower shall not cause or permit a Release of any Contaminant on, at, in, under, above, to, from or about any of the Real Estate where such Release would (a) violate in any respect, or form the basis for any Environmental Liabilities under, any Environmental Laws or Environmental Permits or (b) otherwise adversely impact the value or marketability of any of the Real Estate or any of the Collateral, other than such violations or impacts which could not reasonably be expected to have a Materially Adverse Effect on such Borrower.
Hazardous Waste and Substances; Environmental Requirements. (a) Mortgagor shall comply with all laws, governmental standards and regulations applicable to Mortgagor or to the Property in connection with occupational health and safety, hazardous waste and substances, and environmental matters. Mortgagor shall promptly notify Mortgagee of its receipt of any notice of: (i) a violation of any such law, standard or regulation; (ii) all claims made or threatened by any third party against Mortgagor or the Property relating to any loss or injury resulting from any Hazardous Substances; and (iii) Mortgagor’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any environmental law. The use, generation, storage, release, threatened release, discharge, disposal or presence on, under or about the Property of Hazardous Substances by Mortgagor, Mortgagor’s agents, or any tenant or sublessee occupying part or all of the Property, except in minor quantities as necessary for the operation and maintenance of the Property, used and stored in accordance with applicable law, or in the form of consumer products held for retail sale in sealed containers, shall be an event of default under this Mortgage, and Mortgagor shall not engage in or permit such activities or events to occur upon the Property.
(b) Mortgagor shall defend, indemnify and hold Mortgagee, its directors, officers, employees, agents, successors and assigns harmless from all loss, cost, damage, claim and expense (including attorney fees and costs, whether at trial, on appeal or otherwise) incurred by Mortgagee in connection with the falsity in any material respect of the covenants contained herein or of Mortgagor’s failure to perform the obligations of this paragraph A.3.
(c) Mortgagor agrees that a receiver maybe appointed to enable Mortgagee to enter upon and inspect the Property for the purpose of determining the existence, location, nature and magnitude of any past or present release or threatened release of any hazardous substance into, onto, beneath or from the Property. Any costs incurred by Mortgagee in obtaining the appointment of a receiver and performing the inspections, including reasonable attorney fees, shall be paid by Mortgagor. If not paid within ten (10) days after such fees, costs and expenses become due and written demand for payment is made u...
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 in all material respects with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that are being contested in good faith by appropriate proceedings if reserves in respect of any Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established), promptly notify the Administrative Agent of its receipt of any notice of a violation of any such Environmental Laws or other such Applicable Laws and indemnify and hold harmless the Administrative Agent and the Lenders from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Administrative Agent or any Lender on account of a Borrower's failure to perform its obligations under this SECTION 9.9.
Hazardous Waste and Substances; Environmental Requirements. Borrower shall comply with all occupational health and safety laws and Environmental Laws, except to the extent the failure to so comply could not reasonably be expected to have a Material Adverse Change.
Hazardous Waste and Substances; Environmental Requirements. Each Loan Party shall comply with all occupational health and safety laws and Environmental Laws applicable to such Loan Party in all material respects.
