Common use of Hazardous Waste and Substances; Environmental Requirements Clause in Contracts

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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 10.2 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 such ObligorBorrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established), promptly notify the Administrative Agent of its receipt of any written notice of a violation of any such Environmental Laws or other such Applicable Laws, Laws and indemnify and hold the Administrative Agent and the Lenders 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 Obligor's or SubsidiaryBorrower's failure to perform its obligations under this SECTION 9.910.9. (b) Whenever such Obligor a Borrower gives notice to the Administrative Agent pursuant to this SECTION 9.9 10.9 or otherwise with respect to a matter that reasonably could be expected to result in material liability to such Obligor Borrower or any Subsidiary in excess of $250,000 in under any Environmental Law, the aggregate, such Obligor Borrowers shall, at the Administrative Agent's request and the ObligorsBorrowers' expense (i) cause an independent environmental engineer acceptable to the Administrative Agent in its reasonable judgment 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 Administrative Agent a report setting forth the results of such assessment, a proposed plan to bring such Obligor Borrower (or Subsidiary such Subsidiary) into compliance with such Environmental Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (ii) provide to the Administrative 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 8.2 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 would not have a Materially Adverse Effect or are being contested in good faith by appropriate proceedings if reserves in respect of such Obligorthe Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately establishedestablished in accordance with GAAP), promptly notify the Agent of its receipt of any notice of a violation of any such Environmental Laws or other such Applicable Laws, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.98.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 8.9 or otherwise with respect to a matter that reasonably could be expected to result in liability to such Obligor the Borrower or any Subsidiary in excess of $250,000 1,000,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's 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 the Borrower (or such Obligor or Subsidiary 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 10.2 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 Obligorthe Borrower'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, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.910.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 10.9 or otherwise with respect to a matter that reasonably could be expected to result in liability to such Obligor the Borrower or any Subsidiary in excess of $250,000 100,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's 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 the Borrower (or such Obligor or Subsidiary 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 Section 8.2 and of the Security Documents, comply with all Environmental Laws laws, governmental standards and all Applicable Laws relating regulations applicable to Borrower or such Subsidiary or to any of its assets in respect of 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)laws, rules and regulations and Environmental Laws, promptly notify the Agent Lender of its receipt of any notice of a violation of any such Environmental Laws law, rule, standard or other such Applicable Laws, regulation and indemnify and hold the Agent and the Lenders Lender harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Agent or any Lender on account of such ObligorBorrower's or such Subsidiary's failure to perform its obligations under this SECTION 9.9Section 8.7. (b) Whenever such Obligor Borrower gives notice to the Agent Lender pursuant to this SECTION 9.9 Section 8.7 with respect to a matter that reasonably could be expected to result in liability to such Obligor Borrower or any Subsidiary in excess of $250,000 100,000 in the aggregate, such Obligor Borrower shall, at the AgentLender's request and the Obligors' expense Borrower's expense, (i) cause an independent environmental engineer acceptable to the Agent Lender to conduct an assessment, including such tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent Lender a report setting forth the results of such assessmenttests, a proposed plan to bring Borrower or 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 Lender a supplemental report of such engineer whenever the scope of the noncompliance, noncompliance or the response thereto or the estimated costs thereof, thereof shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 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 ObligorBorrower'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 material 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 Subsidiaryany Borrower's failure to perform its obligations under this SECTION Section 9.9. (b) . Whenever such Obligor Borrower gives notice to the Agent pursuant to this SECTION Section 9.9 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary a Borrower in excess of $250,000 50,000 in the aggregate, such Obligor Borrower shall, at the Agent's request and the Obligors' such Borrower's 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 Borrower 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. (a) In addition to, and not in derogation of, the requirements of SECTION 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 Section 9.9. (b) Whenever such Obligor gives notice to the Agent pursuant to this SECTION 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 10.2 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 Obligorthe Borrower'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, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.910.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 10.9 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary the Borrower in excess of $250,000 500,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's 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 the Borrower 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. (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 ObligorBorrower'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 SubsidiaryBorrower's failure to perform its obligations under this SECTION 9.9. (b) Whenever such Obligor Borrower 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 Borrower or Subsidiary in excess of $250,000 500,000 in the aggregate, such Obligor Borrower shall, at the Agent's request and the ObligorsBorrowers' 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 Borrower 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 Section 10.2 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 such Obligorthe Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately establishedestablished and would be required by GAAP), promptly notify the Agent of its receipt of any notice of a material violation of any such Environmental Laws or other such Applicable Laws, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.9Section 10.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 Section 10.9 with respect to a matter that reasonably could be expected to result in liability to the Borrower or such Obligor or Subsidiary in excess of $250,000 500,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's 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 the Borrower or 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 Section 8.2 and of the Security Documents, comply in all material respects with all Environmental Laws laws, governmental standards and all Applicable Laws relating regulations applicable to the Borrower or to any of its assets in respect of 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)laws, rules and regulations and Environmental Laws, promptly notify the Agent Lender of its receipt of any notice of a violation of any such Environmental Laws law, rule, standard or other such Applicable Laws, regulation and indemnify and hold the Agent and the Lenders Lender 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.9Section 8.7. (b) Whenever such Obligor the Borrower gives notice to the Agent Lender pursuant to this SECTION 9.9 Section 8.7 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary the Borrower in excess of $250,000 100,000 in the aggregate, such Obligor the Borrower shall, at the AgentLender's request and the Obligors' expense Borrower's expense, (i) cause an independent environmental engineer acceptable to the Agent Lender to conduct an assessment, including such tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent Lender a report setting forth the results of such assessmenttests, a proposed plan to bring such Obligor or Subsidiary the Borrower into compliance with such Environmental Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (ii) provide to the Agent Lender a supplemental report of such engineer whenever the scope of the noncompliance, noncompliance or the response thereto or the estimated costs thereof, thereof shall materially adversely change.

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 Obligorthe Borrower'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, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 or otherwise with respect to a matter that reasonably could be expected to result in liability to such Obligor the Borrower or any Subsidiary in excess of $250,000 100,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' Borrower's 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 the Borrower (or such Obligor or Subsidiary 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 10.2 and of the Security Documents, comply with all Environmental Laws laws, governmental standards and all Applicable Laws relating regulations applicable to such Borrower or such Subsidiary or to any of their respective assets in respect of 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)laws, rules and regulations and Environmental Laws, promptly notify the Agent of its receipt of any notice of a violation of any such Environmental Laws law, rule, standard or other such Applicable Laws, regulation and indemnify and hold the Agent and the Lenders each Lender harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Agent or any Lender on account of such ObligorBorrower's or Subsidiary's failure to perform its obligations under this SECTION 9.910.7. (b) Whenever such Obligor a Borrower gives notice to the Agent pursuant to this SECTION 9.9 10.7 with respect to a matter that reasonably could be expected to result in liability to such Obligor Borrower or Subsidiary any of its Subsidiaries in excess of $250,000 25,000 in the aggregate, such Obligor Borrower shall, at the Agent's request and the Obligors' expense such Borrower's expense, (i) cause an independent environmental engineer acceptable to the Agent to conduct an assessment, including such tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent and the Lenders a report setting forth the results of such assessmenttests, a proposed plan to bring such Obligor Borrower 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 and the Lenders a supplemental report of such engineer whenever the scope of the noncompliance, noncompliance or the response thereto or the estimated costs thereof, thereof shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 8.2 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 such Obligorthe Borrower'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 material violation of any such Environmental Laws or other such Applicable Laws, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.98.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 8.9 or otherwise with respect to a matter noncompliance or alleged noncompliance with Environmental Laws that reasonably could be expected to result in liability to such Obligor the Borrower or any Subsidiary in excess of $250,000 500,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' Borrower's expense (i) cause an independent environmental 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 the Borrower (or such Obligor or Subsidiary 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 Section 10.2 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 Obligorthe Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately establishedestablished in accordance with GAAP), promptly notify the Agent of its receipt of any notice of a violation of any such Environmental Laws or other such Applicable Laws, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.9Section 10.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 Section 10.9 or otherwise with respect to a matter that reasonably could be expected to result in liability to such Obligor the Borrower or any Subsidiary in excess of $250,000 500,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's 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 the Borrower (or such Obligor or Subsidiary 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. (a) In Each Borrower shall in addition to, and not in derogation of, the requirements of SECTION 9.2 8.2 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 which would not, singly or in good faith by appropriate proceedings if reserves the aggregate have a Materially Adverse Effect) with all laws, governmental standards and regulations applicable to it or to any of its assets in respect of such Obligor's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established)occupational health and safety laws, rules and regulations and Environmental Laws, promptly notify the Agent Lender of its receipt of any notice of a violation of any such Environmental Laws law, rule, standard or other such Applicable Laws, regulation and indemnify and hold the Agent and the Lenders Lender 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 any failure to perform its obligations under this SECTION 9.98.7. (b) Whenever such Obligor any Borrower gives notice to the Agent Lender pursuant to this SECTION 9.9 8.7 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary Borrower in excess of $250,000 in the aggregate, such Obligor Borrower shall, at the AgentLender's request and the Obligors' expense such Borrower's expense, (i) cause an independent environmental engineer acceptable to the Agent Lender to conduct an assessment, including such tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent Lender a report setting forth the results of such assessmenttests, a proposed plan to bring such Obligor or Subsidiary Borrower into compliance with such Environmental Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (ii) provide to the Agent Lender a supplemental report of such engineer whenever the scope of the noncompliance, noncompliance or the response thereto or the estimated costs thereof, thereof shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 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 ObligorBorrower'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 SubsidiaryBorrower's failure to perform its obligations under this SECTION Section 9.9. (b) Whenever such Obligor Borrower gives notice to the Agent pursuant to this SECTION Section 9.9 with respect to a matter that reasonably could be expected to result in liability to such Obligor Borrower or Subsidiary in excess of $250,000 100,000 in the aggregate, such Obligor Borrower shall, at the Agent's request and the ObligorsBorrowers' expense 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 Borrower 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 Section 10.2 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 Obligorthe Borrower'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, 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 Subsidiarythe Borrower's failure to perform its obligations under this SECTION 9.9Section 10.9. (b) Whenever such Obligor the Borrower gives notice to the Agent pursuant to this SECTION 9.9 Section 10.9 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary the Borrower in excess of $250,000 50,000.00 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's 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 the Borrower 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 and of the Security Documents8.02 hereof, comply with all Environmental Laws laws, governmental standards and all Applicable Laws relating regulations applicable to the Borrowers or to any of their assets in respect of 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)laws, rules and regulations and Environmental Laws, promptly notify the Agent Lender of its receipt of any notice of a violation of any such Environmental Laws law, rule, standard or other such Applicable Laws, regulation and indemnify and hold the Agent and the Lenders Lender 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 the Borrowers' failure to perform its obligations under this SECTION 9.98.07. (b) Whenever such Obligor gives the Borrowers give notice to the Agent Lender pursuant to this SECTION 9.9 8.07 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary the Borrowers in excess of $250,000 in the aggregate, such Obligor the Borrowers shall, at the AgentLender's request and the ObligorsBorrowers' expense expense, (i) cause an independent environmental engineer acceptable to the Agent Lender to conduct an assessment, including such tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent Lender a report setting forth the results of such assessmenttests, a proposed plan to bring such Obligor or Subsidiary the Borrowers into compliance with such Environmental Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (ii) provide to the Agent Lender a supplemental report of such engineer whenever the scope of the noncompliance, noncompliance or the response thereto or the estimated costs thereof, thereof shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, to and not in derogation of, the requirements of SECTION 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 ObligorBorrower'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 material 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, liability claim and expense incurred by or imposed upon the Agent or any Lender on account of such Obligor's or Subsidiaryany Borrower's failure to perform its obligations under this SECTION Section 9.9. (b) Whenever such Obligor Borrower gives notice to the Agent pursuant to this SECTION Section 9.9 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary a Borrower in excess of $250,000 50,000 in the aggregate, such Obligor Borrower shall, at the Agent's request and the Obligors' expense such Borrower's 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 Borrower 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. (a) In addition to, and not in derogation of, the requirements of SECTION 9.2 8.2 and of any of the Security Documents, comply with all Environmental Laws laws, governmental standards and all Applicable Laws relating regulations applicable to the Borrower, the Real Estate or any of the Borrower's other assets in respect of occupational health and safety (except for instances and Environmental Laws applicable to the Borrower, the Real Estate or any of noncompliance that are being contested in good faith by appropriate proceedings if reserves in respect of such Obligorthe Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established)other assets, promptly notify the Agent and each Lender of its receipt of any notice of a violation of any such Environmental Laws law, rule, standard or other such Applicable Lawsregulation, and indemnify and hold the Agent and the Lenders each Lender harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Agent or any such Lender on account of such Obligor's or Subsidiarythe Borrower's failure to perform its the obligations under of this SECTION 9.98.10(A). (b) Whenever such Obligor the Borrower gives notice to the Agent Lender pursuant to this SECTION 9.9 8.10 with respect to a matter that reasonably could be expected to result in liability to such Obligor or Subsidiary the Borrower in excess of $250,000 500,000 in the aggregate, such Obligor the Borrower shall, at the Agent's request and the Obligors' expense Borrower's expense, (i) cause an independent environmental engineer acceptable to the Agent to conduct an assessment, including such tests where necessary, of the site where the noncompliance or alleged noncompliance with Environmental Laws has occurred and prepare and deliver to the Agent and each Lender a report setting forth the results of such assessmenttests, a proposed plan to bring such Obligor or Subsidiary the Borrower into compliance with such Environmental Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (ii) provide to the Agent and each Lender a supplemental report of such engineer whenever the scope of the noncompliance, noncompliance or the response thereto or the estimated costs thereof, thereof shall materially adversely change.