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 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 8.2 and of the Security DocumentsSection 8.02 hereof, comply with all laws, governmental standards and regulations applicable to the Borrower Borrowers or to any of its their 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 Borrowers' failure to perform its obligations under this SECTION 8.7Section 8.07. (b) Whenever the Borrower gives Borrowers give notice to the Lender pursuant to this SECTION 8.7 Section 8.07 with respect to a matter that reasonably could be expected to result in liability to the Borrower Borrowers in excess of $50,000 250,000 in the aggregate, the Borrower Borrowers shall, at the Lender's written request and the Borrower's Borrowers' 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 Borrowers into 78369 52 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 Section 8.2 and of the Security Documents, except to the extent the failure to do so would not have a Materially Adverse Effect, comply and cause each Subsidiary to 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 8.7Section 8.6. (b) Whenever the Borrower gives notice to the Lender pursuant to this SECTION 8.7 Section 8.6 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 Borrower shall (i) except where noncompliance would not in derogation of, the requirements of SECTION 8.2 and of the Security Documentsreasonably be expected to have Material Adverse Effect, 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, (ii) 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 regulation, and (iii) 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 8.77.7. (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 aggregate7.7, 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.the

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 8.2 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, promptly notify the Lender Agent 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 Agent and 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 the Borrower's failure to perform its obligations under this SECTION 8.79.7. (b) Whenever the Borrower gives notice to the Lender Agent pursuant to this SECTION 8.7 9.7 with respect to a matter that reasonably could be expected to result in liability to the Borrower in excess of $50,000 25,000 in the aggregate, the Borrower shall, at the LenderAgent's written request and the Borrower's expense, (i) cause an independent environmental engineer acceptable to the Lender Agent 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 Agent and the Lenders 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 Agent and the Lenders 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.