HAZARDOUS WASTE OR SUBSTANCES Sample Clauses

HAZARDOUS WASTE OR SUBSTANCES. 8.1 To the best of its knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and regulations of all governmental authorities having jurisdiction with respect to the Property and hereby warrants that to the best of Seller's knowledge no portion of the Property or of any tract in the immediate area of the Property has been used as a site for storage, treatment or disposal of, or been the location of the spill or leakage of any hazardous or noxious substances or petroleum substances and/or any waste or recycled products thereof (as such substances are defined by applicable state or federal regulations as of the date of this Agreement.) Without limitation of the foregoing, Seller has exercised due diligence in determining that the Property and its owner and/or operators thereon are not (i) currently in violation of any existing, pending or threatened investigation or inquiry by any governmental authority; or (ii) in receipt of any notice of any liability under any applicable laws pertaining to health or the environment, including, without limitation, the Superfund Amendments and Reauthorization Act of 1986, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (42 USC 9601 et seq.) and the Solid Waste Disposal Act, as amended (42 USC 6901 et seq.); or (iii) subject to any notice of any pending or prior claims or litigation concerning the Property of which Seller has actual or constructive notice. Seller agrees to assign to Purchaser any rights Seller may have under any state, federal or local environmental laws, regulations, funds (including but not limited to the Kansas Underground Storage Tank Trust Fund) or common law, and any rights Seller may have under any existing or pre-existing form of insurance, including but not limited to pre-existing comprehensive liability insurance policies that may not exclude environmental matters, if any claim against Purchaser shall be forthcoming as the result of any existing environmental condition on the Property.
AutoNDA by SimpleDocs
HAZARDOUS WASTE OR SUBSTANCES. To the best of Grantor’s knowledge, there are no areas of the property where hazardous substances or hazardous wastes, as such terms are defined by applicable Federal and State statutes and regulations, have been disposed of, released, or found on the property.
HAZARDOUS WASTE OR SUBSTANCES. 13.1 Except for the Tenant's use of the Leased Premises as described and permitted in Article XII above ("Tenant's Use"), Tenant shall not use the Leased Premises for the generation, storage or treatment of hazardous waste or substances, and hereby certifies that its operations or other use of the Leased Premises will not involve same. For purposes of this lease, the term "Hazardous Waste or Substances" is defined by cumulative reference to the following sources as amended from time to time: (1) The Resource Conservation and Recovery Act of 1976, 42 USC ~901 et seq (RCRA); (2) Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. ~9601 et seq.; (3) Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. ~6901 et seq; (4) CPA Federal Regulations promulgated thereunder and codified in 40 C.F.R. Parts 260-265 and Parts 122-124; (5) New Hampshire R.S. A. Ch 147 and 147-A; (6) New Hampshire Regulations promulgated thereunder by any Agency or Department of the state. 13.2 Tenant agrees not to release or dispose of any Hazardous Waste or Substances at the Leased Premises, nor to permit the same, at any time other than in accordance with ordinary business practice and in compliance with applicable laws, rules, ordinances and regulations. Tenant covenants to strictly comply with all the requirements of all environmental laws and to immediately notify Landlord of the presence (except as permitted in conjunction with Tenant's Use), release, discharge, spill or threat of release, discharge or spill of any Hazardous Waste or Substance at or from the Leased Premises or any notice or claim received by it of any violation of any environmental laws. 13.3 Tenant warrants and acknowledges that at no time have funds been expended from the State of New Hampshire's hazardous waste cleanup fund established under RSA 147-B with respect to any of Tenant's property located within New Hampshire which would entitle the State to also called superlien under RSA 147-B: 10 III. Tenant also acknowledges same with respect to similar laws of any other state which liens might possibly affect the Leased Premises. The warranty of this section will survive the expiration or termination of this Lease.

Related to HAZARDOUS WASTE OR SUBSTANCES

  • Hazardous Waste The term “Hazardous Substances,” 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 the pollution or protection of the environment. Tenant hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substances; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances; (iii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface of subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Tenant will not permit any hazardous Substances to be brought onto the Premises, and if so brought thereon, then the same shall be immediately removed with proper disposal, and all required clean-up 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 upon reasonable notice except in case of an emergency for the purpose of ensuring compliance with all Environmental Laws. If Tenant so contaminates the Premises, then Tenant shall promptly and diligently institute proper and thorough clean-up procedures at Tenant’s sole cost, and Tenant hereby indemnifies and holds Landlord harmless from and against all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of Tenant’s failure to comply with this Paragraph 48. The foregoing indemnification and the responsibilities of Tenant shall survive the expiration or earlier termination of this Lease.

  • Hazardous Wastes In the event that the Mortgaged Property, related to a Mortgage Loan which is being considered for liquidation by foreclosure or the transfer of a deed-in-lieu of foreclosure, contains, and the Servicer has reason to believe that it contains, hazardous or regulated substances which may impose liability, for damages, remediation or otherwise, upon the owner of such Mortgaged Property pursuant to Federal, State or local law, the Servicer shall not, except with the express prior written approval of the Master Servicer, which approval makes specific reference to the presence of such hazardous or regulated substances, undertake or continue the process of foreclosure with respect to such Mortgaged Property.

  • TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide such Authorized User with not less than two copies of a material safety data sheet, which sheet shall include for each such substance the information outlined in Section 876 of the Labor Law. Before any chemical product is used or applied on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Authorized User agency representative.

  • 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.

  • Hazardous Substance The term “Hazardous Substance” shall mean any hazardous or toxic substances, materials or wastes, or pollutants or contaminants as defined, listed or regulated by any Environmental Law or by common law decision including, without limitation, chlorinated solvents; petroleum products or by products; asbestos; and polychlorinated biphenyl.

  • Chemical Substances Supplier warrants that: (i) each chemical substance contained in Products is on the inventory of chemical substances compiled and published by the Environmental Protection Agency pursuant to the Toxic Substances Control Act and (ii) all Material Safety Data Sheets required to be provided by Supplier for Products shall be provided to DXC prior to shipment of the Products and shall be complete and accurate.

  • Definition of Hazardous Materials For purposes of this Lease, the term “Hazardous Material” or “Hazardous Materials” shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County acting in its governmental capacity, the State of California or the United States government.

  • No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or (B) are present on, over, beneath, in or upon any Real Property or any portion thereof in quantities that would constitute a violation of any Environmental Laws. No prior use by the Company or any of its Subsidiaries of any Real Property has occurred that violates any Environmental Laws, which violation would have a material adverse effect on the business of the Company or any of its Subsidiaries.

  • Controlled Substances The use or possession of any controlled substance will result in immediate cancellation of the use agreement.

  • Hazardous Materials Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!