Common use of HSE Matters Clause in Contracts

HSE Matters. Except as would not be reasonably likely to have a Material Adverse Effect: (i) The Fee Interests, the Leased Premises and the operations of the Contributor and any Affiliate thereof in connection with the Contributed Business are in compliance with all HSE Laws and (ii) to the extent arising out of the Contributor's or any Affiliate's ownership or use of the Assets or operation of the Contributed Business, there are no Chemical Substances held, located, released, generated, treated, stored or disposed of, on, under or from the Fee Interests or the Leased Premises or in, on or from any fixtures or improvement thereon in excess of any standard prescribed or permitted by any HSE Laws or which require corrective or other action pursuant to the provisions of any HSE Laws. (b) Neither the Contributor nor any Affiliate has received any notice from any federal, state, or local agency naming the Contributor or such Affiliate as a potentially responsible party ("PRP"), or otherwise notifying the Contributor or such Affiliate of any potential liability under either the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, ("CERCLA" or "Superfund"), the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"), or any state statute, rule or local regulation imposing liability similar to CERCLA or RCRA that relates in any way to any Chemical Substances generated by or derived from the operations on the Fee Interests, or the Leased Premises; nor has the Contributor nor any of its Affiliates received any comparable claim or notice from any private party. (c) The Contributor or an Affiliate thereof, as applicable, has been and is, in compliance with, all permits, licenses, approvals, permission, or authorizations necessary for its operations in connection with the Contributed Business to comply in all respects with HSE Laws. (i) Neither the Contributor nor any Affiliate thereof has received written notice of any actual, impending, or potential proceedings, allegations, claims, losses, actions, investigations or inquiries of any kind in connection with the Contributed Business and HSE Laws or Chemical Substances ("HSE Proceedings") and (ii) neither the Contributor nor any Affiliate thereof has any Knowledge of any facts, events or occurrences that would reasonably be expected to result in any HSE Proceedings being brought. (e) Neither the Contributor nor any Affiliate thereof is party to, or is subject to the terms of, any consent order, consent judgment, consent decree, court or administrative order or judgment, agreement, schedule, or decree issued by any Authority with respect to the Contributed Business.

HSE Matters. Except as would not be reasonably likely to have a Material Adverse Effect: (i) The Fee Interests, the Leased Premises and the operations of the Contributor and any Affiliate thereof its Affiliates in connection with the Contributed Business Assets are in compliance with all HSE Laws and (ii) to the extent arising out of the Contributor's or any Affiliate's ownership or its Affiliates' ownership, use of the Assets or operation of the Contributed BusinessAssets, there are no Chemical Substances held, located, released, generated, treated, stored or disposed of, of on, under or from the such Fee Interests or the such Leased Premises or in, on or from any fixtures or improvement permanent improvements thereon or transported, disposed or arranged for transport or disposal offsite such Fee Interests or such Leased Premises in excess or in contravention of any standard prescribed or permitted by any HSE Laws or which that require corrective or other action pursuant to the provisions of any HSE Laws. (b) Neither the Since May 1, 1993, Contributor nor any Affiliate has and its Affiliates have not received any written notice from any federal, stateAuthority, or local agency any comparable written claim or notice from any other Person, naming the Contributor or such Affiliate its Affiliates as a potentially responsible party ("PRP")party, or otherwise notifying the Contributor or such Affiliate any of its Affiliates of any potential liability under either the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, ("CERCLA" or "Superfund"), the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"), or any state statute, rule or local regulation imposing liability similar to CERCLA or RCRA HSE Law that relates in any way to any Chemical Substances stored or disposed on or under or generated by or derived or transported from the operations on the Fee Interests, or the Leased Premises; nor has the Premises of Contributor nor or any of its Affiliates received any comparable Affiliates, regardless of whether the events that gave rise to such claim or notice from any private partyallegedly occurred before or after May 1, 1993. (c) The Contributor or an Affiliate thereofand its Affiliates, as applicable, has been have been, since May 1, 1993, and is, are in compliance with, with all permits, licenses, approvals, permission, or authorizations necessary for its operations in connection with the Contributed Business to comply in all respects with then applicable HSE LawsLaws and all such permits, licenses, approvals, permission, and authorizations have been issued and are in full force and effect. (i) Neither the Contributor nor any Affiliate thereof has and its Affiliates have not received written notice of any actual, impendingpending, threatened or potential proceedings, allegations, claims, losses, actions, investigations or inquiries Proceedings of any kind in connection with the Contributed Business and HSE Laws Laws, Product Exposure Claims or Exposure Claims (including exposure of any Person or the Environment to any Chemical Substances Substances) ("HSE Proceedings") and (ii) neither the Contributor nor any Affiliate thereof has any and its Affiliates have no Knowledge of any facts, events or occurrences that would are reasonably be expected to result in any HSE Proceedings being brought. (e) Neither the Contributor nor any Affiliate thereof is party and its Affiliates are not parties to, or is subject to to, the terms of, any consent order, consent judgment, consent decree, court or administrative order or judgment, agreement, schedule, or decree issued by any Authority with respect to any HSE Proceedings. (f) There are no underground storage tanks owned or operated by Contributor and its Affiliates in, on, or under the Contributed BusinessFee Interests or Leased Premises, and Contributor and its Affiliates have no Knowledge of such tanks that were previously located thereon that have since been removed or abandoned in place.

HSE Matters. Except as would not be reasonably likely to have a Material Adverse Effect: (i) The Fee Interests, the Leased Premises and the operations of the each Contributor and any Affiliate thereof in connection with the Contributed Business are in compliance with all HSE Laws and (ii) to the extent arising out of the a Contributor's or any Affiliate's ownership or use of the Assets or operation of the Contributed Business, there are no Chemical Substances held, located, released, generated, treated, stored or disposed of, on, under or from the Fee Interests or the Leased Premises or in, on or from any fixtures or improvement thereon in excess of any standard prescribed or permitted by any HSE Laws or which require corrective or other action pursuant to the provisions of any HSE Laws., (b) Neither the No Contributor nor or any Affiliate has received any notice from any federal, state, or local agency naming the such Contributor or such Affiliate as a potentially responsible party ("PRP"), or otherwise notifying the such Contributor or such Affiliate of any potential liability under either the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, amended ("CERCLA" or "Superfund"), the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"), or any state statute, rule or local regulation imposing liability similar to CERCLA or RCRA that relates in any way to any Chemical Substances generated by or derived from the operations on the Fee Interests, or the Leased PremisesPremises of such Contributor or any Affiliate; nor has the either Contributor nor or any of its Affiliates received any comparable claim or notice from any private party. (c) The Each Contributor or an Affiliate thereof, as applicable, has been and is, in compliance with, all permits, licenses, approvals, permission, or authorizations necessary for its operations in connection with the Contributed Business to comply in all respects with HSE Laws. (i) Neither the No Contributor nor or any Affiliate thereof has received written notice of any actual, impending, or potential proceedings, allegations, claims, losses, actions, investigations or inquiries of any kind in connection with the Contributed Business and HSE Laws or Chemical Substances ("HSE Proceedings") and (ii) neither the no Contributor nor any Affiliate thereof has any Knowledge of any facts, events or occurrences that would reasonably be expected to result in any HSE Proceedings being brought. (e) Neither the No Contributor nor or any Affiliate thereof is party to, or is subject to the terms of, any consent order, consent judgment, consent decree, court or administrative order or judgment, agreement, schedule, or decree issued by any Authority with respect to the Contributed Business.