No Hazardous Material. Neither Borrower nor, to the best knowledge and belief of Borrower, any other Person has ever:
(1) caused or knowingly permitted any Hazardous Material to be placed, held, located or disposed of, in, on, under or about the Secured Property or any part thereof except as disclosed in that certain Report of Phase I Environmental Site Assessment prepared by ENSR International, dated February 19, 2002, Project No. 0000-000-000 and except for goods held for resale in their original packaging, none of which Hazardous Materials have been placed, held, located or disposed of in violation of any Legal Requirement or Environmental Requirements, or caused or knowingly permitted, in violation of any Legal Requirement, any Hazardous Material to be placed, held, located or disposed of, in, on, under or about any other real property legally or beneficially owned (or any interest or estate which is so owned) by Borrower in any jurisdiction now or hereafter having in effect a so-called "superlien" law or ordinance (the effect of which superlien law or ordinance would be to permit the creation of a lien on the Secured Property to secure any obligation), and neither the Secured Property, nor any part thereof, nor any other real property legally or beneficially owned (or any interest or estate therein which is so owned) by Borrower in any jurisdiction now or hereafter having in effect a so-called "superlien" law or ordinance or any part thereof, has ever been used (whether by Borrower or, to the best knowledge or belief of Borrower, by any other Person) as a dump site, storage (whether permanent or temporary) site or transfer site for any Hazardous Material; or
(2) caused or knowingly permitted any asbestos or underground fuel storage facility to be located in, on, under or about the Secured Property; or
(3) discovered any occurrence or condition on any real property adjoining or in the vicinity of the Secured Property that could cause the Secured Property or any part thereof to be subject to any remediation requirements or any restrictions on the ownership, occupancy, transferability or use of the Secured Property under any Environmental Requirement.
No Hazardous Material. Neither Grantor nor, to the best knowledge and belief of Grantor, any other Person has ever:
No Hazardous Material. No Hazardous Material (as defined in Section 3.14 below) shall be present at the Property other than those customarily used, stored and contained in quantities, and in such manner, that do not violate any law or regulation relating thereto (including, without limitation, heating oil, cleaning fluids and supplies, refrigerants and paint) or as otherwise disclosed in Section 3.13 below or in Exhibit P hereto.
No Hazardous Material. Resident will not keep any explosives or flammable fluids or material of any kind constituting afire hazard inside or around the Premises.
No Hazardous Material. Transported to NPL Sites. Neither Borrower nor any of its Subsidiaries has transported or arranged for the transportation of any Hazardous Material to any location that is listed on the National Priorities List ("NPL") under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), listed for possible inclusion on the NPL by the Environmental Protection Agency in the Comprehensive Environmental Response and Liability Information System, as provided for by 40 C.F.R. Section 300.5 ("CERCLIS"), or on any similar state or local list or that is the subject of Federal, state or local enforcement actions or other investigations that may lead to Environmental Claims against Borrower or any of its Subsidiaries.
No Hazardous Material. Lessee shall not use, dispose, or release on the Leased Premises, or to permit to be used, disposed of or released on the Leased Premises, any Hazardous Materials (other than those Lessee has been licensed or permitted by applicable public authorities or governmental entities to use on the Leased Premises). Should any Hazardous Materials be released on the Leased Premises, Lessee shall notify all appropriate governmental entities of such an event, and then immediately thereafter notify the Lessor and take all actions, at Xxxxxx’s sole cost and expense, that are required to clean up and correct any damage caused by said release. The provisions of this paragraph shall survive the termination of this Lease.
No Hazardous Material. The Grantors warrant and represent that, as of the date hereof, there is no Hazardous Material on or in the Mortgaged Property, or being released or discharged therefrom including, without limitation, all real and personal property described in the granting clause hereof, the soil and the ground water thereof, including the streams crossing or abutting the Mortgaged Property and the aquifer underlying the Mortgaged Property, whether such Hazardous Material be located or placed on or within the Mortgaged Property by spill, release, discharge, disposal, storage, or otherwise. To the best of the Grantors' knowledge after due and diligent inquiry: (i) no part of the Mortgaged Property has ever been used as a manufacturing, storage, or dump site for Hazardous Material, nor is any part of the Mortgaged Property affected by any Hazardous Material Contamination; (ii) no property adjoining the Mortgaged Property has ever been used as a manufacturing, storage, or dump site for Hazardous Material; and (iii) no property adjoining the Mortgaged Property is affected by Hazardous Material Contamination. The Grantors covenant and agree that from the date hereof through the Termination Date, the Grantors and the Grantors' Agents shall not engage in any of the following prohibited activities, and the Grantors shall use their best and diligent efforts to see that the Grantors' invitees and tenants, and such tenants' employees, agents, and invitees shall not:
(a) Cause or permit any releases or discharges of Hazardous Material from the Mortgaged Property; or
(b) Cause or permit any manufacturing, holding, handling, retaining, transporting, spilling, leaking, or dumping of Hazardous Material in or on any portion of the Mortgaged Property; or
(c) Otherwise place, keep, or maintain, or allow to be placed, kept, or maintained, any Hazardous Material on any portion of the Mortgaged Property; provided however that Grantors may use janitorial and similar cleaning supplies in the ordinary course of its business provided further that the same are at all times used, stored and disposed of in accordance with all applicable laws.
No Hazardous Material. Neither Trustor nor, to the best knowledge and belief of Trustor and except as disclosed in the Environmental Site Assessment, any other Person has ever:
No Hazardous Material. The Company has never generated, transported, treated, stored, disposed of or otherwise handled any Hazardous Materials (as Hereinafter defined) at any site, location or facility in connection with its business, its assets or its owned or leased premises ("Company Premises") and, to the knowledge of the Company, no such Hazardous Materials are present on, in or under the Company Premises used in connection with the business or operations of the Company, and, to the knowledge of the Company, such property does not contain (including without limitation, containment by means of any underground storage tank) any Hazardous Materials in violation of any applicable Environmental and Safety Requirements (as hereinafter defined). There are no underground storage tanks on the Company Premises.
No Hazardous Material. Tenant hereby represents, warrants and covenants that: (a) Tenant’s business operations in the Premises do not and will not involve the use, storage or generation of “Hazardous Material” (defined below), without Landlord’s prior written consent (which consent may be withheld in Landlord’s sole and absolute discretion); (b) Tenant shall not cause or permit any Hazardous Material to be brought upon, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the Premises or Shopping Center by Tenant or Tenant’s agents, employees, contractors, subtenants, assigns and invitees (collectively, “Affiliates”); and (c) Tenant shall keep, operate and maintain the Premises in compliance with all, and shall not permit the Premises to be in violation of any, federal, state or local environmental, health and/or safety related law, decision of the courts, ordinance, rule, regulation, code, order, directive, guideline, permit or permit condition currently existing and as amended, enacted, issued or adopted in the future which is applicable to the Premises (collectively, the “Environmental Laws”).
