Common use of No Hazardous Material Clause in Contracts

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 Borrower Except as disclosed to Mortgagee in the Environmental Report or as otherwise disclosed to Mortgagee in writing, neither Mortgagor nor, to the best knowledge and belief of BorrowerMortgagor, 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 Internationalthereof, dated February 19, 2002, Project No. 0000-000-000 and except for goods held for resale the use and storage (in their original packaging, none accordance with all applicable Legal Requirements) of which nominal amounts of janitorial and cleaning supplies and other Hazardous Materials have been placed, held, located or disposed typically used in the ordinary course of in violation of any Legal Requirement or Environmental Requirementsoperating and maintaining a first class office building, 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 Mortgagor 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 Mortgagor 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 Mortgagor or, to the best knowledge or belief of BorrowerMortgagor, 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 Borrower Except as disclosed in the Phase I, neither Mortgagor nor, to the best knowledge and belief of BorrowerMortgagor, 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 Internationalthereof, dated February 19, 2002, Project No. 0000-000-000 and except for goods held for resale the use, storage and disposal (such use, storage and disposal to be in their original packaging, none all cases in accordance with all applicable Legal Requirements) of which de minimis amounts of janitorial and cleaning supplies and other Hazardous Materials have been placedtypically used in (A) the ordinary course of operating and maintaining a warehouse building, held, located or disposed and/or (B) the ordinary course of in violation operations of any Legal Requirement or Environmental Requirements, tenants’ business operations at the Secured Property] 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 Mortgagor 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 Mortgagor 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 Mortgagor or, to the best knowledge or belief of BorrowerMortgagor, 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 Borrower Except as disclosed in the Phase I, neither Mortgagor nor, to the best knowledge and belief of BorrowerMortgagor, 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 Internationalthereof, dated February 19, 2002, Project No. 0000-000-000 and except for goods held for resale the use, storage and disposal (such use, storage and disposal to be in their original packaging, none all cases in accordance with all applicable Legal Requirements) of which de minimis amounts of janitorial and cleaning supplies and other Hazardous Materials have been placed, held, located or disposed typically used in (A) the ordinary course of in violation operating and maintaining a first class office building and/or (B) the ordinary course of any Legal Requirement or Environmental Requirementsoperations of tenants’ business operations at the Secured Property, 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 Mortgagor 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 Mortgagor 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 Mortgagor or, to the best knowledge or belief of BorrowerMortgagor, 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.