Common use of No Hazardous Substances Clause in Contracts

No Hazardous Substances. Except as set forth in Section 6(r)(i) of the Disclosure Schedule, and except for Hazardous Substances (as hereinafter defined in Section 6(r)(iii)) generated, stored, treated, manufactured, refined, handled, produced, disposed of or used by Seller in the ordinary course of its business, in compliance with the requirements of currently applicable laws, rules and regulations or otherwise in a manner which would not give rise to any liabilities or obligations under such laws, rules and regulations (i) the Seller has not caused there to be, nor to the Knowledge of the Seller are there, any Hazardous Substances in, on or under any of the Real Property; (ii) the Real Property has not been designated, restricted or investigated by any governmental authority as a result of the actual or suspected presence, spillage, leakage, discharge or other emission of Hazardous Substances; (iii) no Hazardous Substances have been generated, used, stored, treated, manufactured, refined, handled, produced or disposed of in, on or under, and no Hazardous Substances have been transported, released or disposed of at, from or to, the Real Property by Seller or by any persons or agents operating under the control, direction and supervision of Seller including, without limitation, all employees, agents and contractors of Seller; and (iv) Seller has not received any written or oral governmental notice, order, inquiry, investigation, environmental audit or assessment or any lien, encumbrance, decree, easement, covenant, restriction, servitude or proceeding concerning, or arising by reason of, the actual or suspected presence, spillage, leakage, discharge, disposal or other emission of any Hazardous Substance in, on, under, around, about or in the vicinity of, or the transportation of any Hazardous Substance at, from or to, the Real Property. Section 6(r)(i) of the Disclosure Schedule contains a list of all above ground or underground tanks used for the storage of Hazardous Substances on or below the surface of the Real Property;

Appears in 1 contract

Samples: Asset Purchase Agreement (Roundys Inc)

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No Hazardous Substances. Except as set forth in Section 6(r)(i4.27(a) of the Disclosure Schedule, and except for Hazardous Substances (as hereinafter defined in Section 6(r)(iii4.27(c)) generated, stored, treated, manufactured, refined, handled, produced, disposed of or used by Seller the Company or the Subsidiaries in the ordinary course of its businesstheir businesses, in compliance with the requirements of currently applicable laws, rules and regulations or otherwise in a manner which would not give rise to any liabilities or obligations under such laws, rules and regulations (i) neither the Seller Company nor any Subsidiary has not caused there to be, nor to the Knowledge of the Seller are there, any Hazardous Substances in, on or under any of the Real PropertyProperty (as hereinafter defined in Section 4.27(d)); (ii) the none of such Real Property has not been designated, restricted or investigated by any governmental authority or third party as a result of the actual or suspected presence, spillage, leakage, discharge or other emission of Hazardous Substances; (iii) no Hazardous Substances have been generated, used, stored, treated, manufactured, refined, handled, produced or disposed of in, on or under, and no Hazardous Substances have been transported, released or disposed of at, from or to, the any of such Real Property by Seller the Company or any Subsidiary or by any persons or agents operating under the control, direction and supervision of Seller the Company or any Subsidiary, including, without limitation, all employees, agents and contractors of Sellerthe Company or any Subsidiary; and (iv) Seller the Company and the Subsidiaries have not received, nor has not received any of the Real Property been the subject of, any written or oral governmental noticenotice or order or, orderto the Knowledge of the Company, any inquiry, investigation, environmental audit or assessment assessment, or any lien, encumbrance, decree, easement, covenant, restriction, servitude or proceeding (including, without limitation, the recording or filing of any deed notice, deed restriction or lien) concerning, or arising by reason of, the actual or suspected presence, spillage, leakage, discharge, disposal or other emission of any Hazardous Substance in, on, under, around, about or in the vicinity of, or the transportation of any Hazardous Substance at, from or to, the any of such Real Property. Section 6(r)(i4.27(a) of the Disclosure Schedule contains a list of all above ground or underground tanks used for the storage of Hazardous Substances on on, above or below the surface of the any Real Property;.

Appears in 1 contract

Samples: Share Exchange Agreement (Roundys Inc)

No Hazardous Substances. Except as set forth in Section 6(r)(i3.28(a) of the Disclosure Schedule, and except for Hazardous Substances (as hereinafter defined in Section 6(r)(iii3.28(c)) generated, stored, treated, manufactured, refined, handled, produced, disposed of or used by Seller the Company or the Subsidiaries in the ordinary course of its businesstheir businesses, in compliance with the requirements of currently applicable laws, rules and regulations or otherwise in a manner which would not give rise to any liabilities or obligations under such laws, rules and regulations (i) neither the Seller Company nor any Subsidiary has not caused there to be, nor to the Knowledge of the Seller Principal Shareholders are there, any Hazardous Substances in, on or under any of the Real PropertyProperty (as hereinafter defined in Section 3.28(d)); (ii) the none of such Real Property has not been designated, restricted or investigated by any governmental authority as a result of the actual or suspected presence, spillage, leakage, discharge or other emission of Hazardous Substances; (iii) no Hazardous Substances have been generated, used, stored, treated, manufactured, refined, handled, produced or disposed of in, on or under, and no Hazardous Substances have been transported, released or disposed of at, from or to, the any of such Real Property by Seller the Company or any Subsidiary or by any persons or agents operating under the control, direction and supervision of Seller the Company or any Subsidiary, including, without limitation, all employees, agents and contractors of Sellerthe Company or any Subsidiary; and (iv) Seller has the Company and the Subsidiaries have not received any written or oral governmental notice, order, inquiry, investigation, environmental audit or assessment or any lien, encumbrance, decree, easement, covenant, restriction, servitude or proceeding concerning, or arising by reason of, the actual or suspected presence, spillage, leakage, discharge, disposal or other emission of any Hazardous Substance in, on, under, around, about or in the vicinity of, or the transportation of any Hazardous Substance at, from or to, the any of such Real Property. Section 6(r)(i3.28(a) of the Disclosure Schedule contains a list of all above ground or underground tanks used for the storage of Hazardous Substances on or below the surface of the any Real Property;

Appears in 1 contract

Samples: Stock Purchase Agreement (Roundys Inc)

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No Hazardous Substances. Except as set forth in Section 6(r)(i4.29(a) of the Disclosure Schedule, and except for Hazardous Substances (as hereinafter defined in Section 6(r)(iii4.29(c)) generated, stored, treated, manufactured, refined, handled, produced, disposed of or used by Seller the Company or the Subsidiaries in the ordinary course of its businesstheir businesses, in compliance with the requirements of currently applicable laws, rules and regulations or otherwise in a manner which would not give rise to any liabilities or obligations under such laws, rules and regulations (i) the Seller has not caused there to be, nor to the Knowledge of the Seller are there, any no Hazardous Substances in, on or under any of the Real PropertyProperty (as hereinafter defined in Section 4.29(d)); (ii) the none of such Real Property has not been designated, restricted or investigated by any governmental authority as a result of the actual or suspected presence, spillage, leakage, discharge or other emission of Hazardous Substances; (iii) no Hazardous Substances have been generated, used, stored, treated, manufactured, refined, handled, produced or disposed of in, on or under, and no Hazardous Substances have been transported, released or disposed of at, from or to, the any of such Real Property by Seller the Company or any Subsidiary or by any persons or agents operating under the control, direction and supervision of Seller the Company or any Subsidiary, including, without limitation, all employees, agents and contractors of Sellerthe Company or any Subsidiary; and (iv) Seller has the Company and the Subsidiaries have not received any written or oral governmental notice, order, inquiry, investigation, environmental audit or assessment or any lien, encumbrance, decree, easement, covenant, restriction, servitude or proceeding concerning, or arising by reason of, the actual or suspected presence, spillage, leakage, discharge, disposal or other emission of any Hazardous Substance in, on, under, around, about or in the vicinity of, or the transportation of any Hazardous Substance at, from or to, the any of such Real Property. Section 6(r)(i4.29(a) of the Disclosure Schedule contains a list and any reports listed thereon describe the status of all above ground tanks, impoundments, vessels or underground tanks other containers used for the storage of Hazardous Substances on or below the surface of the any Real Property;.

Appears in 1 contract

Samples: Stock Purchase Agreement (Copps Corp)

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