No Releases. The Company has not released any other person from any claim under any Environmental Law or waived any rights concerning any Environmental Condition.
No Releases. Nothing in this Agreement shall release, or be deemed to release any claims, defenses or causes of actions that any Party may have against another Party.
No Releases. To the best knowledge of the BORROWER, there has been no RELEASE into, on or from any of the FACILITIES and no REGULATED SUBSTANCES are located on or have been treated, stored, processed, disposed of, handled or transported to or from, any of the FACILITIES in violation of any ENVIRONMENTAL LAWS. To the best knowledge of the BORROWER, no REGULATED SUBSTANCES have been treated, stored, disposed, RELEASED, located, discharged, possessed, managed, processed, or otherwise handled in the operation or conduct of the BORROWER'S business in violation of any ENVIRONMENTAL LAWS. The BORROWER has complied in all material respects with all ENVIRONMENTAL LAWS affecting the FACILITIES and the BORROWER'S businesses.
No Releases. No instrument of release or waiver has been executed in connection with the Mortgage Loan, and no Borrower has been released, in whole or in part.
No Releases. Borrower shall use its best efforts to prohibit the Releases of Hazardous Substances in, on, above, under or from the Property.
No Releases. Based on its review of the Environmental Report, there are no past (during Indemnitor’s period of ownership only), present or to Indemnitor’s knowledge, threatened Releases of Hazardous Substances in, on, above, under or from the Property, except as described in the Environmental Report.
No Releases. No Note or Mortgage requires the mortgagee to release all or any material portion of the related Mortgaged Property that was included in the valuation for such Mortgaged Property, and/or generates income, from the lien of the related Mortgage except upon payment in full of all amounts due under the related Loan, or upon satisfaction of the defeasance provisions of such Loan, other than the Loans that require the mortgagee to grant a release of a portion of the related Mortgaged Property upon (a) the satisfaction of certain legal and underwriting requirements where the portion of the related Mortgaged Property permitted to be released was not considered by the Seller or the related originator to be material in underwriting the Loan or, in the case of a substitution, where the Mortgagor is entitled to substitute a replacement parcel at its option upon the satisfaction of specified conditions, and/or (b) the payment of a release price and prepayment consideration in connection therewith, is consistent with the Seller’s normal multi-family, commercial and mixed-use mortgage lending practices (as applicable) (and in both (a) and (b), any release of the Mortgaged Property has been reflected in the Loan Schedule). Except as described in the prior sentence (other than with respect to defeasance and substitution), no Loan permits the full or partial release or substitution of collateral unless (1) the mortgagor is entitled to substitute a replacement parcel at its unilateral option upon satisfaction of specified conditions, and (2) the mortgagee or servicer can require the Mortgagor to provide an opinion of tax counsel to the effect that such release or substitution of collateral (a) would not constitute a “significant modification” of such Loan within the meaning of Treas. Reg. §1.1001-3 and (b) would not cause such Loan to fail to be a “qualified mortgage” within the meaning of Section 860G(a)(3)(A) of the Code. The loan documents with respect to each Loan that permits the full or partial release or substitution of collateral requires the related Mortgagor to bear the cost of such opinion.
No Releases. Except as set forth in Schedule 4.13(c), to the Seller’s Knowledge, neither Seller nor any of its Affiliates, or anyone acting on their behalf, has disposed of, spilled, discharged, released or exposed any Person to any Environmental Materials, on, at, in or under the Real Estate.
No Releases. The termination of this Agreement under any of the provisions of this Article shall not release either party hereto from liability for breach of this Agreement with respect to the Property based on events theretofore occurring or its indemnification obligations under this Agreement or confidentiality requirements under this Agreement. Upon any termination, the obligations of the parties hereto shall cease with respect to the Property, except that Manager shall not be relieved of its obligations under, and shall comply with, the provisions of this Article.
No Releases. No subletting or assignment (including those deemed approved pursuant to Section 19.3) shall release Lessee from Lessee's obligations under this Lease or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. As a condition to Lessor's approval, any potential assignee otherwise approved by Lessor shall assume all obligations of Lessee under this Lease and shall be jointly and severally liable with Lessee for the payment of rent and performance of all terms, covenants and conditions of this Lease. The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by an assignee or subtenant of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such assignee, subtenant or successor. Lessor may consent to subsequent assignments of the Lease or sublettings or amendments or modifications to the Lease with assignees of Lessee after notice to Lessee, or any successor of Lessee, but without obtaining its or their consent thereto, and any such actions shall not relieve Lessee of liability under this Lease.
