No Violations of Environmental Laws. To Optionor's knowledge, without any independent inquiry or investigation, (i) the Projects and the Option Property are not in violation, nor have there been or are currently under investigation for violation of any federal, state, regional, local or other governmental law, ordinance, regulation, order or permit relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on or under or about the Option Property or the Projects, including, but not limited to, soil and groundwater conditions ("ENVIRONMENTAL LAWS"); (ii) the Option Property and the Projects have not been subject to a deposit of any Hazardous Substance (as defined below); (iii) neither Optionor nor any third party has used, generated, manufactured, stored or disposed in, at, on or under the Option Property or the Projects any Hazardous Substance; and (iv) there is not now in, on or under the Option Property or the Projects any underground or above ground storage tanks or surface impoundments, any asbestos containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment. Optionor hereby assigns to Optionee as of the Close of Escrow all claims, counterclaims, defenses and actions, whether at common law or pursuant to any other applicable federal, state or other laws which Optionor may have against any third party or parties relating to the existence or presence of any Hazardous Substance in, at, on, under or about the Option Property or the Projects. For purpose of this Agreement, the term "HAZARDOUS SUBSTANCE" shall be deemed to include any wastes, materials, substances, pollutants and other matters regulated by Environmental Laws.
Appears in 2 contracts
Samples: Master Transaction Agreement (Meritage Homes CORP), Master Transaction Agreement (Meritage Homes CORP)
No Violations of Environmental Laws. To Optionor's Except as otherwise known by City, or as disclosed in the Property Information, to Owner’s knowledge, without any independent inquiry or investigation, : (iw) the Projects and the Option Subject Property are is not in violationin, nor have there has it been or are is it currently under investigation for violation of any federal, state, regional, or local or other governmental law, ordinance, regulation, order or permit regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on or under on, under, or about the Option Property or the ProjectsSubject Property, including, but not limited to, soil and groundwater conditions ("ENVIRONMENTAL LAWS"“Environmental Laws”); (iix) the Option Subject Property and the Projects have has not been subject to a deposit of any Hazardous Substance (as defined belowhereinafter defined); (iiiy) neither Optionor Owner nor any third party has used, generated, manufactured, stored stored, or disposed in, at, on on, or under the Option Subject Property or the Projects any Hazardous Substance; and (ivz) there is not now in, on on, or under the Option Subject Property or the Projects any underground or above ground storage tanks or surface impoundments, any asbestos containing materials materials, or any polychlorinated biphenyls used in hydraulic oils, electrical transformers transformers, or other equipment. Optionor Owner hereby assigns to Optionee City as of the Close of Escrow Closing all claims, counterclaims, defenses defenses, and actions, whether at common law or pursuant to any other applicable federal, state or other laws which Optionor that Owner may have against any third party or parties relating to the existence or presence of any Hazardous Substance in, at, on, under under, or about the Option Property or the ProjectsSubject Property. For purpose of this Agreement, the term "HAZARDOUS SUBSTANCE" “Hazardous Substance” shall be deemed to include any wastes, materials, substances, pollutants pollutants, and other matters regulated by Environmental Laws.
Appears in 1 contract
Samples: Real Estate Donation Agreement
No Violations of Environmental Laws. To Optionor's knowledgeSeller has not conducted environmental due diligence on the Glendale Property or the Phoenix Property in the last 12 months. The parties agree that Buyer may, without any independent inquiry or investigationbut is not required to, conduct its own environmental due diligence to ascertain the environmental condition of the Glendale Property and Phoenix Property. Nonetheless, to the best of Seller’s knowledge and except as disclosed in the Property Information: (ia) the Projects and the Option Property are is not in violationin, nor has it/have there they been or is/are currently under investigation for violation of any federal, state, regional, or local or other governmental law, ordinance, regulation, order or permit regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on or under on, under, or about the Option Property or the ProjectsProperty, including, but not limited towithout limitation, soil and groundwater conditions ("ENVIRONMENTAL LAWS"“Environmental Laws”); (iib) the Option Property and the Projects have has not been subject to a deposit or release of any Hazardous Substance (as defined below); (iiic) neither Optionor Seller nor any third party has used, generated, manufactured, stored stored, released, or disposed in, at, on on, or under the Option Property or the Projects any Hazardous Substance; and (ivd) there is not now in, on on, or under the Option Property or the Projects any underground or above ground storage tanks or surface impoundments, any asbestos containing materials materials, or any polychlorinated biphenyls used in hydraulic oils, electrical transformers transformers, or other equipment. Optionor Seller hereby assigns to Optionee Buyer on a non-exclusive basis as of the Close of Escrow Closing all claims, counterclaims, defenses defenses, and actions, whether at common law or pursuant to any other applicable federal, state or other laws which Optionor that Seller may have against any third party or parties relating to the existence or presence of any Hazardous Substance in, at, on, under under, or about the Option Property or the ProjectsProperty. For purpose purposes of this Agreement, the term "HAZARDOUS SUBSTANCE" “Hazardous Substance” shall be deemed to include any wastes, materials, substances, pollutants pollutants, and other matters regulated by Environmental Laws.
Appears in 1 contract
Samples: Option Agreement