Common use of Notice of Actions Clause in Contracts

Notice of Actions. (a) Indemnitor shall give immediate written ----------------- notice to the Agent of each of the following (provided that Indemnitor has knowledge thereof): (i) any proceeding, written (or material non-written) inquiry, notice, or other communication by or from any governmental authority, including, without limitation, the Environmental Protection Agency and state and local equivalents, regarding the presence or existence of any Material of Environmental Concern on, under, or about the Property or any migration thereof from or to the Property or any actual or alleged violation of the Requirements of Environmental Law; (ii) all Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern or any alleged breach or violation of any Requirements of Environmental Law; (iii) the Borrower's or Indemnitor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could reasonably cause the Property or any part thereof to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property to any material liability, penalty, or disability under any Requirement of Environmental Law; and (iv) the Borrower's or Indemnitor's receipt of any written notice or discovery of any information regarding any actual or alleged use, manufacture, production, storage, spillage, seepage, release, discharge, disposal or any other presence or existence of any Material of Environmental Concern on, under, or about the Property, in violation of any Requirements of Environmental Law pertaining to Indemnitor or the Property. (b) Immediately upon the Borrower's or Indemnitor's receipt of the same, Indemnitor shall deliver to the Agent copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communications, documents, and instruments pertaining to the actual or alleged presence or existence of any Material of Environmental Concern on, under, or about the Property in violation of any Requirements of Environmental Law.

Notice of Actions. (a) Indemnitor Borrower shall give immediate written ----------------- notice to promptly (but in no event later than ten (10) Business Days from the Agent of each occurrence of the following (provided that Indemnitor has knowledge thereof): event in question) notify Lenders and Agent of: (i) any proceeding, written (or material non-written) inquiry, notice, or other communication by or from any governmental authorityGovernmental Authority, including, without limitation, the Environmental Protection Agency and state and local equivalentsAgency, regarding the presence or existence of any Material of Environmental Concern Contaminant on, under, or about the Property or any migration thereof from or to the Property or any actual or alleged violation of the Environmental, Health or Safety Requirements of Environmental Law; (ii) all Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern Contaminant on, under or emanating from the Property or any alleged breach or violation of any Environmental, Health or Safety Requirements of Environmental LawLaw by or with respect to the Property; (iii) the Borrower's or any Indemnitor's ’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could reasonably cause the Property or any part thereof to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property to any material liability, penalty, or disability under any Requirement Environmental, Health or Safety Requirements of Environmental Law; and (iv) the Borrower's or any Indemnitor's ’s receipt of any written notice or discovery of any information regarding any actual actual, alleged, or alleged potential use, manufacture, production, storage, spillage, seepage, release, discharge, disposal Release or any other presence or existence of any Material of Environmental Concern Contaminant on, under, or about the Property, in or any alleged breach or violation of any Environmental, Health or Safety Requirements of Environmental Law pertaining to Indemnitor or the Property. (b) Immediately upon the Borrower's or Indemnitor's Borrower shall promptly (but in no event later than ten (10) Business Days after receipt of the same, Indemnitor shall ) deliver or cause to the be delivered to Lenders and Agent copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communications, documents, and instruments pertaining to the actual actual, alleged, or alleged potential presence or existence of any Material of Environmental Concern Contaminant on, under, or about the Property in violation of any Requirements of Environmental LawProperty.

Notice of Actions. (a) Indemnitor shall give immediate written ----------------- notice to the Agent of each of the following (provided that Indemnitor has knowledge thereof): Lender of: (i) any proceeding, written (or material non-written) inquiry, notice, or other communication by or from any governmental authority, including, without limitation, the United States Environmental Protection Agency and any applicable state and or local equivalentsagencies, regarding the presence or existence of any Material of Environmental Concern Hazardous Substances on, under, or about any of the Mortgaged Property or any migration thereof from or to any of the Mortgaged Property or any actual or alleged violation of the Requirements of Environmental Law; (ii) all Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Mortgaged Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern Hazardous Substances or any alleged breach or violation of any Requirements of Environmental Law; (iii) the Borrower's or Indemnitor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of any of the Mortgaged Property that could reasonably may cause the Property Mortgaged Property, or any part thereof portion thereof, to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property Mortgaged Property, or any portion thereof, to any material liability, penalty, or disability under any Requirement of Environmental Law; and (iv) the Borrower's or Indemnitor's receipt of any written notice or discovery of any information regarding any actual actual, alleged, or alleged potential use, manufacture, production, storage, spillage, seepage, release, discharge, disposal or any other presence or existence of any Material of Environmental Concern Hazardous Substances on, under, or about any of the Property, in Mortgaged Property (other than Permitted Hazardous Substances) or any alleged breach or violation of any Requirements of Environmental Law pertaining to Indemnitor or the Mortgaged Property, or any portion thereof. (b) Immediately upon the Borrower's or Indemnitor's receipt of the same, Indemnitor shall deliver to the Agent Lender copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communicationscommunications (other than privileged communications with legal counsel), documents, and instruments pertaining to the actual actual, alleged, or alleged potential presence or existence of any Material of Environmental Concern Hazardous Substances (other than Permitted Hazardous Substances) on, under, or about any of the Mortgaged Property. (c) Lender shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions in connection with the Mortgaged Property in violation of involving any Requirements Environmental Claim, any Hazardous Substances or any requirements of Environmental Law, and Indemnitor shall reimburse Lender upon demand for all of Lender's costs and expenses reasonably incurred in connection therewith, including reasonable attorneys' fees. (d) Promptly upon Lender's reasonable request, Indemnitor will execute and deliver such instruments as Lender reasonably may deem useful or necessary to permit Lender to take any action referred to in SECTION 4(C) above.

Notice of Actions. (a) Indemnitor shall give immediate written ----------------- notice to the Agent Lender of each of the following (provided that Indemnitor has knowledge thereof): (i) any proceeding, written (or material non-written) inquiry, notice, or other communication by or from any governmental authority, including, without limitation, the Environmental Protection Agency and state and local equivalents, regarding the presence or existence of any Material of Environmental Concern Hazardous Substance on, under, or about the Property or any migration thereof from or to the Property or any actual or alleged violation of the Requirements of Environmental LawLaws; (ii) all Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern Hazardous Substance or any alleged breach or violation of any Requirements of Environmental Law; Laws; (iii) the Borrower's or Indemnitor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could reasonably cause the Property or any part thereof to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property to any material liability, penalty, or disability under any Requirement of Environmental LawLaws; and (iv) the Borrower's or Indemnitor's receipt of any written notice or discovery of any information regarding any actual or alleged use, manufacture, production, storage, spillage, seepage, release, discharge, disposal or any other presence or existence of any Material of Environmental Concern Hazardous Substance on, under, or about the Property, in violation of any Requirements of Environmental Law Laws pertaining to Indemnitor or the Property. (b) Immediately upon the Borrower's or Indemnitor's receipt of the same, Indemnitor shall deliver to the Agent Lender copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communications, documents, and instruments pertaining to the actual or alleged presence or existence of any Material of Environmental Concern Hazardous Substance on, under, or about the Property in violation of any Requirements of Environmental LawLaws.

Notice of Actions. (a) Indemnitor shall give immediate written ----------------- notice to the Agent of each of the following (provided that Indemnitor has knowledge thereof): Lender of: (i) any proceeding, written (or material non-written) inquiry, notice, or other communication by or from any governmental authority, including, without limitation, the United States Environmental Protection Agency and any applicable state and or local equivalentsagencies, regarding the presence or existence of any Material of Environmental Concern Hazardous Substances on, under, or about any of the Mortgaged Property or any migration thereof from or to any of the Mortgaged Property or any actual or alleged violation of the Requirements of Environmental Law; (ii) all Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Mortgaged Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern Hazardous Substances or any alleged breach or violation of any Requirements of Environmental Law; (iii) the Borrower's or Indemnitor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of any of the Mortgaged Property that could reasonably may cause the Property Mortgaged Property, or any part thereof portion thereof, to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property Mortgaged Property, or any portion thereof, to any material liability, penalty, or disability under any Requirement of Environmental Law; and (iv) the Borrower's or Indemnitor's receipt of any written notice or discovery of any information regarding any actual actual, alleged, or alleged potential use, manufacture, production, storage, spillage, seepage, release, discharge, disposal or any other presence or existence of any Material of Environmental Concern Hazardous Substances on, under, or about any of the Property, in Mortgaged Property (other than Permitted Hazardous Substances) or any alleged breach or violation of any Requirements of Environmental Law pertaining to Indemnitor or the Mortgaged Property, or any portion thereof. (b) Immediately upon the Borrower's or Indemnitor's receipt of the same, Indemnitor shall deliver to the Agent Lender copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communicationscommunications (other than privileged communications with legal counsel), documents, and instruments pertaining to the actual actual, alleged, or alleged potential presence or existence of any Material of Environmental Concern Hazardous Substances (other than Permitted Hazardous Substances) on, under, or about any of the Mortgaged Property. (c) Lender shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions in connection with the Mortgaged Property in violation of involving any Requirements Environmental Claim, any Hazardous Substances or any requirements of Environmental Law, and Indemnitor shall reimburse Lender upon demand for all of Lender's costs and expenses reasonably incurred in connection therewith, including reasonable attorneys' fees. (d) Promptly upon Lender's reasonable request, Indemnitor will execute and deliver such instruments as Lender reasonably may deem useful or necessary to permit Lender to take any action referred to in SECTION 4(c) above.

Notice of Actions. (a) Indemnitor shall give immediate prompt written ----------------- notice to the Agent Indemnitee of each of the following (provided that Indemnitor has knowledge thereof): (i) any proceeding, written (inquiry or material non-written) inquiry, notice, or other communication notice by or from any governmental authorityauthority regarding Hazardous Materials, including, without limitation, the an Environmental Protection Agency and state and local equivalents, regarding the presence Claim or existence of any Material of Environmental Concern on, under, or about the Property or any migration thereof from or to the Property or any actual or alleged violation of the Requirements a Requirement of Environmental Law; (ii) all Environmental Claims and any other of which Indemnitor has received written claims made or threatened against the Borrower or Indemnitor or the Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern or any alleged breach or violation of any Requirements of Environmental Lawnotice; (iii) the Borrower's or Indemnitor's ’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could reasonably likely cause the Property or any part thereof to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property to any material liability, penalty, or disability under any violation of a Requirement of Environmental LawLaw (provided that for purposes of this clause, the common law elements of Requirements of Environmental Law are limited to the law of trespass, nuisance and negligence) or subject to an Environmental Claim; and (iv) the Borrower's or Indemnitor's ’s receipt of any written notice or discovery of any information regarding any actual or alleged use, manufacture, production, storage, spillage, seepage, release, discharge, disposal or any other the presence or existence of any Hazardous Material of Environmental Concern on, under, or about the Property (and except for materials customarily used or stored in connection with the use or operation of the Property, which materials at the Property exist only in reasonable quantities and are stored, contained, transported, used, released, and disposed of reasonably and without violation of any Requirements of Environmental Law), or any alleged breach or violation of any Requirements of Environmental Law pertaining to Indemnitor or the Property. (b) Immediately upon the Borrower's or Indemnitor's receipt of the same, Indemnitor shall deliver to the Agent Indemnitee copies of any and all Environmental Claims, and at the request of the Indemnitee, any and all orders, notices, permits, applications, reports, and other communications, documents, and instruments documents pertaining to the actual or alleged presence or existence subject matter of any Material of the Environmental Concern on, under, or about the Property in violation of any Requirements of Environmental LawClaim.

Notice of Actions. (a) Indemnitor a. Indemnitors shall give immediate written ----------------- notice to Mortgagee of: (i) its use, manufacture, production, handling or storage of any type of Hazardous Material at the Agent of each Premises, not previously disclosed to Mortgagee, or any substantial increase in the quantity or magnitude of the following use, manufacturing, production, handling or storage of any type of Hazardous Material at the Premises above levels previously disclosed to Mortgagee; (provided that Indemnitor has knowledge thereof): (iii) any proceeding, written (or material non-written) inquiry, notice, or other communication to it or of which it has knowledge, or with the exercise of due diligence, should have had knowledge by or from any governmental authority, including, without limitation, the Environmental Protection Agency and state and local equivalents, or non-governmental entity regarding the presence or existence suspected presence of any Hazardous Material of Environmental Concern at, on, about, under, within or about in connection with the Property Premises or any migration thereof from or to the Property or Premises; (iii) any actual or alleged violation of the Requirements of Environmental Law; (ii) all Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern or any alleged breach or violation of any Requirements of Environmental Law; (iiiiv) all Environmental Claims; (v) the Borrower's or Indemnitor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property Premises that could reasonably cause the Property Premises or any part thereof to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property Premises to any material liability, penalty, or disability under any Requirement Requirements of Environmental Law; and (ivvi) the Borrower's or Indemnitor's receipt of any written notice or discovery of any information regarding any actual actual, alleged, or alleged use, manufacture, production, storage, potential spillage, seepage, release, discharge, disposal or any other presence or existence of any Hazardous Material of Environmental Concern at, on, about, under, within, near or about in connection with the Property, in violation of any Requirements of Environmental Law pertaining to Indemnitor or the PropertyPremises. (b) b. Immediately upon the Borrower's or Indemnitor's receipt of the same, Indemnitor Indemnitors shall deliver to the Agent Mortgagee copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communications, documents, and instruments pertaining to the actual actual, alleged, or alleged potential presence or existence of any Hazardous Material of Environmental Concern at, on, about, under, within, near or about in connection with the Property in violation of any Requirements of Environmental LawPremises.

Notice of Actions. (a) Indemnitor The Indemnitors shall give immediate written ----------------- notice to the Administrative Agent of: (i) the use, manufacture, production, handling or storage of each any type of Hazardous Material at the Premises, not previously disclosed in writing to the Administrative Agent or any substantial increase in the quantity or magnitude of the following use, manufacturing, production, handling or storage of any type of Hazardous Material at the Premises above levels previously disclosed in writing to the Administrative Agent; (provided that Indemnitor has knowledge thereof): (iii) any proceeding, written (or material non-written) inquiry, notice, or other communication to the Indemnitors (or any one or more of them) or of which any such Indemnitor has knowledge by or from any governmental authority, including, without limitation, the Environmental Protection Agency and state and local equivalents, or non- governmental entity or person regarding the presence or existence suspected presence of any Hazardous Material of Environmental Concern at, on, about, under, within or about in connection with the Property Premises or any migration thereof from or to the Property or the (iii) any actual or alleged violation of the Requirements of Environmental Law; (iiiv) all any Environmental Claims and any other written claims made or threatened against the Borrower or Indemnitor or the Property relating to any loss or injury resulting from or pertaining to any Material of Environmental Concern or any alleged breach or violation of any Requirements of Environmental LawClaim; (iiiv) the Borrower's or Indemnitor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property Premises that could reasonably cause the Property or any part thereof to be subject to any material restrictions on ownership, occupancy, transferability, or use, or subject the owner or any person having any interest in the Property Premises to any material liability, penalty, liability or disability penalty under any Requirement the Requirements of Environmental Law; and (ivvi) the Borrower's or Indemnitor's receipt of any written notice or discovery of any information regarding any actual actual, alleged, or alleged use, manufacture, production, storage, potential spillage, seepage, release, discharge, disposal or any other presence or existence of any Hazardous Material of Environmental Concern at, on, about, under, within, near or about in connection with the Property, Premises in material violation of any Requirements of Environmental Law pertaining to Indemnitor or the PropertyLaw. (b) Immediately upon the Borrower's or Indemnitor's Upon receipt of the same, Indemnitor the Indemnitors shall deliver to the Administrative Agent copies of any and all Environmental Claims, and any and all orders, notices, permits, applications, reports, and other communications, documents, and instruments pertaining to the actual actual, alleged, or alleged potential presence or existence of any Hazardous Material of Environmental Concern at, on, about, under, within, near or about in connection with the Property in violation of any Requirements of Environmental LawPremises.