NOTICE OF ENVIRONMENTAL CLAIM Sample Clauses

NOTICE OF ENVIRONMENTAL CLAIM. Promptly after receipt of notice of any demand, claim or circumstance which, with or without the lapse of time, would give rise to a claim or the commencement of any action, proceeding or investigation (an "Environmental Claim") that may result in a loss, liability, damages, deficiencies, costs or expenses for which indemnification is provided under Section 10.4(b) or (c) hereof (an "Environmental Loss"), the party to be indemnified (the "Indemnitee") shall give notice thereof (the "Environmental Notice") to the party which is required to indemnify the Indemnitee (the "Indemnitor"). The Environmental Notice shall describe the Environmental Claim in reasonable detail and shall indicate the amount (estimated, if necessary) of the Environmental Loss that has been or may be suffered by the Indemnitee.
Sample 1
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NOTICE OF ENVIRONMENTAL CLAIM. There are no liens affecting Mortgagor, the Property or, to the best of Mxxxxxxxx's knowledge, any real property contiguous to the Property arising out of or in connection with Environmental Claim and Mxxxxxxxx has not received any summons, directive, citation, notice, letter or other communication, whether written or oral, from any governmental authority or any other person concerning any intentional or unintentional action or omission by Mortgagor or any other person which may result in an Environmental Claim or a breach of any Requirement of Environmental Law with regard to Mortgagor or the Property.
Sample 1
NOTICE OF ENVIRONMENTAL CLAIM. With respect to any damages, losses or claims (including amounts paid in satisfaction of judgments, in compromise, as fines and penalties, and reasonable attorneys’ fees and other charges) relating to or arising from any Environmental Law or the presence of any Materials of Environmental Concern in connection with the Real Property, the person claiming indemnification pursuant to this Section shall provide notice to WPSC specifying in reasonable detail the nature of the Environmental Claim. WPSC’s indemnity hereunder to SCL (but, while WPSC is the operator, not its indemnity to the Company), shall be conditioned upon giving WPSC the opportunity to control and mitigate all such damages, losses and costs. Failure to give such notice shall only affect an indemnification claim to the extent of any material prejudice to WPSC. WPSC shall exercise diligence in investigating all Environmental Claims, and in taking corrective measures when required by law. WPSC’s indemnity hereunder shall be limited to remediation to an industrial use standard, unless some other standard is required by law (as reasonably determined by WPSC in its sole discretion).
Sample 1

Related to NOTICE OF ENVIRONMENTAL CLAIM

  • Environmental Claim The receipt from any Governmental Authority or other Person of any notice of violation, claim, demand, abatement, order or other order or direction (conditional or otherwise) for any damage, including personal injury (including sickness, disease or death), tangible or intangible property damage, contribution, indemnity, indirect or consequential damages, damage to the environment, pollution, contamination or other adverse effects on the environment, removal, cleanup or remedial action or for fines, penalties or restrictions, resulting from or based upon (i) the existence or occurrence, or the alleged existence or occurrence, of a Hazardous Substance Activity or (ii) the violation, or alleged violation, of any Hazardous Materials Laws in connection with any Mortgaged Property or any of the other assets of Borrower;

  • No Environmental Claims except as may already have been disclosed by the Borrowers in writing to, and acknowledged in writing by, the Agent, there is no Environmental Claim pending or, to the best of the Borrowers’ knowledge and belief, threatened against any of the Borrowers or any of the Ships or any other Relevant Party or any other Relevant Ship or to the best of the Borrowers’ knowledge and belief (having made due enquiry) any of their respective Environmental Affiliates;

  • Notice of Environmental Defects Promptly upon discovery, but in any event prior to the Environmental Defect Notice Deadline, Buyer shall deliver to Seller written notices (each, a “Notice of Environmental Defect”) setting forth each Environmental Defect (other than those environmental matters described in Section 5.3 of the Disclosure Schedule (the “Disclosed Environmental Defects”)) affecting the Assets that Buyer’s Environmental Assessment identifies and that Buyer believes to be a Non-De Minimus Environmental Defect, together with a description in reasonable detail of the Environmental Defect (and, to the extent reasonably necessary to support such description, reports, assessments and other documentation in Buyer’s possession relating to such Environmental Defect) and Buyer’s good faith estimate of the cost to Remediate such Environmental Defect (the “Environmental Defect Value”). Without limitation of Buyer’s remedies for any breach by Seller of its representations and warranties in Article VI pertaining to environmental matters, Buyer shall be deemed to have conclusively waived (a) any Environmental Defect about which it fails to notify Seller in writing pursuant to a Notice of Environmental Defect prior to the Environmental Defect Notice Deadline and (b) the Disclosed Environmental Defects. Buyer shall have the right to exclude an Asset from this Agreement if Buyer’s good faith estimate of the Environmental Defect Value, as set forth in the Notice of Environmental Defect relating to such Environmental Defect exceeds 50% of the Allocated Value of the Asset affected thereby, in which event the Base Purchase Price shall be reduced by the Allocated Value of such Asset and such Asset shall thereafter be treated as an Excluded Asset; provided, that Buyer’s right to exclude any such Asset shall not apply to an Asset with an Allocated Value of less than $100,000 unless Buyer’s good faith estimate of the Environmental Defect Value relating to the Environmental Defect affecting such Asset exceeds $200,000.

  • Notice of Environmental Matters Promptly, but in any event within five (5) Business Days from the date Lessee has actual knowledge thereof, Lessee shall provide to Lessor written notice of any pending or threatened claim, action or proceeding involving any Environmental Law or any Release on or in connection with any Property or Properties. All such notices shall describe in reasonable detail the nature of the claim, action or proceeding and Lessee's proposed response thereto. In addition, Lessee shall provide to Lessor, within five (5) Business Days of receipt, copies of all material written communications with any Governmental Authority relating to any Environmental Law in connection with any Property. Lessee shall also promptly provide such detailed reports of any such material environmental claims as may reasonably be requested by Lessor.

  • Environmental Notice Promptly after the assertion or occurrence thereof, notice of any action or proceeding against or of any noncompliance by any Loan Party or any of its Subsidiaries with any Environmental Law or Environmental Permit that could reasonably be expected to have a Material Adverse Effect.

  • Environmental Claims No Environmental Claim has been commenced or (to the best of its knowledge and belief) is threatened against any member of the Group where that claim would be reasonably likely, if determined against that member of the Group to have a Material Adverse Effect.

  • Environmental Notices The Borrower shall furnish to the Banks and the Agent prompt written notice of all Environmental Liabilities, pending, threatened or anticipated Environmental Proceedings, Environmental Notices, Environmental Judgments and Orders, and Environmental Releases at, on, in, under or in any way affecting the Properties or any adjacent property, and all facts, events, or conditions that could lead to any of the foregoing.

  • Materials of Environmental Concern “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.

  • Environmental Liabilities No action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending, or to the Company's knowledge, threatened concerning any Environmental Permit, Hazardous Material or any Hazardous Materials Activity of the Company. The Company is not aware of any fact or circumstance which could involve the Company in any environmental litigation or impose upon the Company any environmental liability.

  • Environmental Liability Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect:

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