Notice of Environmental Problem. Except as heretofore disclosed in writing to the Mortgagee, Mortgagor represents and warrants that to the best of its knowledge it has not given, nor should it give, nor has it received, any notice, letter, citation, order, warning, complaint, inquiry, claim or demand that: (i) Mortgagor has violated, or is about to violate, any federal, state, regional, county or local environmental, health or safety statute, law, rule, regulation, ordinance, judgment or order on the Mortgaged Premises; (ii) there has been a release, or there is threat of release, of hazardous substances (including, without limitation, petroleum, its by-products or derivatives, or other hydrocarbons) from the Mortgaged Premises;
Notice of Environmental Problem. Borrower (provided that the Borrower shall only forward to the Trustee those notices, letters, citations, orders, warnings, complaints, inquiries, claims or demands actually received by the Borrower) and/or any tenant and/or sublessee shall promptly provide or cause to be provided a copy to Trustee and the Authority, and in no event later than 15 days from Borrower’s and/or Lessee and/or any tenants’ and/or sublessee's receipt or submission, of any notice, letter, citation, order, warning, complaint, inquiry, claim or demand that:
(i) the Borrower and/or the Lessee, any tenants or sublessee has violated, or are about to violate, any federal, state, regional, parish or local environmental, health, or safety statute, law, rule, regulation, ordinance, judgment or order;
(ii) there has been a release, or there is a threat of release, of any Regulated Chemical from the Facilities;
(iii) the Borrower and/or the Lessee, any tenants or sublessee may be or are liable, in whole or in part, for the costs of cleaning up, remediating, removing or responding to a release of any Regulated Chemical;
(iv) any portion of the Facilities is subject to a Lien in favor of any governmental entity for any liability, costs or damages, under Environmental Requirements arising from, or costs incurred by such governmental entity in response to, a release of any Regulated Chemical.
Notice of Environmental Problem. Except for the notices, if any, described in the list of exceptions included in the related Underwriting Transmittal and furnished to the environmental engineer or consultant in connection with its assessment(s) described in Section (t) above (and addressed by such engineer or consultant in such assessments), Borrower has not received actual notice from: (i) any federal, state or other governmental authority of (A) any failure of the related Property to comply with any applicable Environmental Laws, or (B) any known or threatened release of Hazardous Materials on or from such Property in violation of Environmental Laws; or (ii) the related mortgagor that (A) such mortgagor has received any such notice from any such governmental authority, (B) such Property fails to comply with Environmental Laws, or (C) there is any known or threatened release of Hazardous Materials on or from such Property in violation of Environmental Laws.
Notice of Environmental Problem. Other than with respect to any conditions identified in the Phase I and/or Phase II Environmental Reports referred to in Section (xxxi) above, neither the borrower nor the seller of a
Notice of Environmental Problem. Grantor represents and warrants that it has not given, nor to the best of its knowledge should it give, nor has it received, any notice,
Notice of Environmental Problem. During the term of this Agreement, the Beneficiary, on its behalf and on behalf of any and all tenants, warrant and represent they have not given, nor should they give, nor have they received any notice, letter, citation, order, warning, complaint, inquiry, claim or demand that: (1) the Beneficiary and any tenants have violated, or is about to violate, any federal, state, regional, county or local environmental, health or safety statute, law, rule, regulation, ordinance, judgment or order; (2) there has been a release, or there is a threat of release, of hazardous substances (including, without limitation, petroleum, its by-products, derivatives or other hydrocarbons) from, in, on, or under the Property; (3) the Beneficiary and any tenants may be or are liable, in whole or in part, for the costs of cleaning up, remediating, removing or responding to a release of hazardous substances (including, without limitation, petroleum, its by-products, derivatives, or other hydrocarbons); (4) any portion of the Property is subject to a lien in favor of any private party or governmental entity for any liability, costs or damages, under federal, state or local environmental laws, rules or regulations arising from or costs incurred by such private party or governmental entity in response to a release of a hazardous substance (including, without limitation, petroleum, its by-products, derivatives or other hydrocarbons). In the event of such notice, Beneficiary and any tenants shall promptly provide a copy to the Trustee, and in no event, later than fifteen (15) days from Beneficiaries’ and any tenants’ receipt or submission thereof.
Notice of Environmental Problem. Borrower will promptly furnish to Lender all written notices of violation, orders, claims, citations, complaints, penalty assessments, suits or other proceedings received by Borrower, or of which it has notice, pending or threatened in writing against Borrower, by any Governmental Authority with respect to any alleged violation of or non-compliance with any Environmental Laws or any permits, licenses or authorizations in connection with its ownership or use of its properties or the operation of its business.
Notice of Environmental Problem. If either Landlord or Tenant receives any notice or acquires knowledge of a Release, Threat of Release or Environmental Condition or a notice with regard to air emissions, water discharges, noise emissions, recycling, violation of any Environmental Law or any other material environmental, health or safety matter affecting Tenant or the Premises (an "Environmental Complaint"), independently or by notice from any person or entity, including the New York State Department of Environmental Conservation ("DEC') or the United States Environmental Protection Agency ("EPA"), or any other Federal, state or local agency, then such party shall give immediate oral and written notice of same to the other party, detailing all relevant facts and circumstances.
Notice of Environmental Problem. Other than with respect to any conditions identified in the Phase I and/or Phase II Environmental Reports referred to in Section (xxxi) above: (1) has received actual notice form any federal, state or other governmental authority of (A) any failure of the related Mortgaged Property to comply with any applicable Environmental Laws, or (B) any known or threatened release of Hazardous Materials on or from such Mortgaged Property in violation of Environmental Laws; or (2) has received actual notice from the related Mortgagor that (A) such borrower has received any such notice from any such governmental authority, (B) such Mortgaged Property fails to comply with Environmental Laws, or (C) has received actual notice that there is any known or threatened release of Hazardous Materials on or from such Mortgaged Property in violation of Environmental Laws; or (3) has any actual knowledge that (A) the related Mortgaged Property fails to materially or significantly comply with any applicable Environmental Law or (B) there has been any known or threatened material or significant release of Hazardous Materials on or from such Mortgaged Property in violation of any applicable Environmental Law.
Notice of Environmental Problem. Grantor represents and warrants that it has not given, nor should it give, nor has it received, any notice, letter, citation, order, warning, complaint, inquiry, claim or demand that: (i) Grantor has violated, or is about to violate, any federal, state, regional, county or local environmental, health or safety statute, law, rule, regulation, ordinance, judgment or order; (ii) there has been a release, or there is threat of release, of hazardous substances (including, without limitation, petroleum, its byproducts or derivatives or other hydrocarbons) from the Mortgaged Premises;
