Common use of Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks Clause in Contracts

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, and, to Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp)

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Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous materialmaterial with respect to the Facilities. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any Real Property. Seller has provided to Purchaser a list the vicinity of all sites to which, to Seller's Knowledge, Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwisethe Facilities. There has been no past, and and, to the best of Seller's Knowledge, there is no pending or contemplated, contemplated claim by against Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real PropertyFacilities, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expenseexpense for violation of any Environmental Law with respect to the Facilities, other than in the Ordinary Course of Business. All storage tanks located on the Real PropertyImmovable Property upon which the Facilities are located, whether underground or aboveground, are disclosed on Schedule 6.23, and, to Seller's Knowledge, SCHEDULE 6.21 and all such tanks and associated piping are in sound condition and and, to the best of Seller's Knowledge, are not leaking and have not leaked.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pacer Health Corp)

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Neither Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Neither Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any Real Property. Each Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, which such Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by either Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and neither Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, and, to each Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any on the Real Property or in any deed relating to any the Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, which such Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, and, to Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, which such Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, and, to Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Seller , nor is not it required to place any notice or restriction relating to the presence of any hazardous material at any on the Real Property or in any deed relating to any the Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, and, to Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked. With respect to any matters in this Section 6.23, Purchaser shall bear the burden of proving that any particular contamination originated during Seller's ownership of the Property.

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

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Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, which Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, and, to Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.underground

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous material. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledge, which Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law or Legal Requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person regarding any Environmental Law, remedial action or other environmental liability or expense. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule SCHEDULE 6.23, and, to Seller's Knowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

Notices; Existing Claims; Certain Hazardous Materials; Storage Tanks. Seller has not received any request for information, notice of claim, demand or other notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any hazardous materialmaterial with respect to the Real Property. Seller is not required to place any notice or restriction relating to the presence of any hazardous material at any Real Property or in any deed to any the Real Property. Seller has provided to Purchaser a list of all sites to which, to Seller's Knowledgeknowledge, Seller has transported any hazardous material for recycling, treatment, disposal, other handling or otherwise. There has been no past, and there is no pending or contemplated, claim by Seller under any Environmental Law environmental law or Legal Requirement legal requirement based on actions of others that may have impacted on the Real Property, and Seller has not entered into any agreement with any Person person regarding any Environmental Lawenvironmental law, remedial action or other environmental liability or expenseexpense with respect to the Real Property. All storage tanks located on the Real Property, whether underground or aboveground, are disclosed on Schedule 6.23, 6.6 and, to Seller's Knowledgeknowledge, all such tanks and associated piping are in sound condition and are not leaking and have not leaked.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Balanced Care Corp)

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