Common use of Notification of Environmental Claims Clause in Contracts

Notification of Environmental Claims. Except as set forth on Schedule 4.1(f), any hazardous or toxic substance or wastes (as defined by any Environmental Law), including but not limited to, friable asbestos, PCBs in regulated concentrations, petroleum products, fertilizers and pesticides (“Substances”) shall be brought upon any real estate owned or leased by any Borrower (the “Real Estate”), Borrowers shall maintain and/or remove them in accordance with all applicable laws. Borrowers shall promptly take all action that is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense, subject to such legal and/or equitable defenses available to Borrowers. At Lender’s request from time to time, for Reasonable Cause, Borrowers shall obtain additional environmental audits covering any Real Estate from experts reasonably acceptable to Lender. Borrowers will promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrowers will permit Lender, or any person or firm designated by Lender, to inspect the Real Estate on reasonable notice, and will immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances affecting its business operations; and (ii) all claims made or threatened by any third party against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances. Borrowers shall immediately notify Lender of any remedial action taken by it with respect to its business operations. (For purposes hereof, “Reasonable Cause” shall be deemed to have occurred at any time that: (i) either Borrower is obligated to provide notice to Lender under this Paragraph 4.1(f), or (ii) either Borrower shall have received notice from any governmental agency indicating a violation or potential violation of Environmental Laws.)

Notification of Environmental Claims. Except as set forth on Schedule 4.1(f), If any hazardous or toxic substance or Substances and/or animal wastes (as defined by any Environmental Law), including but not limited to, friable asbestos, PCBs in regulated concentrations, petroleum products, fertilizers and pesticides (“Substances”) shall be brought upon any real estate owned or leased by any Borrower (the “Real Estate”), Borrowers Borrower shall, or shall cause its Subsidiaries to, maintain and/or remove them in substantial accordance with all applicable laws. Borrowers Borrower shall, or shall cause its Subsidiaries to, promptly take all action that which is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expenseexpense except where the failure to take action or comply would not reasonably be expected to have a Material Adverse Effect. Borrower will, subject to such legal and/or equitable defenses available to Borrowers. At Lender’s request from time to timeor will cause its Subsidiaries to, for Reasonable Cause, Borrowers shall obtain additional environmental audits covering any Real Estate from experts reasonably acceptable to Lender. Borrowers will promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate of which it has knowledge which could reasonably be expected to have a Material Adverse Effect or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrowers will permit LenderBorrower will, or any person or firm designated by Lenderwill cause its Subsidiaries to, to inspect the Real Estate on reasonable notice, and will immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or, to the knowledge of the Borrower or any such Subsidiary threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances or animal wastes affecting its business operations; and (ii) all claims made or, to the knowledge of the Borrower or any Subsidiary of Borrower threatened by any third party Person against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any SubstancesSubstances or animal wastes. Borrowers Borrower shall, or shall cause its Subsidiaries to, immediately notify Lender of any substantial remedial action taken by it with respect to its business operations. (For purposes hereof, “Reasonable Cause” shall be deemed to have occurred at any time that: (i) either Borrower is obligated to provide notice to Lender under this Paragraph 4.1(f), or (ii) either Borrower shall have received notice from any governmental agency indicating a violation or potential violation of Environmental Laws.)

Notification of Environmental Claims. Except as set forth on Schedule 4.1(f), If any hazardous or toxic substance or wastes (as defined by any Environmental Law), including but not limited to, friable asbestos, PCBs in regulated concentrations, petroleum products, fertilizers and pesticides (“Substances”) Substances shall be brought upon any real estate owned or leased by any the Real Estate of Borrower, Borrower (the “Real Estate”), Borrowers shall maintain and/or remove them in accordance with all applicable laws. Borrowers Borrower shall promptly take all action that is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense, subject to such legal and/or equitable defenses as are available to BorrowersBorrower. At Lender’s request from time to time, for Reasonable Cause, Borrowers Borrower shall obtain additional environmental audits covering any Real Estate from experts reasonably acceptable to Lender. Borrowers Borrower will promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrowers Borrower will permit Lender, or any person or firm designated by Lender, to inspect the conduct a reasonable inspection of Real Estate on reasonable notice, and will immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances affecting its business operations; and (ii) all claims made or threatened by any third party against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances. Borrowers Borrower shall immediately notify Lender of any remedial action with respect to any environmental risk or condition taken by it with respect to its business operations. (For purposes hereof, “Reasonable Cause” shall be deemed to have occurred at any time that: (i) either Borrower is obligated to provide notice to Lender under this Paragraph 4.1(f), or (ii) either Borrower shall have received notice from any governmental agency indicating a violation or potential violation of Environmental Laws.)

Notification of Environmental Claims. Except as set forth on Schedule 4.1(f), If any hazardous or toxic substance or wastes (as defined by any Environmental Law), including but not limited to, friable asbestos, PCBs in regulated concentrations, petroleum products, fertilizers and pesticides (“Substances”) Substances shall be brought upon any real estate owned or leased by any Borrower (the “Real Estate”)Estate of either Obligor, Borrowers such Obligor shall maintain and/or remove them in accordance with all applicable laws. Borrowers Each Obligor shall promptly take all action that is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense, subject to such legal and/or equitable defenses as are available to Borrowerssuch Obligor. At Lender’s request from time to time, for Reasonable Cause, Borrowers Obligors shall obtain additional environmental audits covering any Real Estate from experts reasonably acceptable to Lender. Borrowers Obligors will promptly inform Lender in writing of any material environmental risk or violation of any Environmental Laws on or related to the Real Estate or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrowers Obligors will permit Lender, or any person or firm designated by Lender, to inspect the conduct a reasonable inspection of Real Estate on reasonable notice, and will immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances affecting its business operations; and (ii) all claims made or threatened by any third party against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances. Borrowers Each Obligor shall immediately notify Lender of any remedial action with respect to any environmental risk or condition taken by it with respect to its business operations. (For purposes hereof, “Reasonable Cause” shall be deemed to have occurred at any time that: (i) either Borrower Obligor is obligated to provide notice to Lender under this Paragraph 4.1(f), or (ii) either Borrower Obligor shall have received notice from any governmental agency indicating a violation or potential violation of Environmental Laws.)

Notification of Environmental Claims. Except as set forth on Schedule 4.1(f), if any hazardous or toxic substance or wastes (as defined by any Environmental Law), including but not limited to, friable asbestos, PCBs in regulated concentrations, petroleum products, fertilizers and pesticides (“Substances”) shall be brought upon any real estate owned or leased by any Borrower (the “Real Estate”), Borrowers shall maintain and/or remove them in accordance with all applicable laws. Borrowers shall promptly take all action that is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense, subject to such legal and/or equitable defenses available to Borrowers. At Lender’s request from time to time, for Reasonable Cause, Borrowers shall obtain additional environmental audits covering any Real Estate from experts reasonably acceptable to Lender. Borrowers will promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrowers will permit Lender, or any person or firm designated by Lender, to inspect the Real Estate on reasonable notice, and will immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances affecting its business operationsthe Real Estate; and (ii) all claims made or threatened by any third party against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any SubstancesSubstances affecting the Real Estate. Borrowers shall immediately notify Lender of any remedial action taken by it with respect in response to its business operationsa violation or potential violation of Environmental Laws. (For purposes hereof, “Reasonable Cause” shall be deemed to have occurred at any time that: (i) either any Borrower is obligated to provide notice to Lender under this Paragraph 4.1(f), or (ii) either any Borrower shall have received notice from any governmental agency indicating a violation or potential violation of Environmental Laws.)