Common use of Operation and Maintenance of Equipment Clause in Contracts

Operation and Maintenance of Equipment. No Person owning or operating any equipment and other tangible personal property in connection with the operation of the Business has used, operated or maintained the same in a manner which now or hereafter could result in the cancellation or termination of the right of the Seller or any Subsidiary to use or make use of the same which could result in a Material Adverse Effect. All of the material equipment and other tangible personal property which will be owned by the Seller or any Subsidiary upon the Closing is in good operating condition and repair (subject to normal wear and tear) and has been used, operated and maintained in compliance with all material applicable laws, rules and regulations, including, without limitation, any Licenses and Environmental Laws the failure of compliance with which could result in a Material Adverse Effect.