Common use of O.S.H Clause in Contracts

O.S.H. A. and Environmental Compliance. Except as disclosed on Schedule 5.7 hereto: (a) Each Obligor has duly complied with, and its facilities, business, assets, property, leaseholds and Equipment are in compliance in all respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect; there have been no outstanding citations, notices or orders of non-compliance issued to any Obligor or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations except where the facts and circumstances surrounding said citations, notices or notices could not reasonably be expected to have a Material Adverse Effect. (b) Each Obligor has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws where the failure to be so issued could reasonably be expected to have a Material Adverse Effect. (i) There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Substances at, upon, under or within any Real Property or any premises leased by any Obligor where said Releases could reasonably be expected to have a Material Adverse Effect; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by any Obligor, except in all material respects in accordance with applicable laws; (iii) neither the Real Property nor any premises leased by any Obligor have ever been used as a treatment, storage or disposal facility of Hazardous Waste, except in all material respects in accordance with applicable laws; and (iv) no Hazardous Substances are present on the Real Property or any premises leased by Borrower, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Obligor or of its tenants, except in each case where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

O.S.H. A. and Environmental Environment Compliance. Except as disclosed on Schedule 5.7 hereto:. (a) Each Obligor has of the Borrowers have duly complied with, and its facilities, business, business assets, property, leaseholds and Equipment equipment are in compliance in all material 42 respects with, the provisions provisions, of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectLaws; there have been no outstanding citations, notices or orders of non-compliance issued to any Obligor Borrowers or relating to its their respective business, assets, property, leaseholds or Equipment equipment under any such laws, rules or regulations except where the facts and circumstances surrounding said citations, notices or notices could not reasonably be expected to have a Material Adverse Effectregulations. (b) Each Obligor of the Borrowers has been issued all required federal, state and local licenses, certificates or permits relating to to, and each of the Borrowers and their facilities, businesses, assets, property, leaseholds and equipment are in compliance in all material respects with, all applicable Environmental Laws where the failure to be so issued could reasonably be expected to have a Material Adverse EffectLaws. (i) There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Substances at, upon, under or within any Real Property or any premises leased by any Obligor where said Releases could reasonably be expected to have a Material Adverse EffectBorrowers; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by any Obligor, except in all material respects in accordance with applicable lawsBorrowers; (iii) neither the Real Property nor any premises leased by any Obligor Borrowers have ever been used as a treatment, storage or disposal facility of Hazardous Waste, except in all material respects in accordance with applicable laws; and (iv) no Hazardous Substances are present on the Real Property or any premises leased by BorrowerBorrowers, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Obligor the Borrowers or of its tenants. (d) Each of the Borrowers hereby indemnifies and holds Lender harmless from and against any liability, except in each case where the failure loss, damage, suit, action or proceeding pertaining to do so could Hazardous Wastes or Toxic Substances at, upon, under or within any Real Property or any premises leased by Borrowers, including, but not reasonably be expected to have a Material Adverse Effectlimited to, claims of any federal, state or municipal government or quasi-governmental agency or any third person, whether arising under CERCLA, RCRA, or any other federal, state or municipal law or regulation, or tort, contract or common law.

O.S.H. A. and Environmental Compliance. Except as disclosed on Schedule 5.7 hereto: (a) Each Obligor has duly complied To the best of each Borrower's knowledge, each Borrower is in compliance with, and its facilities, business, business assets, property, leaseholds and Equipment equipment are in compliance in all respects with, the provisions of the Federal Occupational Safety and Health ActAct ("O.S.H.A."), the Americans with Disabilities Act ("ADA"), the Environmental Protection Act, RCRA and all other Environmental Laws except where the failure to so comply could not reasonably be expected to have a Material Adverse Effectapplicable environmental and handicapped access laws; and there have been no outstanding citations, notices notices, notifications or orders of non-any such non- compliance issued to any Obligor Borrower or relating to its business, assets, property, leaseholds or Equipment equipment under any such laws, rules or regulations except where the facts and circumstances surrounding said citations, notices or notices could not reasonably be expected to have a Material Adverse Effect.regulations; (b) Each Obligor each Borrower has been issued all required federal, state and local licenses, certificates and permits necessary or permits relating to all applicable Environmental Laws where appropriate in the failure to be so issued could reasonably be expected to have a Material Adverse Effect.operation of its facilities, businesses, assets, property, leaseholds and equipment; and (i) There there are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to herein as "Releases") of Hazardous Substances at, upon, under or within any Real Property real property owned, or any premises leased leased, by any Obligor where said Releases could reasonably be expected to have a Material Adverse EffectBorrower; (ii) to the knowledge of each Borrower, there are no underground storage tanks or polychlorinated biphenyls on the Real Property any real property owned, or any premises leased leased, by any Obligor, except in all material respects in accordance with applicable lawsBorrower; (iii) neither to the Real Property nor any knowledge of each Borrower, no real property owned, or premises leased leased, by any Obligor have Borrower has ever been used by any Borrower or any other person as a treatment, storage or disposal facility of for Hazardous Waste, except in all material respects in accordance with applicable laws; and (iv) to the knowledge of each Borrower, no Hazardous Substances are present on the Real Property any real property owned, or premises leased, by any premises leased by Borrower, excepting except for such quantities of Hazardous Substances as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers regulations, and as are necessary or appropriate for the operation of the commercial business of such Borrower. Each Borrower, for itself and its successors and assigns, hereby covenants and agrees to indemnify, defend and hold harmless the Agent and each Lender from and against any Obligor and all liabilities, losses, claims, damages, suits, penalties, costs and expenses of every kind or nature, including, without limitation, reasonable attorneys' fees arising from or in connection with (i) the presence or alleged presence of its tenantsany Hazardous Substance or Hazardous Waste on, except in each case where under or about any property of any Borrower (including, without limitation, any property or premises now or hereafter owned or leased by any Borrower), or which is caused by or results from, directly or indirectly, any act or omission to act by any Borrower; and (ii) any Borrower's violation of the failure to do so could not reasonably be expected to have a Material Adverse EffectADA or any environmental statute, ordinance, order, rule or regulation of any governmental entity or agency thereof (including, without limitation, any liability arising under CERCLA, RCRA, HMTA or any Applicable Laws).

O.S.H. A. and Environmental Compliance. Except as disclosed on Schedule 5.7 hereto:. (a) Each Obligor Except as set forth in the Existing Environmental Due Diligence, Borrower has duly complied with, and its facilities, business, assets, property, leaseholds leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws except where the failure to so comply could not reasonably be expected to have a Material Adverse EffectLaws; there have been no outstanding citations, notices or orders of non-compliance issued to any Obligor Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations except where the facts and circumstances surrounding said citations, notices or notices could not reasonably be expected to have a Material Adverse Effectregulations. (b) Each Obligor Borrower has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws where the failure to be so issued could reasonably be expected to have a Material Adverse Effectas set forth on Schedule 5.7(b) attached hereto. (c) Borrower shall perform all testing and remediation recommended and set forth in the Existing Environmental Due Diligence including, but not limited to, as recommended in Section 10 of the 2005 Phase 1, in accordance with the requirements of the Existing Environmental Due Diligence and all applicable laws. Borrower shall provide to the Agent copies of all documentation with regard thereto. (d) Except as set forth in the Existing Environmental Due Diligence, (i) There there are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Substances at, upon, under or within any Real Property or any premises leased by any Obligor where said Releases could reasonably be expected to have a Material Adverse EffectBorrower; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by any Obligor, except in all material respects in accordance with applicable lawsBorrower; (iii) neither the Real Property nor any premises leased by any Obligor have Borrower has ever been used as a treatment, storage or disposal facility of Hazardous Waste, except in all material respects in accordance with applicable laws; and (iv) no Hazardous Substances are present on the Real Property or any premises leased by Borrower, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Obligor Borrower or of its tenants, except in each case where the failure to do so could not reasonably be expected to have a Material Adverse Effect.