Common use of O.S.H.A. and Environmental Compliance Clause in Contracts

O.S.H.A. and Environmental Compliance. Except as could not reasonably be expected to have a Material Adverse Effect and except as set forth in Schedule 5.16, (a) each of the Borrower and its Subsidiaries have duly complied, and their facilities, business, assets, property, leaseholds, real property and equipment are in compliance with, the provisions of the Federal Occupational Safety and Health Act and applicable Environmental Laws; and there have been no outstanding citations, notices or orders of non-compliance issued to the Borrower or any of its Subsidiaries or relating to any of their business, assets, property, leaseholds or equipment under any such laws, rules or regulations. (b) each of the Borrower and its Subsidiaries have been issued all Environmental Permits necessary to operate the business. (c) (i) there has not been any Hazardous Discharge on any Material Owned Property or Material Leased Property; (ii) there are no underground storage tanks or electrical equipment containing polychlorinated biphenyls on any Material Owned Property or Material Leased Property; (iii) the Material Owned Property or Material Leases Property has never been used as a treatment, storage or disposal facility of Hazardous Materials permitted under RCRA; and (iv) no Hazardous Materials are present on Material Owned Property or Material Leases Property 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 appropriate for the operation of the commercial business of the Borrower, its Subsidiaries or any of their tenants.

O.S.H.A. and Environmental Compliance. (a) Except as could not reasonably be expected to have a Material Adverse Effect and except as set forth in Schedule 5.16, (a) schedule 5.7, each of the Borrower has duly complied with, and its Subsidiaries have duly complied, and their facilities, business, assets, property, leaseholds, real property Real Property and equipment Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act and applicable Environmental Laws; and there have been no outstanding citations, notices or orders of non-compliance issued to the any Borrower or any of its Subsidiaries or relating to any of their its business, assets, property, leaseholds or equipment Equipment under any such laws, rules or regulations. (b) each of the Each Borrower and its Subsidiaries have has been issued all required federal, state and local licenses, certificates or permits relating to all material Environmental Permits necessary to operate the businessLaws. (c) Other than as described on Schedule 5.7, (i) there has not been any Hazardous Discharge on the Real Property owned or leased by any Material Owned Property or Material Leased PropertyBorrower; (ii) there are no underground storage tanks or electrical equipment containing polychlorinated biphenyls on the Real Property, including any Material Owned Property or Material Leased Propertypremises leased by any Borrower; (iii) the Material Owned Real Property or Material Leases Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Materials Waste permitted under RCRA; and (iv) no Hazardous Materials Substances are present on Material Owned the Real Property or Material Leases Property including any premises leased by any Borrower, excepting such quantities as are handled in accordance with all applicable material manufacturer’s instructions and governmental regulations and in proper storage containers and as are appropriate for the operation of the commercial business of the Borrower, any Borrower or of its Subsidiaries or any of their tenants.

O.S.H.A. and Environmental Compliance. Except as could not reasonably be expected to have a Material Adverse Effect and except as set forth in on Schedule 5.16,5.7: (ai) to the best knowledge of each of the Borrower, such Borrower and its Subsidiaries have RHC has duly compliedcomplied with, and their its facilities, business, assets, property, leaseholds, real property leaseholds and equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act Act, the Environmental Protection Act, RCRA and applicable all other Environmental Laws; and (ii) there have been no outstanding citations, notices or orders of non-compliance issued to the any Borrower or any of its Subsidiaries Guarantor or relating to any of their its business, assets, property, leaseholds or equipment under any such laws, rules or regulations. (b) each of the Each Borrower and its Subsidiaries have RHC has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Permits necessary Laws, except where the failure to operate obtain such licenses, certificates or permits could not, individually or in the businessaggregate, reasonably be expected to have a Material Adverse Effect. (c) To the best knowledge of Borrowers, (i) there has not been 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 Hazardous Discharge on any Material Owned Property or Material Leased Real Property; (ii) there are no underground storage tanks or electrical equipment containing polychlorinated biphenyls on any Material Owned Property or Material Leased Real Property; (iii) the Material Owned Property or Material Leases no Real Property has never been used as a treatment, storage or disposal facility of Hazardous Materials permitted under RCRAWaste; and (iv) no Hazardous Materials Substances are present on Material Owned Property or Material Leases Property any Real Property, excepting such quantities as are handled in accordance with all applicable manufacturer’s 's instructions and governmental regulations and in proper storage containers and as are appropriate necessary for the operation of the commercial business of the Borrower, a Borrower or Guarantor or of its Subsidiaries or any of their tenants.