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

O.S.H.A. and Environmental Compliance. (a) Each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, and all applicable Environmental Laws; except as has been disclosed on Schedule 5.7(c), there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has been issued all required material federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (c) Except as has been disclosed on Schedule 5.7(c) hereof, (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 including any premises leased by any Borrower, which is material; (ii) to the knowledge of any Borrower, there are no polychlorinated biphenyls on the Real Property including any premises leased by any Borrower; and (iii) to the knowledge of any Borrower, the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste. (d) All Real Property owned by Borrowers is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower in accordance with prudent business practice in the industry of such Borrower.

O.S.H.A. and Environmental Compliance. (a) Each Borrower has Borrowers have duly complied in all material respects with, and its their facilities, business, assets, property, 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 applicable other Environmental Laws; except as has been disclosed on Schedule 5.7(c), there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has Borrowers have been issued all required material federal, state and local licenses, certificates or permits relating to all applicable Environmental LawsLaw other than those the absence of which would not reasonably be likely to have a Material Adverse Effect. (c) Except as has been disclosed on Schedule 5.7(c) hereof, (i) there The Borrowers are no visible signs not aware of any releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including or any premises leased by any Borrower, which is material; (ii) to the knowledge of any Borrower, Borrowers there are no underground storage tanks or polychlorinated biphenyls on the Real Property including or any premises leased by any Borrower; and (iii) to the knowledge of any Borrower, Borrowers neither the Real Property including nor any premises leased by any Borrower has never ever been used as a treatment, storage or disposal facility of Hazardous Waste. ; and (div) All no Hazardous Substances are present on the Real Property owned or any premises leased by Borrowers is insured pursuant to policies and other bonds which any Borrower, excepting such quantities as are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower handled in accordance with prudent all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business practice in the industry of such Borrowerany Borrower or of its tenants.

O.S.H.A. and Environmental Compliance. (a) Each Except as disclosed on Schedule 5.7, each Borrower has duly complied with, and its facilities, business, assets, property, 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 applicable other Environmental Laws; except as has been disclosed on Schedule 5.7(c), there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has been issued all required material federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (c) Except as has been disclosed on Schedule 5.7(c) hereof5.7, (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 including any premises leased by any Borrower, which is material; (ii) to the knowledge of any Borrower, there are no polychlorinated biphenyls on the Real Property including or any premises leased by any Borrower; and (ii) to the best of Borrowers’ knowledge, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by any Borrower; (iii) to the knowledge best of any BorrowerBorrowers’ knowledge, neither the Real Property including nor any premises leased by any Borrower has never ever been used as a treatment, storage or disposal facility of Hazardous Waste. ; and (div) All to the best of Borrowers’ knowledge, no Hazardous Substances are present on the Real Property owned or any premises leased by Borrowers is insured pursuant to policies and other bonds which any Borrower, excepting such quantities as are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower handled in accordance with prudent all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business practice in the industry of such Borrowerany Borrower or of its tenants.

O.S.H.A. and Environmental Compliance. (a) Each Borrower has Except as disclosed in Schedule 5.7, Borrowers have duly complied with, and 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, the Environmental Protection Act, RCRA and all applicable other Environmental Laws; except as has been disclosed on Schedule 5.7(c), there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has Except as disclosed in Schedule 5.7, Borrowers have been issued all required material federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (c) Except as has been disclosed on in Schedule 5.7(c) hereof5.7, (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 including or any premises leased by any Borrower, which is materialBorrowers; (ii) to the knowledge of any Borrower, there are no underground storage tanks or polychlorinated biphenyls on the Real Property including or any premises leased by any BorrowerBorrowers; and (iii) to the knowledge of any Borrower, neither the Real Property including nor any premises leased by any Borrower Borrowers has never ever been used as a treatment, storage or disposal facility of Hazardous Waste. ; and (div) All no Hazardous Substances are present on the Real Property owned or any premises leased by Borrowers is insured pursuant to policies and other bonds which Borrowers, excepting such quantities as are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower handled in accordance with prudent all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business practice in the industry of such BorrowerBorrowers or of its tenants.

O.S.H.A. and Environmental Compliance. (a) Each Borrower has duly materially complied with, and its facilities, business, assets, property, 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 applicable other Environmental Laws; except as has been disclosed on Schedule 5.7(c), there have been are no material outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each To the best of each Borrower’s knowledge, each Borrower has been issued all required material federal, state state, Canadian, provincial and local licenses, certificates or permits relating to all applicable Environmental Laws. (c) Except as has been disclosed on Schedule 5.7(c) hereof, (i) there There are no visible signs of material releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including any premises leased by any Borrower, which is material; (ii) to the knowledge of any Borrowersuch Borrowers’ knowledge, and except for conditions that comply with applicable Environmental Law, there are no underground storage tanks or polychlorinated biphenyls on the Real Property including any premises leased by any Borrower; and (iii) to the knowledge of any Borrowersuch Borrowers’ knowledge, the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste. ; and (div) All to such Borrowers’ knowledge, no Hazardous Substances are present on the Real Property owned including any premises leased by Borrowers is insured pursuant to policies and other bonds which any Borrower, excepting such quantities as are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower handled in accordance with prudent all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business practice in the industry of such Borrowerany Borrower or of its tenants.