Other Environmental Issues Sample Clauses

Other Environmental Issues. (a) Buyer acknowledges that each Terminal has been used for the storage, disposal, sale, and transfer of petroleum products or derivatives and Seller hereby advises Buyer that (i) releases of such products into the soil have occurred from time to time in the past; and (ii) each Terminal has contaminated subsurface conditions. Any warranty, covenant or provision in the applicable Deed from Seller to Buyer with respect to each Terminal does not, nor will it be deemed to, extend or apply to any release or presence of petroleum products, derivatives, or any other type of contaminant on, in, under, or about the respective Terminal including, but not limited to, the surface area, size, and location of such substances and/or the description of the types of contaminants contained therein. As part of the consideration for the sale of the Terminals, Buyer for itself, its successors and permitted assigns, covenants and agrees that neither the Real Property for any of the Terminals, nor any part thereof shall at any time be used for any of the following specifically listed facilities or uses, or any similar facility or use: residential, child care, nursery school, preschool, or any other educational facility, place of worship, playground, hotel, motel, inn, bed and breakfast or rooming house, nursing home, rehabilitation center, hospital or community center and that the installation of any water wells for drinking or irrigation purposes along with the construction xx xxsements is prohibited; that these covenants and agreements shall survive the Closing; that these covenants and agreements are to run with the Real Property for each Terminal; that these restrictive measures will be inserted in the Special Warranty Deeds to be delivered at the Closing and that similar restrictive covenants shall be inserted in any deed, lease or other instrument conveying or demising any of the Real Property or any part thereof. Furthermore, Buyer for itself, its successors and permitted assigns agrees to execute any documents required by any Governmental Authority having jurisdiction over any of the Terminals that are consistent with the above use restrictions.
Sample 1
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Other Environmental Issues. 6.5.33 The Consultants shall assess, if any, other relevant environmental issues, including but not limited to ecology, fisheries, landscape resources, waste management implications, cultural heritage, water quality and hazards to life, to broadly address the potential environmental impacts arising from the proposed transport initiatives.
Sample 1
Other Environmental Issues. 13.4.1. Identify, as soon as possible, other environmental issues. These may include:
Sample 1
Other Environmental Issues. Subject to the terms and conditions -------------------------- of this Article IX, except as set forth herein, and without limiting the generality of the foregoing, each Shareholder, jointly and severally, hereby agrees to indemnify, defend, and hold harmless Buyer and Buyer's Affiliates from and against all Claims asserted against, resulting to, imposed upon, or incurred by Buyer, Buyer's Affiliates, Company, the Business, any third party, or any governmental authority, directly or indirectly, by reason of, arising out of or in any way related to any of the following: (i) the transport of hazardous wastes from Denric Tool to the Facilities and the disposal of such hazardous wastes without required permits for such activity, as referenced on Schedule 3.12(c)(1); (ii) Company's management, transportation, treatment, storage or disposal of spent paint filters; and (iii) Company's failure to meet its Form R reporting obligations for the years 1987 through 1998 relative to Company's welding, grinding, polishing and painting operations; ((i), (ii) and (iii), collectively, the "Other Environmental Issues"). In the event that the matters described in any one or more of (i), (ii), or (iii) above is resolved to Buyer's satisfaction (in its sole discretion) prior to Closing, the corresponding obligation of Shareholders to provide indemnification pursuant to this Section 9.02 with respect to such matter shall terminate.
Sample 1
Other Environmental Issues. Subject to the terms and conditions -------------------------- of this Article IX, except as set forth herein, and without limiting the generality of the foregoing, each Shareholder, jointly and severally, hereby agrees to indemnify, defend, and hold harmless Buyer and Buyer's Affiliates from and against all Claims asserted against, resulting to, imposed upon, or incurred by Buyer, Buyer's Affiliates, Company, the Business, any third party, or any governmental authority, directly or indirectly, by reason of, arising out of or in any way related to any of the following: (i) the transport of hazardous wastes from Denric Tool to the Facilities and the disposal of such hazardous wastes without required permits for such activity, as referenced on Schedule 3.12(c)(1); and (ii) Company's failure to meet its Form R reporting obligations for the years 1987 through 1998 relative to Company's welding, grinding, polishing and painting operations; ((i) and (ii), collectively, the "Other Environmental Issues").
Sample 1

Related to Other Environmental Issues

  • Environmental Issues Neither Seller nor any agent or representative of Seller has made any representations as to any environmental, health or safety conditions that which exists or may arise at the Property. Purchaser assumes responsibility for any and all clean-up costs, and will indemnify Seller, and hold Seller harmless, with respect to the same.

  • Environmental Information Seller shall, promptly upon written request from PacifiCorp, provide PacifiCorp with all data reasonably requested by PacifiCorp relating to environmental information under the Required Facility Documents. Seller shall further provide PacifiCorp with information relating to environmental impact mitigation measures it is taking in connection with the Facility's construction or operation that are required by any Governmental Authority. PacifiCorp shall reimburse Seller for all of Seller's reasonable actual costs and expenses in excess of $10,000 per year, if any, incurred in connection with PacifiCorp's requests for the foregoing information under this Section 6.10.7. As soon as it is known to Seller, Seller shall disclose to PacifiCorp, the extent of any material violation of any environmental laws or regulations arising out of the construction or operation of the Facility, or the presence of Environmental Contamination at the Facility or on the Premises, alleged to exist by any Governmental Authority having jurisdiction over the Premises, or the present existence of, or the occurrence during Seller's occupancy of the Premises of, any enforcement, legal, or regulatory action or proceeding relating to such alleged violation or alleged presence of Environmental Contamination presently occurring or having occurred during the period of time that Seller has occupied the Premises.

  • Environmental Investigation (a) Acquiror may, in its discretion, within thirty (30) Business Days of the date of this Agreement, require the Company to order, at Acquiror’s expense, a Phase I environmental site assessment to be delivered only to Acquiror for each parcel of real property in which the Company or an Acquired Subsidiary holds an interest or formerly held an interest (each a “Phase I Report”), conducted by an independent professional consultant reasonably acceptable to Acquiror to determine if any real property in which the Company or any Acquired Subsidiary holds any interest or formerly held an interest contains or gives evidence of any adverse environmental condition or any violations of Environmental Laws on any such property. If a Phase I Report discloses any violations or adverse environmental conditions, or reports a reasonable suspicion thereof, then Acquiror may promptly obtain, at the expense of the Company and Acquiror, shared equally, a Phase II environmental report with respect to any affected property which report shall contain an estimate of the cost of any remediation or other follow-up work that may be necessary to address those violations or conditions in accordance with applicable laws and regulations (each a “Phase II Report,” and collectively referred to with the associated Phase I Report, an “Environmental Report”). Acquiror shall have no duty to act upon any information produced by an Environmental Report for the benefit of the Company, any Acquired Subsidiary or any other Person, but shall provide such information to the Company upon the Company’s request.

  • Environmental Studies Promptly conduct and complete, at Borrower’s expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or used by Borrower.

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

  • Materials of Environmental Concern “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

  • HAZARDOUS MATERIALS DISCLOSURES 7.1 Does your company handle an aggregate of at least 500 pounds, 55 gallons or 200 cubic feet of hazardous material at any given time? Yes ( ) No ( )

  • Environmental Inspections In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under this Article XXXII, Landlord shall have the right, from time to time, during normal business hours, subject to the rights of subtenants and hotel guests at the Leased Property and upon not less than five (5) days written notice to Tenant, except in the case of an emergency in which event no notice shall be required, to conduct an inspection of the Leased Property to determine the existence or presence of Hazardous Substances on or about the Leased Property. Landlord shall have the right to enter and inspect the Leased Property, (upon not less than ten (10) days written notice to Tenant for invasive testing except in the case of emergency when no advance notice shall be required; provided, that Landlord shall provide notice to Tenant within a reasonable period thereafter) conduct any testing, sampling and analyses it deems necessary and shall have the right to inspect Hazardous Substances brought into the Leased Property; provided that, except in the case of emergency or during the occurrence and continuance of an Event of Default, Landlord shall use commercially reasonable efforts to cause any such testing, sampling and analyses to be performed in such a manner so as to reasonably minimize any interference with the operations and occupancy of the Leased Property and to reasonably minimize any disturbance to guests of Tenant. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith. All reasonable costs and expenses incurred by Landlord under this Section 32.5 shall be paid on demand as Additional Charges by Tenant to Landlord. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion be intended as a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Xxxxxx’s tenancy. To the extent Tenant may be liable pursuant to this Article XXXII, Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Master Lease.

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