Common use of Other Environmental Matters Clause in Contracts

Other Environmental Matters. (a) As of the Measurement Date, to the knowledge of the AREH Selling Parties, there does not exist on, at, in or under the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by any of the AREH Subs any Hazardous Substance that would reasonably be expected to give rise to a material liability. As of the Measurement Date, to the knowledge of the AREH Selling Parties, each of the AREH Subs is in compliance in all material respects with all applicable Environmental Laws. (b) As of the Measurement Date, there are no pending or, to the knowledge of the AREH Selling Parties, threatened claims or other proposed actions or proceedings by any Person (including any Governmental Entity or third party) affecting the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by the AREH Subs under or pursuant to any Environmental Laws that would reasonably be expected to give rise to a material liability. (c) As of the Measurement Date, and to the knowledge of the AREH Selling Parties, there are no, and there have not been any, aboveground or underground storage tanks on, at, in or under the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by the AREH Subs. (d) As of the Measurement Date, none of the AREH Subs has used, treated, stored or disposed of, arranged for or permitted the disposal of, transported, handled or released any Hazardous Substances, or owned or operated any facility (including without limitation the Traymore Property) in a manner that has given or would reasonably be expected to give rise to any material liability, including any liability for response costs, corrective action costs, personal injury, property damage, natural resources damage or attorneys fees, pursuant to any Environmental Laws. (e) As of the Measurement Date, accurate and complete copies of all environmental reports, tests, studies, investigations and surveys performed on or with respect to the Adjacent Real Property by, on behalf of or in the possession of any of the AREH Subs have been provided to Buyer. (f) As of the Measurement Date, none of the AREH Selling Parties has received any written order, citation, directive, inquiry, notice, summons, warning or other communication of any alleged potential or actual violation of Environmental Law or any actual or potential material Environmental Liability respecting the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by any of the AREH Subs.

Other Environmental Matters. (a) As of the Measurement Date, to the knowledge of the AREH ACE Selling Parties, (i) there does not exist on, at, in or under the Adjacent Real Casino Property or any other real property presently or formerly owned, leased, operated or used by any of the AREH Subs ACE Lo any Hazardous Substance that would reasonably be expected to give rise to a material liability. As of the Measurement Date, to the knowledge of the AREH Selling Parties, each of the AREH Subs liability and (ii) ACE Lo is in compliance in all material respects with all applicable Environmental Laws. (b) As of the Measurement Date, there are no pending or, to the knowledge of the AREH ACE Selling Parties, threatened claims or other proposed actions or proceedings by any Person (including any Governmental Entity or third party) affecting the Adjacent Real Casino Property or any other real property presently or formerly owned, leased, operated or used by the AREH Subs ACE Lo under or pursuant to any Environmental Laws that would reasonably be expected to give rise to a material liability. (c) As of the Measurement Date, and to the knowledge of the AREH ACE Selling Parties, there are no, and there have not been any, aboveground or underground storage tanks on, at, in or under the Adjacent Real Casino Property or any other real property presently or formerly owned, leased, operated or used by the AREH SubsACE Lo. (d) As of the Measurement Date, none of the AREH Subs ACE Lo has not used, treated, stored or stored, disposed of, arranged for or permitted the disposal of, transported, handled or released any Hazardous Substances, or owned or operated any property or facility (including without limitation the Traymore Casino Property) in a manner that has given or would reasonably be expected to give rise to any material liability, including any liability for response costs, corrective action costs, personal injury, property damage, natural resources damage or attorneys fees, pursuant to any Environmental Laws. (e) As of the Measurement Date, accurate and complete copies of all environmental reports, tests, studies, investigations and surveys performed on or with respect to the Adjacent Real Casino Property by, on behalf of or in the possession of any of the AREH Subs ACE Lo have been provided to Buyer. (f) As of the Measurement Date, none of the AREH ACE Selling Parties has received any written order, citation, directive, inquiry, notice, summons, warning or other communication of any alleged potential or actual violation of Environmental Law or any actual or potential material Environmental Liability respecting the Adjacent Real Casino Property or any other real property presently or formerly owned, leased, operated or used by any of the AREH SubsACE Lo.