Regulated Substances. Borrower complies and will comply with all laws respecting Regulated Substances.
Regulated Substances. Borrower complies and will comply with all laws respecting Regulated Substances, except where the failure to comply could not reasonably be expected to have an adverse effect on Borrower’s business.
Regulated Substances. Borrower will comply with all laws respecting Regulated Substances and shall not incur any penalties with regards to such Regulated Substances in an amount not to exceed $100,000 of remedial cost, which penalty has not been dismissed or paid within 30 days.
Regulated Substances. As used herein, the term "Regulated Substances" means and includes any and all substances, chemicals, waste, sewage or other materials, which are now or hereafter regulated, controlled or prohibited by any local, state, or federal law or regulation requiring removal, warning or restrictions on the use, generation, disposal or transportation thereof, including, without limitation (a) any substance defined as a "hazardous substance", "hazardous material", "hazardous waste", "toxic substance", or "air pollutant" in the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq., The Hazardous Materials Transportation Act (HMTA), 49 U.S.C. §1801 et seq., The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., Federal Water Pollution Control Act (FWPC), 33 X.X. §0000 et seq., or the Clean Air Act (CAA), 42 U.S.C. §7401 et seq., all as amended and amended hereafter; (b) any substance defined as a "hazardous substance", "hazardous waste", "toxic substance", "extremely hazardous waste", "RCRA hazardous waste", "waste", "hazardous material" or "controlled industrial waste", as defined in the Oklahoma Industrial Waste Disposal Act, 63 O.S. §1-2000 et seq.; (c) any Regulated Substance, hazardous substance, hazardous waste, toxic substance, toxic waste, hazardous material, waste, chemical, or compound described in any other federal, state, or local statute, ordinance, code, rule, regulation, order, decree, or other law now or at any time hereafter in effect, regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous substance, chemical, material, compound or waste. As used herein, the term Regulated Substance or "hazardous substances" also means and includes, without limitation, asbestos, flammable, explosive or radioactive materials; gasoline; oil; motor oil; waste oil; petroleum (including without limitation, crude oil, or any fraction thereof); petroleum based products; paints and solvents; leads; cyanide; DDT; printing inks; acids; pesticides; ammonium compounds; polychlorobiphenyls; and other regulated chemical products.
Regulated Substances. Each Borrower and each Subsidiary complies and will comply in all material respects with all laws respecting Regulated Substances.
Regulated Substances. As used herein, the term "Regulated Substances" means and includes any and all substances, chemicals, waste, sewage or other materials, which are now or hereafter regulated, controlled or prohibited by any local, state, or federal law or regulation requiring removal, warning or restrictions on the use, generation, disposal or transportation thereof, including, without limitation (a) any substance defined as a "hazardous substance", "hazardous material", "hazardous waste", "toxic substance", or "air pollutant" in the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq., The Hazardous Materials Transportation Act (HMTA), 49 U.S.C. §1801 et seq., The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., Federal Water Pollution Control Act (FWPC), 33 X.X. §0000 et seq., or the Clean Air Act (CAA), 42 U.S.C. §7401 et seq., all as amended and amended hereafter;
Regulated Substances. (a) Lessee shall not Release or dispose of any Regulated Substances on or at the Leased Premises, in any manner, except in compliance with all applicable Permits and Environmental Laws.
(b) Lessee shall not treat, dispose of, store or otherwise manage any Regulated Substances used or generated at or emitted or emanating from or passing through the surface or subsurface of the Leased Premises in any manner that would require a hazardous waste storage, treatment or disposal Permit under RCRA or any other Environmental Law. Without limiting the foregoing, if Lessee generates hazardous waste at the Leased Premises, Lessee shall establish and maintain in the Leased Premises accumulation areas for such hazardous waste generated by Lessee in compliance with all applicable Environmental Laws and shall manage such accumulation areas in a manner that will not require a hazardous waste storage, treatment or disposal Permit under RCRA or any other Environmental Law, and, in any event, shall completely remove and dispose of all such hazardous waste as part of the Remedial Actions.
(c) If Lessee generates, treats, disposes of, discharges, uses or stores Regulated Substances at, from or on the Leased Premises, Lessee shall: (i) at its own cost and expense, comply in all material respects with all Environmental Laws and maintain all Permits and other approvals from any Governmental Entity required in connection therewith; (ii) upon written request by Lessor, promptly provide Lessor with copies of all MSDS sheets and any other Required Regulated Substance Records that Lessor may reasonably request relating to the Regulated Substances; (iii) allow Lessor and its representatives to enter the Leased Premises at reasonable times and conduct appropriate environmental testing; and (iv) upon written request by Lessor, promptly provide Lessor with the results of any environmental testing conducted at the Leased Premises by Lessee.
(d) Lessee may store or utilize at or on the Leased Premises, in accordance with Environmental Laws, those Regulated Substances that were being utilized by the Lessee Business as of the Effective Date. Lessee may not bring onto the Leased Premises, store or utilize any other Regulated Substances without the prior written approval of Lessor, which approval shall be in Lessor’s reasonable discretion.
(e) Lessee shall keep and maintain accurate records of all Regulated Substances used, stored, treated, disposed, discharged or Released by Lessee at the Lease...
Regulated Substances. Sublessee shall not use, store, transport or dispose of, in or about the Master Premises, any Regulated Substances without Sublessor’s and Master Lessor’s prior written consent. Sublessor hereby approves of Sublessee’s use of all of the Regulated Substances used in the Master Premises on the Commencement Date. Sublessee shall be permitted to operate under any Environmental Permits previously assigned to or otherwise held by Sublessor during the Term. In addition, to the extent that any Environmental Permits were not previously assigned or transferred to Sublessor and continue to remain in the name of Sublessee, then Sublessor will be permitted to operate under the Environmental Permits held by Sublessee during the Term or until Sublessor obtains new permits, provided Sublessor will use commercially reasonable efforts to obtain such new permits as soon as reasonably possible. Each party shall indemnify, defend, protect and hold harmless the other from all costs, claims, liabilities and damages (including attorneys’ fees and consultant fees) of every type and nature directly or indirectly arising out of or in connection with (i) the use, generation, disposal, discharge or Release of any Regulated Substances, or (ii) any violation of any Environmental Law, including with respect to (i) and (ii) any injury to or death of persons or damage to or destruction of property during the Term. This indemnification shall survive the termination of this Sublease.
Regulated Substances. Any substances, chemicals, materials or elements that are prohibited, limited, regulated or governed by Environmental Law, or any other substances, chemicals, materials or elements: (i) defined as “hazardous substance” under the Comprehensive Environmental Response, compensation and Liability Act of 1980 (“CERCLA”) (42 U.S.C. §§9601, et seq), as amended by the Superfund Amendments and Reauthorization Act of 1986, and as further amended from time to time, and regulations promulgated thereunder; (ii) defined as a “regulated substance” within the meaning of Subtitle I of the Resource Conservation and Recovery Act (42 U.S.C. §§ 6991-6991), and regulations promulgated thereunder; (iii) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 1317; (iv) defined as “hazardous”, “toxic”, or otherwise regulated, under Environmental Law adopted by the State of Delaware, or its agencies or political subdivisions including, Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91; (v) petroleum, petroleum products or derivatives or constituents thereof; (vi) asbestos or asbestos-containing materials; (vii) urea formaldehyde foam insulation or urea formaldehyde foam insulation-containing materials; (viii) lead based paint or lead based paint-containing materials; (ix) polychlorinated biphenyls or polychlorinated biphenyl-containing materials; (x) radon or radon-containing or producing materials; (xi) the presence of which requires notification, investigation or remediation under Environmental Law or common law; causes or threatens to cause a nuisance or trespass upon the Property or to adjacent properties, poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or (xi) by any laws of any government authority require special handling in its collection, storage, treatment, or disposal.
Regulated Substances. Except as set forth on Schedule 4.11, no Regulated Substances have been released (i) at or from the Real Property into the environment other than in material compliance with applicable federal, state and local laws, or (ii) released into any workplace area associated with the Business, other than in compliance with OSHA and similar state laws. All Regulated Substances intended for use or generated at the Real Property were and are, to the Knowledge of Sellers, used, stored, treated, disposed or otherwise managed in material compliance with all applicable laws.
