Release of Hazardous Materials. Borrower hereby covenants and agrees for itself, its successors and its assigns that, for the duration of the AHIF Affordability Compliance Period, Borrower shall not release or permit any release or threat of release of any Hazardous Materials on the Property, nor generate or permit any Hazardous Materials to be generated on the Property; nor store or permit any Hazardous Materials to be stored on the Property (unless such substance is customarily used in connection with construction or operation of a housing development and either a permit is issued therefor or such storage is allowed by Applicable Law). The Borrower shall provide the County Manager with prompt written notice: (a) upon the Borrower’s becoming aware of any release or threat of release of any Hazardous Materials upon, under or from the Property; (b) upon the Borrower’s receipt of any notice from any federal, state, municipal or other governmental agency or authority in connection with any Hazardous Materials located upon or under the Property, or emanating from the Property; and (c) upon the Borrower’s obtaining knowledge of the incurring of any expense by any governmental authority in connection with the assessment, containment or removal of any Hazardous Materials located upon or under the Property or emanating from the Property. The Borrower hereby covenants and agrees, at its sole cost and expense, to promptly take all remedial action necessary to assess, contain, monitor, remediate and remove all Hazardous Materials which are located upon or released at the Property in such a manner as to bring the Property in compliance with applicable legal requirements, and to take all actions necessary or appropriate to avoid any liability of or claims against the Borrower, or any subsequent owner of the Property, and to avoid the imposition of any liens on the Property as a result of the presence of Hazardous Materials thereon. The Borrower hereby covenants and agrees, at its sole cost and expense, to provide to the County Manager all professional environmental assessments prepared with respect to the Property at any time while the AHIF Loan are outstanding and such other information with respect to Hazardous Materials at the Property the County Manager from time to time may require.
Release of Hazardous Materials. If Tenant discovers that any spill, leak, or release of any quantity of any Hazardous Materials has occurred on, in or under the Property, Tenant shall promptly notify Landlord. In the event such release is a Tenant Release, Tenant shall (or shall cause others to) promptly and fully investigate, cleanup, remediate and remove all such Hazardous Materials as may remain and so much of any portion of the environment as shall have become contaminated, all in accordance with applicable government requirements, and shall replace any removed portion of the environment (such as soil) with uncontaminated material of the same character as existed prior to contamination. In the event such release is a Landlord Release, Landlord shall (or shall cause others to) promptly and fully investigate, cleanup, remediate and remove all such Hazardous Materials as may remain and so much of any portion of the environment as shall have become contaminated, all in accordance with applicable government requirements, and shall replace any removed portion of the environment (such as soil) with uncontaminated material of the same character as existed prior to contamination. Within twenty (20) days after any such spill, leak, or release, the party responsible for the remediation of such release shall give the other party a detailed written description of the event and of such responsible parties investigation and remediation efforts to date. Within twenty (20) days after receipt, such responsible party shall provide the other party with a copy of any report or analytical results relating to any such spill, leak, or release. In the event of a release of Hazardous Material in, on, or under the Property by the Tenant Related Parties, Tenant shall not be entitled to an abatement of Rent during any period of abatement, provided, however, that in the event a Landlord Release causes the Leased Premises to be untenantable for a period of three (3) consecutive business days, Basic Annual Rent shall be thereafter be abated during the period which the Leased Premises are untenantable.
Release of Hazardous Materials. Purchaser acknowledges that, except with respect to any representations, warranties or other agreements of Seller expressly provided herein or in the Closing documents, Seller is not in any manner responsible to Purchaser for the presence of any Hazardous Materials at, on, in, under or relating to the Property, if any. Purchaser hereby specifically releases the Seller from any and all claims, losses, liabilities, fines, charges, damages, injuries, penalties, response costs, and expenses of any and every kind whatsoever
Release of Hazardous Materials. Tenant shall promptly give Landlord Notice of any Release of Hazardous Materials in the Premises, Building or Complex of which Tenant becomes aware during the Term whether caused by Tenant or others. At its sole cost and expense, Tenant shall investigate, clean up and remediate any Release of Hazardous Materials that were caused or created by Tenant or any of Tenant Parties. Investigation, clean up and remediation may be performed only after Tenant has Landlord’s written approval of the remediation plan. Tenant may respond immediately to an emergency without first obtaining Landlord’s written consent. All clean up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord.
Release of Hazardous Materials. Except as provided below in Section 11.4, Master Tenant shall not store, dispose of, transport, generate or otherwise introduce any Hazardous Material in, on or around the Premises. If any Hazardous Material is deposited, released, stored, disposed, transported, generated or otherwise introduced by Master Tenant in, on, or around the Premises, Master Tenant, at Master Tenant’s sole cost and expense, shall comply with all applicable laws, rules, regulations and policies of any governmental body with jurisdiction over the same, to remove, transport and dispose of such substances and perform all remediation and cleanup necessary or advisable to remediate any damage to persons, property or the environment as a result of the presence of such Hazardous Materials.
Release of Hazardous Materials. Tenant shall not use, store, or dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Premises, the Building, or any adjacent property, or in any improvements placed on the Premises, except in small amounts as ordinarily and customarily used for general office purposes, and then only strictly in accordance with all applicable laws, rules, regulations and ordinances. Tenant represents and warrants to Landlord that Xxxxxx’s intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises of any hazardous waste or materials, except in small amounts as ordinarily and customarily used for general office purposes, and then only strictly in accordance with all applicable laws, rules, regulations and ordinances. As used in this Section, the term “hazardous waste or materials” includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) pursuant to any statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all such statutes, regulations, rules and ordinances, and if Tenant fails to so comply Landlord may, after reasonable prior notice to Tenant (except in case of emergency) effect such compliance on behalf of Tenant. Tenant shall immediately reimburse Landlord for all costs incurred in effecting such compliance.
Release of Hazardous Materials. (i) No Hazardous Materials have been released, deposited, spilled, discharged or disposed of on or under any Real Property or Leasehold currently owned or operated by the Company in violation of Environmental Laws or applicable Permits and (ii) during the times that any formerly owned or operated Real Property or Leaseholds were owned or operated by the Company or its predecessors only, no Hazardous Materials were released, deposited, spilled, discharged or disposed of on or under any such Real Property or Leasehold in violation of Environmental Laws or applicable Permits.
Release of Hazardous Materials. Except as set forth on Schedule 4.16(g), to the Knowledge of Seller and JCI, there has not been any Release or threatened Release of Hazardous Materials on, in, or under the Owned Real Estate prior to closing.
Release of Hazardous Materials. In the event of any release, discharge or other event caused or contributed to by the acts or omissions of the Tenant or Tenant’s Representatives which poses a threat of damage or contamination to the Property or the environment, whether discovered by Landlord or Tenant, Tenant shall fully document the facts relating to the event, including the circumstances existing prior to and after the occurrence of the event, the precise nature of the release, discharge or event, including specific compounds and quantities involved, and all actions Tenant has taken and will take to remediate the release, discharge or event. Tenant shall provide such documentation to Landlord promptly after the occurrence in question. Tenant shall pay the reasonable costs and fees charged by Landlord’s environmental consultants to review such documentation and provide peer review confirming the adequacy of the measures, past and future, taken by Tenant to remediate the problem.
Release of Hazardous Materials. Release (or permit any Subsidiary to release) any Hazardous Material on, at, in, under, above, to, from or about any of its Real Estate where such release would (a) form the basis for any Environmental Liabilities under any Environmental Laws or (b) otherwise adversely impact the value or marketability of any of such Real Estate or any of the Collateral, other than such violations or Environmental Liabilities that could not reasonably be expected to have a Material Adverse Effect.
