Common use of Release of Hazardous Materials Clause in Contracts

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.

Appears in 7 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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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 is outstanding and such other information with respect to Hazardous Materials at the Property the County Manager from time to time may require.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

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 County Loan are is outstanding and such other information with respect to Hazardous Materials at the Property the County Manager from time to time may require.

Appears in 1 contract

Samples: Loan Agreement

Release of Hazardous Materials. Borrower hereby covenants and agrees for itself, its successors and its assigns that, for the duration of the AHIF County 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 CDBG Loan are outstanding and such other information with respect to Hazardous Materials at the Property the County Manager from time to time may require.

Appears in 1 contract

Samples: Community Development Block Grant Loan Agreement

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 County Loans are outstanding and such other information with respect to Hazardous Materials at the Property the County Manager from time to time may require.

Appears in 1 contract

Samples: Loan Agreement

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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 County Loans is outstanding and such other information with respect to Hazardous Materials at the Property the County Manager from time to time may require.

Appears in 1 contract

Samples: Loan Agreement

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 that it shall not release or permit any release or threat of release of any Hazardous Materials on the Xxxxxxx Place Property, nor generate or permit any Hazardous Materials to be generated on the Xxxxxxx Place Property; nor store or permit any Hazardous Materials to be stored on the Xxxxxxx Place 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 Xxxxxxx Place 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 Xxxxxxx Place Property, or emanating from the Xxxxxxx Place Property; and (c) upon the Borrower’s obtaining knowledge of the incurring of any expense by any governmental authority Governmental Authority in connection with the assessment, containment or removal of any Hazardous Materials located upon or under the Xxxxxxx Place Property or emanating from the Xxxxxxx Place 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 Xxxxxxx Place Property in such a manner as to bring the Xxxxxxx Place 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 Xxxxxxx Place Property, and to avoid the imposition of any liens on the Xxxxxxx Place 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 Xxxxxxx Place Property at any time while the AHIF Acquisition Loan are outstanding and such other information with respect to Hazardous Materials at the Xxxxxxx Place Property the County Manager from time to time may require.

Appears in 1 contract

Samples: Loan Agreement

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