Common use of Representations and Warranties on Environmental Matters Clause in Contracts

Representations and Warranties on Environmental Matters. As of the Closing Date, except as disclosed in the reports listed on Schedule 4.2 hereof, to Borrower's knowledge, (1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, disposed of or otherwise present at or about any Property or any property adjacent to such Property (except for cleaning and other products currently used in connection with the routine maintenance or repair of any Property in full compliance with Environmental Laws), (2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Property does not, and did not previously, violate any Environmental Laws, and (3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any liens imposed in connection with any Property concerning Hazardous Materials or Environmental Laws, nor have any written notices concerning Hazardous Materials or Environmental Laws been received from any Person in connection with any assets or activities of Borrower or any Property. Borrower further represents and warrants that (a) to its knowledge (i) neither Borrower nor any other party is or has been involved in operations at or near any of the Properties which operations could lead to (A) the imposition of liability on Borrower, or on any subsequent or former owner of any of the Properties or (B) the creation of a lien on any of the Properties under the Environmental Laws or under any similar laws or regulations, and (ii) Borrower has not permitted any tenant or occupant of any of the Properties to engage in any activity that could impose liability under the Environmental Laws on Borrower or any other owner of any of the Properties, (b) neither Borrower any other party will be involved in operations at or near any of the Properties which operations could lead to (i) the imposition of liability on Borrower, or on any subsequent or former owner of any of the Properties or (ii) the creation of a lien on any of the Properties under the Environmental Laws or under any similar laws or regulations, and (c) Borrower will not permit any tenant or occupant of any of the Properties to engage in any activity that could impose liability under the Environmental Laws on Borrower or any other owner of any of the Properties.

Representations and Warranties on Environmental Matters. As of the Closing Date, except as disclosed in the reports listed on Schedule 4.2 hereof, to Borrower's knowledge, (1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, disposed of or otherwise present at or about any Property or any property adjacent to such Property (except for cleaning and other products currently used in connection with the routine maintenance or repair of any Property in full compliance with Environmental Laws), (2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Property does not, and did not previously, violate any Environmental Laws, and (3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any liens imposed in connection with any Property concerning Hazardous Materials or Environmental Laws, nor have any written notices concerning Hazardous Materials or Environmental Laws been received from any Person in connection with any assets or activities of Borrower, the Gateway Tower Owner or the Nomura Borrower or any Property. Borrower further represents and warrants that (a) neither Borrower, the Nomura Borrower, the Gateway Tower Owner nor, to its knowledge (i) neither Borrower nor knowledge, any other party has been, is or has been involved in operations at or near any of the Properties which operations could lead to (A) the imposition of liability on Borrower, or on any subsequent or former owner of any of the Properties or (B) the creation of a lien on any of the Properties under the Environmental Laws or under any similar laws or regulations, and (ii) Borrower has not permitted any tenant or occupant of any of the Properties to engage in any activity that could impose liability under the Environmental Laws on Borrower or any other owner of any of the Properties, (b) neither Borrower any other party will be involved in operations at or near any of the Properties which operations could lead to (i) the imposition of liability on Borrower, the Gateway Tower Owner or the Nomura Borrower, or on any subsequent or former owner of any of the Properties or (ii) the creation of a lien on any of the Properties under the Environmental Laws or under any similar laws or regulations, and (cb) Borrower will not permit permit, and will not allow the Gateway Tower Owner or Nomura Borrower to permit, any tenant or occupant of any of the Properties to engage in any activity that could impose liability under the Environmental Laws on Borrower, the Gateway Tower Owner or the Nomura Borrower or any other owner of any of the Properties.

Representations and Warranties on Environmental Matters. As of the Closing Date, except as disclosed in the reports listed on Schedule 4.2 hereof, to (1) To Borrower's knowledge, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, disposed of or otherwise present at or about any Property the Project or any property adjacent to such Property the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of any Property the Project in full compliance with Environmental Laws), (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Property does Project do not, and did not previously, violate any Environmental Laws, and (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any liens imposed in connection with any Property the Project concerning Hazardous Materials or Environmental Laws, nor have any written notices concerning Hazardous Materials or Environmental Laws been received from any Person person or entity in connection with any assets or activities of Borrower including, without limitation, the Project. (2) No lien has been attached to any revenues, to the Project or to any other real or personal property owned by Borrower as a result of the Chief Executive of the New Jersey Spill Compensation Fund expending monies from said fund to pay for direct and indirect "Damages", as such term is defined in N.J.S.A. 58:11-23.11b(d) (hereinafter, "CLEANUP AND REMOVAL COSTS"), arising from an intentional or unintentional action or omission of Borrower or any Property. Borrower further represents and warrants that previous owner and/or operator of said real property, including, but not limited to, the Project, resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Materials either: (a) to its knowledge (i) neither Borrower nor any other party is or has been involved in operations at or near any into the waters of the Properties which operations could lead to (A) the imposition of liability on Borrower, or on any subsequent or former owner of any of the Properties or (B) the creation of a lien on any of the Properties under the Environmental Laws or under any similar laws or regulations, and (ii) Borrower has not permitted any tenant or occupant of any of the Properties to engage in any activity that could impose liability under the Environmental Laws on Borrower or any other owner of any of the Properties, State; (b) neither Borrower any other party will be involved in operations at or near any onto the lands of the Properties which operations could lead to (i) the imposition of liability on Borrower, State; or on any subsequent or former owner of any of the Properties or (ii) the creation of a lien on any of the Properties under the Environmental Laws or under any similar laws or regulations, and (c) Borrower will not permit any tenant or occupant of any into waters outside the jurisdiction of the Properties to engage State when damage may result in any activity that could impose liability under the Environmental Laws on Borrower lands, waters, fish, shellfish, wildlife, biota, air and other natural resources owned, managed, held in trust or any other owner of any of otherwise controlled by, and within the Propertiesjurisdiction of, the State.