Responsibility for Environmental Conditions Sample Clauses

Responsibility for Environmental Conditions. Tenant shall assure that its operations and use of the Premises is conducted in compliance with Environmental Laws; Tenant, at no cost to Landlord, shall take prompt action to correct any violations or non-compliance discovered during the Demised Term and any renewal thereof. If a release or discharge of a Hazardous Substance at or on the Premises is caused by Tenant (including any Tenant servants, agents, employees, licensees, invitees and contractors), then Tenant shall: (i) promptly give Landlord written notice of such condition; and (ii) retain a New Jersey Licensed Site Remediation Professional (“LSRP”) and under such LSRP’s direction cause such release or discharge to be remediated and otherwise brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction. Tenant shall protect, defend, indemnify and hold harmless Landlord Indemnified Parties (as defined in Section 17.01 below) from and against any damages incurred by Landlord Indemnified Parties arising out of any such violation, non-compliance, release or discharge. Tenant’s obligation to undertake and pursue to completion investigation and remediation of any release or discharge of Hazardous Substance, or non-compliance respecting the Premises, shall survive the expiration or earlier termination of the Lease. Landlord shall not be the generator and arranger with respect to any wastes, including investigations-derived wastes, generated in association with any remedial actions hereunder, including any wastes generated in connection with any Tenant-required ISRA proceeding. Tenant covenants that it shall not, at any time during the Demised Term, place, store, install upon, discharge, release or generate on, in or under the Premises any Hazardous Substances except of such types and in such quantities as is reasonable and customary for Tenant’s operations and in material compliance with all applicable laws and regulations, including Environmental Laws. Tenant shall protect, defend, indemnify and hold harmless Landlord Indemnified Parties from any and all costs (including costs of remediation), expenses (including attorneys’ fees), liabilities, losses, damages, suits, actions, fines, penalties, claims or demands of any kind arising out of or in any way connected with any breach of such covenant; Landlord shall not be liable to Tenant or any other party on account of, the Tenant or Tenant’s servants, agent’s, employees, licensees, invite...
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Responsibility for Environmental Conditions. “As Is” Condition; Indemnifications
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Responsibility for Environmental Conditions 
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Related to Responsibility for Environmental Conditions

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

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