Safety and Environmental Matters. Except as set forth in Section 7.15 of the Disclosure Schedule:
(a) None of the activities carried on by the Company at any plants, offices, or properties in or on which the Company operates are in violation of any zoning, health, or safety law or regulation, including without limitation the Occupational Safety and Health Act of 1970, as amended, excluding only such violations as will not, either individually or in the aggregate, have a Material Adverse Effect on the Company.
(b) Neither the Company, nor to the best of the Company's knowledge, any operator of any real property presently or formerly owned, leased, or operated by the Company is in violation or alleged violation of any judgment, decree, order, law, license, rule or regulation pertaining to environmental matters, including without limitation the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986 ("XXXX"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and applicable federal, state, foreign, and local statutes, regulations, ordinances, orders, and decrees relating to health, safety, or the environment (all of the foregoing, collectively, "Environmental Laws"), excluding only such violations as will not, either individually or in the aggregate, have a Material Adverse Effect on the Company.
(c) The Company has not received notice from any third party, including without limitation any federal, state, foreign, or local governmental authority, that (i) the Company has been identified by the United States Environmental Protection Agency (the "EPA") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X (1986); (ii) any hazardous waste as defined by 42 U.S.C. Section 6903(5), any hazardous substance as defined by 42 U.S.C. Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. Section 9601(33) or any toxic substance, oil, or hazardous material or other chemical or substance regulated by any Environmental Laws (collectively, "Hazardous Substances") that the Company has generated, transported, handled, used, or disposed of has been found at any site at which a federal, state, foreign, or local agency or other third party has conducted or has ordered that the Company conduct a remedial investigation, rem...
Safety and Environmental Matters. (a) None of the plants, offices, or properties in or on which it or its Subsidiaries carries on business nor any of the activities carried on by it or its Subsidiaries are in violation of any zoning, health, or safety law, including the Occupational Safety and Health Act of 1970, as amended, excluding only such violations as will not, either individually or in the aggregate, have a Material Adverse Effect on it.
(b) Neither it nor its Subsidiaries, nor to the best of its knowledge, any operator of any real property presently or formerly owned, leased, or operated by it or its Subsidiaries is in violation or alleged violation of any judgment, decree, order, law, license, rule or regulation pertaining to environmental matters, including the Environmental Laws, excluding only such violations as will not, either individually or in the aggregate, have a Material Adverse Effect on it.
(c) Neither it nor any of its Subsidiaries has received notice from any third party, including any federal, state, foreign, or local governmental authority, that (i) any of them has been identified by the EPA as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X (1986); (ii) any Hazardous Substance that it or any of its Subsidiaries has generated, transported, handled, used, or disposed of has been found at any site at which a federal, state, foreign, or local agency or other third party has conducted or has ordered that it or its Subsidiaries conduct a remedial investigation, removal, or other response action pursuant to any Environmental Law; or (iii) it or any of its Subsidiaries is or will be a named party to any claim, action, cause of action, complaint (contingent or otherwise), or legal or administrative proceeding arising out of any third party's incurrence of costs, expenses, losses, or damages of any kind whatsoever in connection with the release of any Hazardous Substance.
(i) No portion of any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries has been used by it or any of its Subsidiaries, or to the best of its knowledge, by any other person, for the handling, usage, manufacturing, processing, storage, or disposal of any Hazardous Substance except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for any Hazardous Substance is located on any real prope...
Safety and Environmental Matters. Except as set forth in Schedule 4.7:
(i) Stagecoach II is not in violation of any applicable Law relating to occupational health or safety, and no Action alleging any failure by it to comply with any such Law is pending, nor is there any basis therefor Known to Stagecoach II.
(ii) Stagecoach II is in compliance, in all material respects, with applicable Environmental Laws with respect to its assets and properties.
(iii) There are no pending or, to Stagecoach II’s Knowledge, threatened Actions or outstanding orders, consent decrees or judgments against Stagecoach II under any Environmental Laws, claiming or seeking to require any environmental investigation or clean-up (or the payment of costs related thereto) or claiming any personal injury, property damage or other harm allegedly resulting from the Release of or exposure to Hazardous Substances, or arising from any activities not in compliance with any Environmental Laws, and, to Stagecoach II’s Knowledge, there are no events, conditions or circumstances that could be reasonably expected to give rise to such Actions.
(iv) Stagecoach II has not received any written or, to Stagecoach II’s Knowledge, oral order, complaint, notice or request for information alleging that it is a potentially responsible party under CERCLA or any similar state Law with respect to any Property of Stagecoach II. Stagecoach II has not received any written or, to Stagecoach II’s Knowledge, oral notice of any Governmental Authority’s allegation or investigation of any criminal violations by Stagecoach II of any Environmental Laws.
Safety and Environmental Matters. Except as set forth in Schedule 5.12:
(a) No Company is or, to either Stagecoach I’s or Stagecoach Energy’s Knowledge, has been in violation of any applicable Law relating to occupational health or safety, and no Action alleging any failure by either of them to comply with any such Law is pending or, to either Stagecoach I’s or Stagecoach Energy’s Knowledge, threatened, nor is there any basis therefor Known to Stagecoach I or Stagecoach Energy.
(b) Each Company is in compliance with applicable Environmental Laws with respect to its assets and properties, except as would not have a Project Material Adverse Effect.
(c) There are no pending or, to Stagecoach I’s or Stagecoach Energy’s Knowledge, threatened Actions or outstanding orders, consent decrees or judgments against any Company under any Environmental Laws, claiming or seeking to require any environmental investigation or clean-up (or the payment of costs related thereto) or claiming any personal injury, property damage or other harm allegedly resulting from the Release of or exposure to Hazardous Substances, or arising from any activities not in compliance with any Environmental Laws, and, to Stagecoach I’s or Stagecoach Energy’s Knowledge, there are no events, conditions or circumstances that could be reasonably expected to give rise to such Actions, except as would not have a Project Material Adverse Effect.
(d) No Company has received any written or, to Stagecoach I’s and Stagecoach Energy’s Knowledge, oral order, complaint, notice or request for information alleging that it is a potentially responsible party under CERCLA or any similar state Law with respect to any Property of either Company. No Company has received any written or, to Stagecoach I’s and Stagecoach Energy’s Knowledge, oral notice of any Governmental Authority’s allegation or investigation of any criminal violations by any Company of any Environmental Laws.
Safety and Environmental Matters. (a) Except as set forth in Sections 3.13 and 3.28 of the Disclosure Schedule:
(i) the Company and all real property owned, leased, operated or controlled by the Company currently or within the last five years is now, and at all times within the last five years has been, in material compliance with all Environmental and Safety Laws;
(ii) the Company has obtained all material permits, licenses, and authorizations required pursuant to all applicable Environmental and Safety Laws with respect to its properties and operations;
(iii) the Company has not received any notice from any third party asserting that it is or may be liable under any Environmental and Safety Laws, including without limitation in connection with any release or threatened release of any hazardous or regulated substances or wastes;
(iv) Neither the Company nor, to the knowledge of the Company, any of its predecessors or any other Person for which the Company may be obligated, has disposed of or released any hazardous or regulated substance in a manner that reasonably could be expected to result in any Person incurring liability pursuant to Environmental and Safety Laws;
(v) there is no contamination from any hazardous or regulated substance, or any other environmental defect, at, on, upon, or under the real property currently owned, leased, operated, or controlled by the Company, or to the Company's knowledge, any real property formerly owned, leased, operated, or controlled by the Company, any of its predecessors or any other Person for which the Company may be obligated, that reasonably could be expected to result in any Person incurring any cleanup costs (including, without limitation, any cost of investigation, abatement, removal, remediation, or corrective action);
(vi) to the knowledge of the Company, there currently exist no conditions, circumstances, or events that reasonably could be expected to result in the Company, either now or with the passage of time, incurring any material expenditure to comply with any Environmental and Safety Law or any permit issued pursuant thereto; and
(vii) no environmental studies, reports, assessments, sampling results, or audits with respect to real property owned, leased, operated or controlled by the Company have been conducted during the period of its tenure at or operation or control of such property or, to the Company's knowledge, during any other time.
(b) For purposes of this Agreement, "Environmental and Safety Laws" means all federal, state,...
Safety and Environmental Matters. Except as set forth in Section 5.15 of the Disclosure Schedule:
(a) None of the Company's activities, or to the Stockholders' knowledge, facilities, are in violation of any zoning, health, or safety law or regulation, including the Occupational Safety and Health Act of 1970, as amended, excluding only any violations as have not had and will not have, either individually or in the aggregate, a Material Adverse Effect on the Company.
(b) The Company is not and has not been in violation or alleged violation of any Environmental Laws, excluding only violations as, both individually or in the aggregate, have not had and could not reasonably be expected to have a Material Adverse Effect on the Company.
(c) The Company has not received notice from any third party, including any federal, state, foreign, or local governmental authority, that (i) the Company has been identified by the EPA as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X (1986); (ii) any Hazardous Substances that the Company has generated, transported, handled, used, or disposed of have been found at any site at which a federal, state, foreign, or local agency or other third party has conducted or has ordered that the Company conduct a remedial investigation, removal, or other response action pursuant to any Environmental Law; or (iii) the Company is or may be a named party to any claim, action, cause of action, complaint (contingent or otherwise), or legal or administrative proceeding arising out of any third party's incurrence of costs, expenses, losses, or damages of any kind whatsoever in connection with the release of Hazardous Substances.
(d) The Company has not handled, used, manufactured, processed, stored, or disposed of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws.
Safety and Environmental Matters. (a) Tenant shall not cause or permit any nuisance or extra hazardous condition to exist or be maintained upon the Premises and shall eliminate or remove the same promptly upon any notice thereof. Tenant shall not cause or permit the storage, production, generation, emission, disposal or burial of any hazardous or toxic materials or substances upon the Premises and shall cease and eliminate any such activities and clean up and otherwise remove any wastes or other materials resulting therefrom promptly upon the request of Landlord or any Governmental Authority. Notwithstanding the above prohibitions, however, such prohibitions as to use or storage only shall not apply (i) to any condition, material or substance usually and necessarily required
(b) On and after the Commencement Date, Landlord shall fully and promptly pay, perform, discharge, defend, indemnify and hold harmless Tenant, its parent and subsidiaries and affiliates, and their respective directors, officers and employees (and no other party) from and against any claim, demand, action or suit, loss, cost, damage, fine, penalty or expense (including reasonable attorneys' fees) resulting from any Environmental Claim arising out of any operations conducted, commitment made, product manufactured or any action taken or omitted by Landlord with respect to the Premises (including but not limited to the business operations, transactions or conduct of the business directly or indirectly related thereto) during periods prior to the Commencement Date (excluding any liabilities expressly assumed by Tenant pursuant to this Agreement); provided, however, that on and after the Commencement Date, Tenant shall fully and promptly pay, perform and discharge, defend, indemnify and hold harmless Landlord and its directors, officers and employees from and against any claim, demand, action or suit, loss, cost, damage, fine, penalty or expense (including reasonable attorneys' fees) resulting from any Environmental Claim arising out of any operations conducted, commitment made, product manufactured, aggravation of existing conditions by Tenant or any other action taken or omitted by Tenant, its parent, subsidiaries, affiliates successors and assigns, with respect to the Premises (including but not limited to business operations, transactions or conduct of the business directly or indirectly related thereto) solely during periods after the Commencement Date. To the extent Tenant may be reasonably expected to discover the pre...
Safety and Environmental Matters. (a) ZONING, HEALTH, AND SAFETY. None of the plants, offices, or properties occupied by the Company are in material violation of any zoning, health, or safety law or regulation, including without limitation the Occupational Safety and Health Act of 1970, as amended.
Safety and Environmental Matters. (a) None of the plants, offices, or properties in or on which the Company carries on business nor any of the activities carried on by it are in violation of any Law relating to health or safety, including the Occupational Safety and Health Act of 1970, as amended, or to the best of the Company's and the Stockholders' knowledge (without having undertaken any investigation with respect thereto), any Law relating to zoning.
(b) Neither the Company, nor to the best of the Company's and the Stockholders' knowledge, any operator of any real property presently or formerly owned, leased, or operated by the Company, has violated or allegedly violated, or is in violation or alleged violation, of any Laws relating to environmental matters.
Safety and Environmental Matters. Licensee shall be solely responsible for assuring the safety of its employees (as well as the public and Frontier’s employees). Licensee shall be responsible for its compliance with all requirements of laws relating to the safety of its employees including, but not limited to, all requirements of the Occupational Safety and Health Administration and U.S. Environmental Protection Agency (and their State and local counterparts). In particular, but not by way of limitation, Licensee is responsible as follows: Licensee acknowledges that most utility poles are treated with one or more chemicals or preservatives and that there are a number of potential hazards associated with working on or around utility poles including, but not limited to, rotted or defective poles, potential exposure to lead-containing products, exposure to electric lines, and falling from high places. Licensee is responsible for inspecting all poles to determine their condition, and the appropriate safety practices and equipment for its employees. Licensee is responsible for assuring that its employees receive any and all protective equipment and clothing necessary to perform the work safely, and that employees receive all appropriate safety, environmental and technical training to safely perform the job. If Licensee has any questions about the conditions at a particular pole, it must contact Frontier. Licensee acknowledges that there are many potential safety concerns associated with manhole entry, including but not limited to, concerns related to working in confined spaces, air quality, and exposure to lead cable and other lead-containing products, and safe-workplace set-up practices. Licensee is responsible for inspecting all manholes to determine the appropriate safety practices for its employees, and implementing the proper safety practices in accordance with regulatory requirements, including but not limited to required personal protective equipment, air monitoring equipment, rescue equipment and procedures, and equipment necessary to purge and ventilate. Licensee is responsible for assuring that its employees receive any and all protective equipment and clothing and that employees receive all appropriate training. If Licensee has any questions about the conditions at a particular manhole, it must contact Frontier. Licensee is responsible for complying with all laws designed to protect the environment including, but not limited to, laws relating to any type of discharge to the environme...
