Common use of Safety and Environmental Matters Clause in Contracts

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 property presently owned, leased, or operated by it or any of its Subsidiaries, or to the best of its knowledge, any real property formerly owned, leased, or operated by it or any of its Subsidiaries; (ii) in the course of the activities conducted by it or any of its Subsidiaries, and to the best of its knowledge, those of any other operators of any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries, no Hazardous Substance has been generated, stored, or used on such properties except in accordance with applicable Environmental Laws; (iii) to the best of its knowledge, there have been no releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing, or dumping) or threatened releases of any Hazardous Substance on, upon, into, or from any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries; (iv) to the best of its knowledge, there have been no releases on, upon, from, or into any real property in the vicinity of any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries that, through soil or groundwater contamination, may have come to be located on, any of the real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries; and (v) any Hazardous Substance that have been generated by it or any of its Subsidiaries, or to its knowledge, by any other person, on any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries, has been transported offsite only by carriers having an identification number issued by the EPA and treated or disposed of only by treatment or disposal facilities having, to its knowledge, valid permits as required under applicable Environmental Laws, which transporters and facilities, to its, have been and are operating in compliance with such permits and applicable Environmental Laws. (e) No real property presently owned, leased, or operated by it or any of its Subsidiaries, and to the best of its knowledge, no real property formerly owned, leased, or operated by it or any of its Subsidiaries, is subject to any Environmental Law requiring the performance of any Hazardous Substance site assessment, the removal or remediation of any Hazardous Substance, the giving of notice to any governmental agency or other person, or the recording and/or delivery to any governmental agency or other person of any environmental disclosure statement or document, by reason of, or as a condition to the effectiveness of, the Merger or the other transactions contemplated hereby.

Safety and Environmental Matters. Except as set forth on Schedule 7.16 of the ABI Disclosure Schedule: (aA) None of the activities carried on by ABI or any of its Subsidiaries at any 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 ABI operates are in violation of any zoning, health, or safety lawlaw 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 itABI or any of its Subsidiaries. (bB) Neither it ABI nor any of its Subsidiaries, nor to the best of its ABI's knowledge, any operator of any real property presently or formerly owned, leased, or operated by it ABI or any of its Subsidiaries is in violation or alleged violation of any judgment, decree, order, law, license, rule or regulation pertaining to environmental matters, including the without limitation Environmental Laws, excluding only such violations as will not, either individually or in the aggregate, have a Material Adverse Effect on itABI or any of its Subsidiaries. (cC) Neither it ABI nor any of its Subsidiaries has received notice from any third party, including without limitation any federal, state, foreign, or local governmental authority, that (i) ABI or any of them its Subsidiaries 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 Substances that it ABI 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 ABI or any of its Subsidiaries conduct a remedial investigation, removal, or other response action pursuant to any Environmental Law; or (iii) it ABI 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 SubstanceSubstances. (i) No portion of any real property presently or formerly owned, leased, or operated by it ABI or any of its Subsidiaries has been used by it ABI or any of its Subsidiaries, or to the best of its ABI's knowledge, by any other person, for the handlingto handle, usageuse, manufacturingmanufacture, processingtransport, storagestore, or disposal dispose of any Hazardous Substance Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances used by ABI or any Hazardous Substance of its Subsidiaries is located on any real property presently owned, leased, or operated by it ABI or any of its Subsidiaries, or to the best of its ABI's knowledge, any real property formerly owned, leased, or operated by it or any of its Subsidiariesit; (ii) in the course of the activities conducted by it or any of ABI and its Subsidiaries, Subsidiaries and to the best of its ABI's knowledge, without investigation, those of any other operators of any real property presently or formerly owned, leased, or operated by it or any of ABI and its Subsidiaries, no Hazardous Substance has Substances have been generated, stored, or used on such properties except in accordance with applicable Environmental Laws; (iii) to the best of its ABI's knowledge, there have been no releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing, or dumping) or threatened releases of Hazardous Substances by ABI or any Hazardous Substance of its Subsidiaries on, upon, into, or from any real property presently or formerly owned, leased, or operated by it ABI or any of its Subsidiaries; (iv) to the best of its ABI's knowledge, there have been no releases on, upon, from, or into any real property in the vicinity of any real property presently or formerly owned, leased, or operated by it ABI or any of its Subsidiaries that, through soil or groundwater contamination, may have come to be located on, any of the real property presently or formerly owned, leased, or operated by it ABI or any of its Subsidiaries; and (v) to the extent required by applicable Environmental Laws, any Hazardous Substance Substances that have been generated by it ABI or any of its Subsidiaries, or to its ABI's actual knowledge, by any other person, on any real property presently or formerly owned, leased, or operated by it ABI or any of its Subsidiaries, has have been transported offsite only by carriers having an identification number issued by the EPA and treated or disposed of only by treatment or disposal facilities having, to its ABI's actual knowledge, valid permits as required under applicable Environmental Laws, which transporters and facilities, to itsABI's actual knowledge, have been and are operating substantially in compliance with such permits and applicable Environmental Laws. (eE) No real property presently owned, leased, or operated by it ABI or any of its Subsidiaries, and to the best of its ABI's knowledge, no real property formerly owned, leased, or operated by it ABI or any of its Subsidiaries, and as a result of the present or past activities of ABI or any of its Subsidiaries, is subject to any Environmental Law requiring the performance of any Hazardous Substance Substances site assessment, the removal or remediation of any Hazardous SubstanceSubstances, the giving of notice to any governmental agency or other person, or the recording and/or delivery to any governmental agency or other person of any environmental disclosure statement or document, by reason of, or as a condition to the effectiveness of, the Merger or the and/or any other transactions transaction contemplated hereby. (F) ABI has and maintains, in full force and effect, all Environmental Permits from all governmental authorities as are required under Environmental Laws or are otherwise necessary for the conduct of the business or operation of ABI, and the ABI is in material compliance with all of the Environmental Permits.

Safety and Environmental Matters. (a) None of the plants, offices, or properties in or on which it or its Subsidiaries BUYER carries on business nor any of the activities carried on by it or its Subsidiaries are in violation of any zoning, health, or safety lawlaw or regulation, including without limitation the Occupational Safety and Health Act of 1970, as amended, excluding only except for such violations as will that would not, either individually or in the aggregate, have a Material Adverse Effect on itBUYER. (b) Neither it nor its SubsidiariesExcept as would not, nor individually or in the aggregate, have a Material Adverse Effect on BUYER, neither BUYER nor, to the best knowledge of its knowledgeBUYER, any operator of any real property presently or formerly owned, leased, or operated by it or its Subsidiaries BUYER, 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 BUYER has not received written notice from any third party, including without limitation any federal, state, foreign, or local governmental authority, that (i) any of them BUYER 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 Substances that it or any of its Subsidiaries BUYER has generated, transported, handled, used, or disposed of has been found in violation of Environmental Laws 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 BUYER conduct a remedial investigation, removal, or other response action pursuant to any Environmental Law; or (iii) it or any of its Subsidiaries BUYER 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 SubstanceSubstances. (d) Except as would not, individually or in the aggregate, have a Material Adverse Effect on BUYER, (i) No no portion of any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries BUYER has been used by it or any of its SubsidiariesBUYER, or to the best of its BUYER's knowledge, by any other person, for the handling, usage, manufacturing, processing, storage, or disposal of any Hazardous Substance Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for any Hazardous Substance Substances is located on any real property presently owned, leased, or operated by it or any of its SubsidiariesBUYER, or to the best of its BUYER's knowledge, any real property formerly owned, leased, or operated by it or any of its Subsidiariesit; (ii) in the course of the activities conducted by it or any of its Subsidiaries, BUYER and to the best of its BUYER's knowledge, those of any other operators of any real property presently or formerly owned, leased, or operated by it or any of its SubsidiariesBUYER, no Hazardous Substance has Substances have been generated, stored, or used on such properties except in accordance with applicable Environmental Laws; (iii) to the best of its BUYER's knowledge, there have been no releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing, or dumping) or threatened releases of any Hazardous Substance Substances on, upon, into, or from any real property presently or formerly owned, leased, or operated by it or any of its SubsidiariesBUYER; (iv) to the best of its BUYER's knowledge, there have been no releases on, upon, from, or into any real property in the vicinity of any real property presently or formerly owned, leased, or operated by it or any of its Subsidiaries BUYER that, through soil or groundwater contamination, may have come to be located on, any of the real property presently or formerly owned, leased, or operated by it or any of its SubsidiariesBUYER; and (v) any Hazardous Substance Substances that have been generated by it or any of its SubsidiariesBUYER, or to its BUYER's knowledge, by any other person, on any real property presently or formerly owned, leased, or operated by it or any of its SubsidiariesBUYER, has have been transported offsite only by carriers having an identification number issued by the EPA and treated or disposed of only by treatment or disposal facilities having, to its knowledge, maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities, to itsBUYER's knowledge, have been and are operating in compliance with such permits and applicable Environmental Laws. (e) No Except as would not, individually or in the aggregate, have a Material Adverse Effect on BUYER, no real property presently owned, leased, or operated by it or any of its SubsidiariesBUYER, and to the best of its BUYER's knowledge, no real property formerly owned, leased, or operated by it or any of its SubsidiariesBUYER, is or will be subject to any Environmental Law requiring the performance of any Hazardous Substance site assessment, the removal environmental cleanup responsibility law or remediation of any Hazardous Substance, the giving of notice to any governmental agency regulation or other person, environmental restrictive transfer law or the recording and/or delivery to any governmental agency or other person of any environmental disclosure statement or document, regulation by reason of, or as a condition to the effectiveness of, of the Merger or the other transactions contemplated hereby.