Common use of Status of Environmental Liabilities Clause in Contracts

Status of Environmental Liabilities. Except as set forth on Schedule 5.11: 5.11.1 The Multiband Parties are, and at all times has been, in full compliance with, and has not been and is not in violation of or liable in any material respects under, any Environmental Law. No Multiband Party or any Multiband Affiliate has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held to be responsible received, any actual or threatened order, notice, or other communication from (i) any Governmental Body or private citizen acting in the public interest, or (ii) the current or prior owner or operator of any Multiband Facilities, of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has had an interest, or with respect to any property or Facility at or to which Hazardous Materials were generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties or any Multiband Affiliate or any other person for whose conduct they are or may be held responsible, or from which Hazardous Materials have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.2 There are no pending or, to the Knowledge of the Multiband Parties or any Multiband Affiliate, threatened claims, encumbrances, or other restrictions of any nature, resulting from any Environmental, Health, and Safety Liabilities or arising under or pursuant to any Environmental Law, with respect to or affecting any of the Multiband Facilities or any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has or had an interest. 5.11.3 No Multiband Party or any Multiband Affiliate has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held responsible, received, any citation, directive, inquiry, notice, order, summons, warning, or other communication that relates to Hazardous Activity, Hazardous Materials, or any alleged, actual, or potential violation or failure to comply with any Environmental Law, or of any alleged, actual, or potential obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which any Multiband Party or any Multiband Affiliate had an interest, or with respect to any property or facility to which Hazardous Materials generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties or any Multiband Affiliate, or any other person for whose conduct they are or may be held responsible, have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.4 Neither the Multiband Parties nor any Multiband Affiliate, or any other person for whose conduct they are or may be held responsible, has any Environmental, Health, and Safety Liabilities with respect to the Multiband Facilities or with respect to any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate, has or had an interest, or at any property geologically or hydrologically adjoining the Multiband Facilities or any such other property or assets. 5.11.5 To the Knowledge of the Multiband Parties and the Multiband Affiliates, there are no Hazardous Materials present on or in the environment at the Multiband Facilities or at any geologically or hydrologically adjoining property, including any Hazardous Materials contained in barrels, above or underground storage tanks, landfills, land deposits, dumps, equipment (whether moveable or fixed) or other containers, either temporary or permanent, and deposited or located in land, water, sumps, or any other part of the Multiband Facilities or such adjoining property, or incorporated into any structure therein or thereon. None of Multiband or a Multiband Affiliate and any other person for whose conduct they are or may be held responsible, or any other person, has permitted or conducted, or is aware of, any Hazardous Activity conducted with respect to the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has or had an interest. 5.11.6 There has been no release or, to the Knowledge of the Multiband Parties or a Multiband Affiliate, threat of release, of any Hazardous Materials at or from the Multiband Facilities or at any other locations where any Hazardous Materials were generated, manufactured, refined, transferred, produced, imported, used, or processed from or by the Multiband Facilities, or from or by any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has or had an interest, or any geologically or hydrologically adjoining property, whether by the Multiband Parties or any Multiband Affiliate or any other person.

Status of Environmental Liabilities. Except as set forth on Schedule 5.11:, 5.11.1 The Multiband Parties are, and at all times has been, in full compliance with, and has not been and is not in violation of or liable in any material respects under, any Environmental Law. No Multiband Party or any Multiband Affiliate has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held to be responsible received, any actual or threatened order, notice, or other communication from (ia) any Governmental Body or private citizen acting in the public interest, or (iib) the current or prior owner or operator of any Multiband Facilities, of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has had an interest, or with respect to any property or Facility at or to which Hazardous Materials were generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties or any Multiband Affiliate or any other person for whose conduct they are or may be held responsible, or from which Hazardous Materials have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.2 There are no pending or, to the Knowledge of the Multiband Parties or any Multiband Affiliate, threatened claims, encumbrances, or other restrictions of any nature, resulting from any Environmental, Health, and Safety Liabilities or arising under or pursuant to any Environmental Law, with respect to or affecting any of the Multiband Facilities or any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has or had an interest. 5.11.3 No Multiband Party or any Multiband Affiliate has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held responsible, received, any citation, directive, inquiry, notice, order, summons, warning, or other communication that relates to Hazardous Activity, Hazardous Materials, or any alleged, actual, or potential violation or failure to comply with any Environmental Law, or of any alleged, actual, or potential obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which any Multiband Party or any Multiband Affiliate had an interest, or with respect to any property or facility to which Hazardous Materials generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties or any Multiband Affiliate, or any other person for whose conduct they are or may be held responsible, have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.4 Neither the Multiband Parties nor any Multiband Affiliate, or any other person for whose conduct they are or may be held responsible, has any Environmental, Health, and Safety Liabilities with respect to the Multiband Facilities or with respect to any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate, has or had an interest, or at any property geologically or hydrologically adjoining the Multiband Facilities or any such other property or assets. 5.11.5 To the Knowledge of the Multiband Parties and the Multiband Affiliates, there are no Hazardous Materials present on or in the environment at the Multiband Facilities or at any geologically or hydrologically adjoining property, including any Hazardous Materials contained in barrels, above or underground storage tanks, landfills, land deposits, dumps, equipment (whether moveable or fixed) or other containers, either temporary or permanent, and deposited or located in land, water, sumps, or any other part of the Multiband Facilities or such adjoining property, or incorporated into any structure therein or thereon. None of Multiband or a Multiband Affiliate and any other person for whose conduct they are or may be held responsible, or any other person, has permitted or conducted, or is aware of, any Hazardous Activity conducted with respect to the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has or had an interest. 5.11.6 There has been no release or, to the Knowledge of the Multiband Parties or a Multiband Affiliate, threat of release, of any Hazardous Materials at or from the Multiband Facilities or at any other locations where any Hazardous Materials were generated, manufactured, refined, transferred, produced, imported, used, or processed from or by the Multiband Facilities, or from or by any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties or any Multiband Affiliate has or had an interest, or any geologically or hydrologically adjoining property, whether by the Multiband Parties or any Multiband Affiliate or any other person. 5.11.7 The Multiband Parties have delivered to DTHC and MMT true and complete copies and results of any reports, studies, analyses, tests, or monitoring possessed or initiated by the Multiband Parties, or a Multiband Affiliate pertaining to Hazardous Materials or Hazardous Activities in, on, or under the Multiband Facilities, or concerning compliance by the Multiband Parties or any Multiband Affiliate or any other person for whose conduct they are or may be held responsible, with Environmental Laws.

Status of Environmental Liabilities. Except as set forth on Schedule 5.11:4.11, 5.11.1 The Multiband Parties are4.11.1 MMT is, and at all times has been, in full compliance with, and has not been and is not in violation of or liable in any material respects under, any Environmental Law. No Multiband Party or Neither MMT nor any Multiband Affiliate of the MMT Affiliates has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held to be responsible received, any actual or threatened order, notice, or other communication from (ia) any Governmental Body or private citizen acting in the public interest, or (iib) the current or prior owner or operator of any Multiband Facilitiesfacilities, of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband MMT Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties MMT or any Multiband Affiliate of the MMT Affiliates has had an interest, or with respect to any property or Facility facility at or to which Hazardous Materials were generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties MMT or any Multiband Affiliate of thee MMT Affiliates or any other person for whose conduct they are or may be held responsible, or from which Hazardous Materials have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.2 4.11.2 There are no pending or, to the Knowledge of the Multiband Parties any of MMT or any Multiband Affiliateof the MMT Affiliates, threatened claims, encumbrances, or other restrictions of any nature, resulting from any Environmental, Health, and Safety Liabilities or arising under or pursuant to any Environmental Law, with respect to or affecting any of the Multiband MMT Facilities or any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties MMT or any Multiband Affiliate of the MMT Affiliates has or had an interest. 5.11.3 No Multiband Party or 4.11.3 Neither MMT nor any Multiband Affiliate of the MMT Affiliates has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held responsible, received, any citation, directive, inquiry, notice, order, summons, warning, or other communication that relates to any Hazardous Activity, Hazardous Materials, or any alleged, actual, or potential violation or failure to comply with any Environmental Law, or of any alleged, actual, or potential obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband MMT Facilities or any other properties or assets (whether real, personal, or mixed) in which any Multiband Party MMT or any Multiband Affiliate of the MMT Affiliates had an interest, or with respect to any property or facility to which Hazardous Materials generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties MMT or any Multiband Affiliateof the MMT Affiliates, or any other person for whose conduct they are or may be held responsible, have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.4 4.11.4 Neither the Multiband Parties MMT nor any Multiband Affiliateof the MMT Affiliates, or any other person for whose conduct they are or may be held responsible, has any Environmental, Health, and Safety Liabilities with respect to the Multiband MMT Facilities or with respect to any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties MMT or any Multiband Affiliateof the MMT Affiliates, has or had an interest, or at any property geologically or hydrologically adjoining the Multiband MMT Facilities or any such other property or assets. 5.11.5 4.11.5 To the Knowledge of the Multiband Parties MMT and the Multiband MMT Affiliates, there are no Hazardous Materials present on or in the environment at the Multiband MMT Facilities or at any geologically or hydrologically adjoining property, including any Hazardous Materials contained in barrels, above or underground storage tanks, landfills, land deposits, dumps, equipment (whether moveable or fixed) or other containers, either temporary or permanent, and deposited or located in land, water, sumps, or any other part of the Multiband MMT Facilities or such adjoining property, or incorporated into any structure therein or thereon. None of Multiband MMT or a Multiband Affiliate any of the MMT Affiliates and any other person for whose conduct they are or may be held responsible, or any other person, has permitted or conducted, or is aware of, any Hazardous Activity conducted with respect to the Multiband MMT Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties MMT or any Multiband Affiliate of the MMT Affiliates has or had an interest. 5.11.6 4.11.6 There has been no release or, to the Knowledge of any of MMT or any of the Multiband Parties or a Multiband AffiliateMMT Affiliates, threat of release, of any Hazardous Materials at or from the Multiband MMT Facilities or at any other locations where any Hazardous Materials were generated, manufactured, refined, transferred, produced, imported, used, or processed from or by the Multiband MMT Facilities, or from or by any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties MMT or any Multiband Affiliate of the MMT Affiliates has or had an interest, or any geologically or hydrologically adjoining property, whether by MMT any of the Multiband Parties or any Multiband Affiliate MMT Affiliates or any other person. 4.11.7 MMT has delivered to Multiband true and complete copies and results of any reports, studies, analyses, tests, or monitoring possessed or initiated by MMT or any of the MMT Affiliates pertaining to Hazardous Materials or Hazardous Activities in, on, or under the MMT Facilities, or concerning compliance by MMT or any of the MMT Affiliates or any other person for whose conduct they are or may be held responsible, with Environmental Laws.

Status of Environmental Liabilities. Except as set forth on Schedule 5.114.11: 5.11.1 The Multiband Parties are4.11.1 MDUC is, and at all times has been, in full compliance with, and has not been and is not in violation of or liable in any material respects under, any Environmental Law. No Multiband Party or Neither MDUC nor any Multiband Affiliate of the MDUC Affiliates has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held to be responsible received, any actual or threatened order, notice, or other communication from (i) any Governmental Body or private citizen acting in the public interest, or (ii) the current or prior owner or operator of any Multiband Facilitiesfacilities, of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband MDUC Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties MDUC or any Multiband Affiliate of the MDUC Affiliates has had an interest, or with respect to any property or Facility facility at or to which Hazardous Materials were generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties MDUC or any Multiband Affiliate of the MDUC Affiliates or any other person for whose conduct they are or may be held responsible, or from which Hazardous Materials have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.2 4.11.2 There are no pending or, to the Knowledge of the Multiband Parties any of MDUC or any Multiband Affiliateof the MDUC Affiliates, threatened claims, encumbrances, or other restrictions of any nature, resulting from any Environmental, Health, and Safety Liabilities or arising under or pursuant to any Environmental Law, with respect to or affecting any of the Multiband MDUC Facilities or any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties MDUC or any Multiband Affiliate of the MDUC Affiliates has or had an interest. 5.11.3 No Multiband Party or 4.11.3 Neither MDUC nor any Multiband Affiliate of the MDUC Affiliates has any basis to expect, nor has any of them or any other person for whose conduct they are or may be held responsible, received, any citation, directive, inquiry, notice, order, summons, warning, or other communication that relates to any Hazardous Activity, Hazardous Materials, or any alleged, actual, or potential violation or failure to comply with any Environmental Law, or of any alleged, actual, or potential obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband MDUC Facilities or any other properties or assets (whether real, personal, or mixed) in which any Multiband Party MDUC or any Multiband Affiliate of the MDUC Affiliates had an interest, or with respect to any property or facility to which Hazardous Materials generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties MDUC or any Multiband Affiliateof the MDUC Affiliates, or any other person for whose conduct they are or may be held responsible, have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.4 4.11.4 Neither the Multiband Parties MDUC nor any Multiband Affiliateof the MDUC Affiliates, or any other person for whose conduct they are or may be held responsible, has any Environmental, Health, and Safety Liabilities with respect to the Multiband MDUC Facilities or with respect to any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties MDUC or any Multiband Affiliateof the MDUC Affiliates, has or had an interest, or at any property geologically or hydrologically adjoining the Multiband MDUC Facilities or any such other property or assets. 5.11.5 4.11.5 To the Knowledge of the Multiband Parties MDUC and the Multiband MDUC Affiliates, there are no Hazardous Materials present on or in the environment at the Multiband MDUC Facilities or at any geologically or hydrologically adjoining property, including any Hazardous Materials contained in barrels, above or underground storage tanks, landfills, land deposits, dumps, equipment (whether moveable or fixed) or other containers, either temporary or permanent, and deposited or located in land, water, sumps, or any other part of the Multiband MDUC Facilities or such adjoining property, or incorporated into any structure therein or thereon. None of Multiband MDUC or a Multiband Affiliate any of the MDUC Affiliates and any other person for whose conduct they are or may be held responsible, or any other person, has permitted or conducted, or is aware of, any Hazardous Activity conducted with respect to the Multiband MDUC Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties MDUC or any Multiband Affiliate of the MDUC Affiliates has or had an interest. 5.11.6 4.11.6 There has been no release or, to the Knowledge of any of MDUC or any of the Multiband Parties or a Multiband AffiliateMDUC Affiliates, threat of release, of any Hazardous Materials at or from the Multiband MDUC Facilities or at any other locations where any Hazardous Materials were generated, manufactured, refined, transferred, produced, imported, used, or processed from or by the Multiband MDUC Facilities, or from or by any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties MDUC or any Multiband Affiliate of the MDUC Affiliates has or had an interest, or any geologically or hydrologically adjoining property, whether by MDUC any of the Multiband Parties or any Multiband Affiliate MDUC Affiliates or any other person. 4.11.7 MDUC has delivered to Multiband, if any, true and complete copies and results of any reports, studies, analyses, tests, or monitoring possessed or initiated by MDUC or any of the MDUC Affiliates pertaining to Hazardous Materials or Hazardous Activities in, on, or under the MDUC Facilities, or concerning compliance by MDUC or any of the MDUC Affiliates or any other person for whose conduct they are or may be held responsible, with Environmental Laws.

Status of Environmental Liabilities. Except as set forth on Schedule 5.11:, 5.11.1 The Multiband Parties Affiliates are, and at all times has been, in full compliance with, and has not been and is not in violation of or liable in any material respects under, any Environmental Law. No Multiband Party or any Multiband Affiliate has any basis to expect, nor has any of them or any other person Person for whose conduct they are or may be held to be responsible received, any actual or threatened order, notice, or other communication from (ia) any Governmental Body or private citizen acting in the public interest, or (iib) the current or prior owner or operator of any Multiband Facilities, of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties Affiliates or any Multiband Affiliate has had an interest, or with respect to any property or Facility at or to which Hazardous Materials were generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties Affiliates or any Multiband Affiliate or any other person Person for whose conduct they are or may be held responsible, or from which Hazardous Materials have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.2 There are no pending or, to the Knowledge of the Multiband Parties Affiliates or any Multiband Affiliate, threatened claims, encumbrances, or other restrictions of any nature, resulting from any Environmental, Health, and Safety Liabilities or arising under or pursuant to any Environmental Law, with respect to or affecting any of the Multiband Facilities or any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties Affiliates or any Multiband Affiliate has or had an interest. 5.11.3 No Multiband Party or any Multiband Affiliate has any basis to expect, nor has any of them or any other person Person for whose conduct they are or may be held responsible, received, any citation, directive, inquiry, notice, order, summons, warning, or other communication that relates to Hazardous Activity, Hazardous Materials, or any alleged, actual, or potential violation or failure to comply with any Environmental Law, or of any alleged, actual, or potential obligation to undertake or bear the cost of any Environmental, Health, and Safety Liabilities with respect to any of the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which any Multiband Party or any Multiband Affiliate had an interest, or with respect to any property or facility to which Hazardous Materials generated, manufactured, refined, transferred, imported, used, or processed by the Multiband Parties Affiliates or any Multiband Affiliate, or any other person Person for whose conduct they are or may be held responsible, have been transported, treated, stored, handled, transferred, disposed, recycled, or received. 5.11.4 Neither the Multiband Parties Affiliates nor any Multiband Affiliate, or any other person Person for whose conduct they are or may be held responsible, has any Environmental, Health, and Safety Liabilities with respect to the Multiband Facilities or with respect to any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties Affiliates or any Multiband Affiliate, has or had an interest, or at any property geologically or hydrologically adjoining the Multiband Facilities or any such other property or assets. 5.11.5 To the Knowledge of the Multiband Parties Affiliates and the Multiband Affiliates, there are no Hazardous Materials present on or in the environment at the Multiband Facilities or at any geologically or hydrologically adjoining property, including any Hazardous Materials contained in barrels, above or underground storage tanks, landfills, land deposits, dumps, equipment (whether moveable or fixed) or other containers, either temporary or permanent, and deposited or located in land, water, sumps, or any other part of the Multiband Facilities or such adjoining property, or incorporated into any structure therein or thereon. None of Multiband or a Multiband Affiliate and any other person Person for whose conduct they are or may be held responsible, or any other personPerson, has permitted or conducted, or is aware of, any Hazardous Activity conducted with respect to the Multiband Facilities or any other properties or assets (whether real, personal, or mixed) in which the Multiband Parties Affiliates or any Multiband Affiliate has or had an interest. 5.11.6 There has been no release or, to the Knowledge of the Multiband Parties Affiliates or a Multiband Affiliate, threat of release, of any Hazardous Materials at or from the Multiband Facilities or at any other locations where any Hazardous Materials were generated, manufactured, refined, transferred, produced, imported, used, or processed from or by the Multiband Facilities, or from or by any other properties and assets (whether real, personal, or mixed) in which the Multiband Parties Affiliates or any Multiband Affiliate has or had an interest, or any geologically or hydrologically adjoining property, whether by the Multiband Parties Affiliates or any Multiband Affiliate or any other personPerson. 5.11.7 The Multiband Affiliates have delivered to DTHC true and complete copies and results of any reports, studies, analyses, tests, or monitoring possessed or initiated by the Multiband Affiliates, or a Multiband Affiliate pertaining to Hazardous Materials or Hazardous Activities in, on, or under the Multiband Facilities, or concerning compliance by the Multiband Affiliates or any Multiband Affiliate or any other Person for whose conduct they are or may be held responsible, with Environmental Laws.