Storage of Hazardous Materials. Concessionaire shall comply with all applicable laws pertaining to the use, storage, transportation, and disposal of hazardous substances. Concessionaire shall protect, indemnify, defend, and hold harmless the State or any of its affiliates, successors, principals, employees, or agents against any liability, cost, or expense, including attorney’s fees and court costs, arising from illegal use, storage, transportation, or disposal of any hazardous substance, including any petroleum derivative, by Concessionaire. Where Concessionaire is found to be in breach of this provision due to the issuance of a government order directing Concessionaire to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition directly caused by Concessionaire or any person acting under Concessionaire’s direct control or authority, Concessionaire shall be responsible for all cost and expense of complying with such order, including any and all expenses imposed on or incurred by the State in connection with or in response to such government order. Notwithstanding the foregoing, in the event a government order is issued naming Concessionaire, or Concessionaire incurs any liability during or after the term of the contract in connection with contamination that preexisted the Concessionaire’s obligations and occupancy under this contract or prior contracts, or that were not directly caused by Concessionaire, the State shall be solely responsible as between Concessionaire and the State for all expenses and efforts in connection therewith, and State shall reimburse Concessionaire for all reasonable expenses actually incurred by Concessionaire therewith.
Storage of Hazardous Materials. 2.1 Will any hazardous materials be used or stored on-site? Wastes Yes _____ No _____ Chemical Products Yes _____ No _____
2.2 Attach a list of any hazardous materials to be used or stored, the quantities that will be on-site at any given time, and the location and method of storage (e.g., 55-gallon drums on concrete pad).
Storage of Hazardous Materials. Concessionaire shall comply with all applicable laws and best practices pertaining to the use, storage, transportation, and disposal of hazardous substances. Gasoline, oil and other materials considered under law or otherwise to be hazardous to public health and safety shall be stored, handled, and dispensed as required by present or future regulations and laws.
Storage of Hazardous Materials. Except as disclosed in the Environmental Report delivered to Lender prior to Closing, and except for materials customarily used or stored in connection with operation and management of properties similar to the applicable Individual Property, which materials at such Individual Property exist only in reasonable quantities and are stored, contained, transported, used, released, and disposed of reasonably and without violation of any Environmental Laws, to each Borrower’s knowledge after due inquiry, no Hazardous Materials are or were stored or otherwise located, and no underground storage tanks or surface impoundments are or were located, on any of the Properties, or to the knowledge of any Borrower after due inquiry, on adjacent parcels of real property, and no part of the property, or to any Borrower’s knowledge no part of such adjacent parcels of real property, including the groundwater located therein or thereunder, is presently contaminated by Hazardous Materials. Except as disclosed in the Environmental Reports, to the knowledge of each Borrower, none of the Properties is listed by any Governmental Authority as containing any Hazardous Materials. Without limiting the generality of the foregoing, there is not present at, on, in or under any of the Properties, PCB-containing equipment, asbestos or asbestos containing materials, underground storage tanks or surface impoundments for Hazardous Substances, lead in drinking water (except in concentrations that comply with all Environmental Laws), or lead based paint.
Storage of Hazardous Materials. Hazardous materials, as defined by the Texas Commission on Environmental Quality, shall not be stored in/on the Leased Premises, unless they are stored in accordance with the Texas Commission on Environmental Quality rules and regulations and local fire codes.
Storage of Hazardous Materials. Hazardous materials, as defined by the United States Environmental Protection Agency or Virginia Department of Environmental Quality, shall not be stored on the Leased Premises. Lessee shall be responsible for hazmat cleanup if a spill is caused by the negligence or willful misconduct of Lessee, its agents, employees, or guests.
Storage of Hazardous Materials. No material may be stored in the facility that may be hazardous to the facility or anything contained therein. This prohibition shall specifically prohibit explosives, combustible materials, chemicals, odorous or other inherently dangerous materials unless such materials are contained in a container specifically designed for such use and of a type approved by the appropriate governmental entity. All propane tanks must be turned off prior to storage.
Storage of Hazardous Materials. 2.1 Will any hazardous materials be used or stored on-site? Wastes Yes _____ No _____
Storage of Hazardous Materials. Except as set forth on Schedule 4.10(b) annexed hereto, no Hazardous Materials are or were stored or otherwise located, and no underground storage tanks or surface impoundments are or were located, on the Real Property, other than in a manner which is in compliance with all applicable Environmental Laws; and no part of such Real Property, including the groundwater located thereon, is presently contaminated by Hazardous Materials in a manner which could require investigation and/or remediation pursuant to, or otherwise result in liability under, applicable Environmental Laws.
Storage of Hazardous Materials. 2.1 Will any Hazardous Materials be used or stored on the Premises? Wastes Yes No XXX Chemical Products Yes No XXX Attach the list of any Hazardous Materials to be used or stored, the quantities that will be on site at any given time, and the location and method of storage.
