Common use of Underground Storage Tanks Clause in Contracts

Underground Storage Tanks. To Sellers' knowledge, (i) except as set forth on Schedule 5.24, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except as set forth on Schedule 5.24, the Company has never owned or leased any real property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.24, Sellers have provided to Buyer, on Schedule 5.24: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company currently owns or leases the property on which the UST is located (and if the Company does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership; (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge, the Company has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.24.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no ------------------------- underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company Corporation has never owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerUnited, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellersthe Corporation's, or the Shareholders' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, to the knowledge of the Corporation or any Shareholder, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or other Environmental Laws (“USTs”) are currently or have been located on any of the Company's property and (ii) except Real Property. Except as set forth on Schedule 5.243.26, to the knowledge of the Corporation or any Shareholder, the Company Corporation has never not owned or leased any real property not included in the Facility Properties having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280USTs. As to each such underground storage tank ("UST") UST identified on Schedule 5.243.26, Sellers have the Corporation has provided to Buyer, WCI on Schedule 5.24:3.26, the following: STOCK PURCHASE AGREEMENT HLE (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each the UST; (d) a copy of each notice to or from a governmental body or agency relating to the each UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' knowledge, which the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, spills (including spills in connection with delivery of materials to the UST), releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws that apply to the time period during which the actions occurred regarding the installation, use, testing, monitoring, operation and closure of any each UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company Corporation has never not owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerWCI, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellersthe Corporation's or the Shareholders' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge, the Company has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.24.,

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.24------------------------- 3.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company Corporation has never owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerUnited, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' the Corporation's, or the Shareholders's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Facility Property. Except as set forth on Schedule 5.243.26, none of the Company has never Corporations, CRC or FBLP have owned or leased any real property not included in the Facility Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers the Corporations have provided to BuyerWCI, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether any of the Company Corporations, CRC or FBLP currently owns or leases the property on which the UST is located (and if none of the Company does not Corporations, CRC or FBLP currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' the Corporations', or the Shareholder's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company has Corporations, CRC and FBLP have complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any each UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no ------------------------- underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company no Corporation has never ever owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have each Corporation has provided to BuyerUnited, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellersthe Corporations', or the Shareholders' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.243.26, to Sellers' knowledge, the Company each Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.24the Environmental Schedule, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or any other Environmental Laws are currently or have been located on any of the Company's property and (ii) except Leased Premises. Except as set forth on Schedule 5.24the Environmental Schedule, the Company Seller has never owned or leased any real property not included in the Leased Premises having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank identified on the Environmental Schedule (each a "UST") identified ), Seller has set forth on Schedule 5.24, Sellers have provided to Buyer, on Schedule 5.24the Environmental Schedule: (aA) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Seller currently owns or leases the property on which the UST is located (and if the Company Seller does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (bB) the date of installation and specific use or uses of the UST; (cC) copies of tank and piping tightness tests and cathodic protection tests ans or similar studies or reports for each UST; (dD) a copy of each notice to or from a governmental body or agency relating to the each UST; (eE) other material the records with regard to the UST, including, including without limitation, limitation repair records, financial assurance compliance records and records of ownership;; and (fF) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' Seller's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases Environmental Releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24the Environmental Schedule, to Sellers' knowledge, the Company Seller has complied with all Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.24each UST.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company no Corporation has never ever owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerWCI, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellersthe Corporation's, or the Shareholders' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no ------------------------- underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company Corporation has never owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerUnited, on Schedule 5.243.26: (a) 1. the location of the USTUST if known, information and material, including any available drawings and photographs, showing the locationlocation if available, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) 1. the date of installation and specific use or uses of the USTUST if known; (c) 1. copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each USTUST if available; (d) 1. a copy of each notice to or from a governmental body or agency relating to the UST; (e) 1. other material records records, if any, with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) 1. to the extent known and not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' the Corporation's or the Shareholders's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Property. Except as set forth on Schedule 5.243.26, the Company no Seller has never ever owned or leased any real property not included in the Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have each Seller has provided to Buyer, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company any Seller currently owns or leases the property on which the UST is located (and if the Company Seller does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' each Seller's, or Shareholder's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.243.26, to Sellers' knowledge, the Company each Seller has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any each UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or other Environmental Laws have been put on or under any Corporate Property by the Corporations or the Shareholders or, to the knowledge of the Corporations or the Shareholders, any other party, and are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, none of the Company Corporations has never owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280280 or other Environmental Laws that were put on or under any such real property by the Corporations or the Shareholders, or, to the knowledge of the Corporations or the Shareholders, any other party and are currently on such real property. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have each of the Corporations has provided to BuyerWCI, on Schedule 5.243.26: (a) the The location of the UST, information and material, including any available drawings and photographs, showing the location, and whether any of the Company Corporations currently owns or leases the property on which the UST is located (and if one of the Company Corporations does not currently own or lease such propertyproperty but did own or lease such property at some time, the dates on which it did and the current owner or lessee of such property); (b) the The date of installation and specific use or uses of the UST; (c) copies Copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a A copy of each notice to or from a governmental body or agency relating to the UST; (e) other Other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to To the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellersany of the Corporations' or the Shareholders' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.243.26, to Sellers' knowledge, each of the Company Corporations has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any each UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company Corporation has never not owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerWCI, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellersthe Corporation's, or the Shareholders' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any each UST described on Schedule 5.243.26.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on in Schedule 5.243.26, no ------------------------- underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. 280 or Environmental Laws Hazardous Material are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on in Schedule 5.243.26, the Company BNR Group has never owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280Hazardous Material. As to each such underground storage tank ("UST") identified on in Schedule 5.243.26, Sellers have the BNR Group has provided to BuyerUnited, on in Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company BNR Group currently owns or leases the property on which the UST is located (and if the Company BNR Group does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' the BNR Group's, or a Shareholder's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on in Schedule 5.24, to Sellers' knowledge3.26, the Company BNR Group has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described in Schedule 3.26. With respect to real property leased by the BNR Group, the representations and warranties continued in this Section 3.26 as they pertain to Environmental Laws are based on Schedule 5.24the knowledge of the BNR Group and the Shareholders.

Underground Storage Tanks. To Sellers' knowledge, (i) except Except as set forth on Schedule 5.243.26, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. CFR 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except Corporate Property. Except as set forth on Schedule 5.243.26, the Company Corporation has never owned or leased any real property not included in the Corporate Property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.243.26, Sellers have the Corporation has provided to BuyerWCI, on Schedule 5.243.26: (a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company Corporation currently owns or leases the property on which the UST is located (and if the Company Corporation does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property); (b) the date of installation and specific use or uses of the UST; (c) copies of tank and piping tightness tests and cathodic protection tests ans and similar studies or reports for each UST; (d) a copy of each notice to or from a governmental body or agency relating to the UST; (e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;; and (f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' the Corporation's, or the Shareholder's knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and (g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge3.26, the Company Corporation has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any each UST described on Schedule 5.243.26.