Use of Property and Facilities. (i) Mortgagor will (a) use, handle, transport or store Hazardous Materials (as hereafter defined) as defined under any Environmental Law (as hereafter defined) and (b) store or treat nonhazardous wastes (1) in a good and prudent manner in the ordinary course of business, and (2) in compliance with all applicable Environmental Laws.
(ii) Mortgagor will not conduct or allow to be conducted, in violation of any Environmental Law, any business, operations or activity on the Premises, or employ or use the Premises to generate, use, handle, manufacture, treat, store, process, transport or dispose of any Hazardous Materials, or any other substance which is prohibited, controlled or regulated under applicable law, or which poses a threat or nuisance to public safety, health or the environment or cause, or allow to be caused, a known or suspected release of Hazardous Materials, on, under or from the Premises.
(iii) Mortgagor will not do or permit any act or thing, business or operation, that poses an unreasonable risk of harm, or impairs, or may impair the value of the Premises, or any part thereof.
Use of Property and Facilities. Mortgagor represents and warrants that to the best of its knowledge, except as heretofore disclosed in writing to the Mortgagee, it has never in the past engaged in, and agrees that in the future it shall not conduct, any business, operations or activity on the Mortgaged Premises, or employ or use the personal property or facilities, to manufacture, use, generate, treat, store, transport or dispose of any hazardous substance (including, without limitation, petroleum, its derivatives or by-products, or other hydrocarbons), or any other substance which is prohibited, controlled or regulated under applicable law, or which poses a threat or nuisance to safety, health or the environment, including, without limitation, any business, operation or activity which would cause Mortgagor, its property or facilities, to be in violation of the Resource Conservation and Recovery Act of 1976, as amended by the Solid and Hazardous Waste Amendments of 1984, 42 U.S.C. SS.6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. SS.9601 et seq., the Clean Air Act of 1966, as amended, 42 U.S.C. SS.7401 et seq., or any similar state, county, regional or local statute, law, regulation, rule or ordinance, including, without limitation, any state statute providing for financial responsibility for cleanup for the release or threatened release of substances provided for thereunder. The provisions of this Section shall apply to all real and personal property, without limitation, owned or controlled by Mortgagor or its subsidiaries.
Use of Property and Facilities. Environmental and Health and Safety Laws. The Parent will, and will cause each of its Subsidiaries to, comply in all material respects with the
Use of Property and Facilities. (a) Mortgagor will (i) use, handle, transport or store Hazardous Materials as defined under any Environmental Law or (ii) store or treat nonhazardous wastes (a) in a good and prudent manner in the ordinary course of business, and (b) in compliance with all applicable Environmental Laws.
(b) Mortgagor will not conduct or allow to be conducted, in violation of any Environmental Law, any business, operations or activity on the property, or employ or use the property to generate, use, handle, manufacture, treat, store, process, transport or dispose of any Hazardous Materials, or any other substance which is prohibited, controlled or regulated under applicable law, or which poses a threat or nuisance to public safety, health or the environment or cause, or allow to be caused, a known or suspected release of Hazardous Materials, on, under or from the property.
(c) Mortgagor will not do or permit any act or thing, business or operation, that poses an unreasonable risk of harm, or impairs, or may impair, the value of the property, or any part thereof.
Use of Property and Facilities. The easement granted herein may be utilized in any lawful manner which is within the stated purposes noted herein, and all activities and purposes reasonably-related thereto; provided, however, that Xxxxxxx’s use of the easement granted herein and Xxxxxxx’s use of the Property and Improvements shall be further subject to the following:
(i) neither Party nor its Permittees shall use the rights pursuant to this Easement or the Party’s Property in a manner that unreasonably interferes with the use of the other Party’s Property or rights provided pursuant to any Applicable Agreement;
(ii) neither Party nor its Permittees shall use the rights pursuant to this Easement or Party’s Property in a manner that unreasonably interferes with the use of or damages the other Party’s Property;
(iii) neither Party nor its Permittees shall use the rights pursuant to this Easement or the Party’s Property in a manner or for a purpose which causes the other Party or any of the other Party’s Property to be in violation of, or in noncompliance with, any Governmental Requirements;
(iv) neither Party nor its Permittees shall use the rights pursuant to this Easement or easements granted to such Party herein in a manner which constitutes or produces a nuisance or disturbance to the other Party’s Property other than noises, vibrations, odors, dust, emissions and electro- magnetic interferences or disturbances and the like which are lawfully and customarily incidental to the transmission of electrical energy or other uses currently existing at the Power Station as of the date of this Agreement and as it may change hereafter in the ordinary course of its operations; and
(v) neither Party nor its Permittees shall construct Improvements or undertake any actions on the Property or alter any of the Equipment in a manner that interferes with the use or operation of the other Party’s Property without the prior written consent of that other Party.
Use of Property and Facilities. Environmental, Health and Safety Laws. The Company will, and will cause each of its Subsidiaries to, comply in all material respects with the requirements of all federal, state and local environmental and health and safety laws, rules, regulations and orders applicable to or pertaining to the Properties or business operations of the Company or any Subsidiary of the Company. Without limiting the foregoing, the Company will not, and will not permit any Person to, except in accordance with applicable law, dispose of any Hazardous Material into, onto or from any real property owned or operated by the Company or any of its Subsidiaries. The Company will, and will cause each Subsidiary to, promptly provide the Banks with copies of any notice it receives, or is required to give, with respect to any material non-compliance (or alleged non-compliance) with any such environmental, health or safety laws, rules, regulations or orders.
Use of Property and Facilities. Mortgagor will (a) use, handle, transport or store Hazardous Material as defined under any Environmental Law or (b) store or treat nonhazardous wastes (i) in a good and prudent manner in the ordinary course of business, and (ii) in compliance with all applicable SUBORDINATE TERM LOAN MORTGAGE AND FIXTURE FILING Page 14 PF ACQUISITION II, INC. Rochester, New York Environmental Laws.
Use of Property and Facilities. Environmental, Health and --------------------------------------------------------- Safety Laws. The Borrower will, and will cause each of its Subsidiaries to, ----------- comply in all material respects with all Environmental Laws applicable to or affecting the properties or business operations of the Borrower or its Subsidiaries except to the extent such noncompliance is not likely to have a Material Adverse Effect.
Use of Property and Facilities. (a) The Borrower will, and will cause each Subsidiary to, comply in all material respects with the requirements of all federal, state and local environmental and health and safety laws, rules, regulations and orders applicable to or pertaining to the Properties or business operations of the Borrower or any Subsidiary.
(b) The Borrower shall provide the Banks with copies of any material notice or other instrument of the type described in Section 5.12(b) hereof within five (5) Business Days after receiving such notice or instrument and of any non-material notice or instrument at least annually along with the financial statements required to be delivered pursuant to Section 7.6(a)(ii).
Use of Property and Facilities. Grantor represents and warrants that to the best of its knowledge, after due inquiry, except to the extent that no applicable Governmental Regulations were, are or will be violated in connection therewith: it has never in the past engaged in, and agrees that in the future it shall not conduct, any business, operations or activity on the Mortgaged Premises, or employ or use the personal property or facilities, to manufacture, use, generate, treat, store, transport or dispose of any hazardous substance (including, without limitation, petroleum, its derivatives or by-products, or other hydrocarbons), or any other substance (collectively "Hazardous Materials") which is prohibited, controlled or regulated under applicable law, or which poses a threat or nuisance to safety, health or the environment, including, without limitation, any business, operation or activity which would bring Grantor, its property or facilities, within the ambit of the Resource Conservation and Recovery Act of 1976, as amended by the Solid and Hazardous Waste Amendments of 1984, 42 U.S.C. SS.6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. SS.9601 et seq., the Clean Air Act of 1966, as amended, 42 U.S.C. SS.7401 et seq., or any similar state, county, regional or local statute, law, regulation, rule or ordinance, including, without limitation, any state statute providing for financial responsibility for cleanup for the release or threatened release of substances provided for thereunder. Grantor agrees to diligently pursue remediation of any condition which would violate or violates any Governmental Regulation or which is likely to result in the creation or imposition of liability on Grantor thereunder, and to in any event complete the remediation of each of such prior to the time that the same has a material adverse impact on the financial condition of the Grantor or materially interferes with the use and operation of the Mortgaged Premises for its intended purposes.
