Environmental and Industrial Hygiene Compliance. Except as disclosed in Section 3.7.2 of the Company Disclosure Schedule, (i) neither the Company nor any of the Assets has ever been or is now in any Material respect in violation of any applicable Environmental Laws or Orders; (ii) neither the Company nor any third party has prior to the date hereof ever used, generated, manufactured, stored or disposed of on, under or about the Assets or transported to or from the Assets any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials; (iii) the Company has obtained and now holds all permits, licenses and other authorizations which are required to be held by it under all applicable Environmental Laws or Orders; (iv) the Company is in compliance in all Material respects with all terms and conditions of any and all required permits, licenses and authorizations and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all applicable Environmental Laws and Orders, and any notice or demand letter issued, entered: promulgated or approved thereunder; (v) no facts, past or present events or conditions interfere with or prevent continued Material compliance by the Company with, or give rise to any Material present or potential legal, common law or statutory liability of the Company under, any applicable Environmental Law or Order; (vi) there is no pending civil or criminal litigation, notice of violation or administrative proceeding involving the Company and relating in any way to any Environmental Law or Order (including notices, demand letter or claims under RCRA, CERCLA and similar state or local laws), other than rulemaking proceedings, if any; and (vii) there has been no disposal by the Company, directly or indirectly, of any materials or wastes to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under CERCLA or any site listed or formally proposed to be listed as a major or priority cleanup site under any comparable state law. For the purpose of this Section 3.7.2. hazardous materials shall include but not be limited to substances now or at any time hereafter defined as "hazardous substances," "hazardous materials," or "toxic substances" in CERCLA, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq. or RCRA, as the same may be amended from time to time, or in the regulations adopted and publications promulgat...
Environmental and Industrial Hygiene Compliance. The Manager shall not knowingly commit to, without full disclosure to CalPERS, acquisitions of any Project (i) which is in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental condition on, under or about such properties including, but not limited to, soil and ground water condition, or (ii) with respect to which any person has used, generated, manufactured, stored or disposed of any flammable explosive, radioactive materials, hazardous wastes, toxic substances or related materials (collectively "HAZARDOUS MATERIALS") otherwise than in accordance with applicable law. For purposes hereof, Hazardous Materials shall include, but not be limited to, asbestos and all other substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 ET SEQ.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 ET SEQ.; and those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws.
Environmental and Industrial Hygiene Compliance. Except for the presence of two (2) drums located on a concrete pad situate on the Property, which appears to contain diesel fuel, Seller has no other knowledge of any toxic substances, hazardous wastes, hazardous substances, or any other pollutants or dangerous substances regulated pursuant to any applicable environmental laws including, without limitation, polychlorinated biphenyls (PCB’s), oil, petroleum products and fractions, vinyl chloride, asbestos, heavy metals, radon, underground storage tanks (whether empty, filled or partially filled with any substance, regulated or otherwise), any substance or materials the presence of which on the Property is prohibited by any environmental laws or any other substance or material which requires special handling or notification of any federal, state or local governmental entity regarding collection, storage, treatment or disposal being present on the Property. Seller further represents that, except for the two (2) drums referenced above, neither Seller nor, to Seller’s knowledge, any third party has used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property any of the aforementioned materials (the “Hazardous Materials”). For the purpose of this Section 4.1(i), Hazardous Materials shall also include but not be limited to substances defined as “hazardous substances,” “hazardous materials,” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and in the regulations adopted and publications promulgated pursuant to said laws.
Environmental and Industrial Hygiene Compliance. FCAM has not received notice, written or oral, from any governmental agency having jurisdiction, alleging the Real Property is in violation of any federal, state or local law, ordinance or regulation relating to the environmental conditions on, under or about the real Property. Except as set forth in Schedule 4.1.5, to the knowledge or Armco, FCAM has not disposed of any Hazardous Substances on, under or about the Real Property, nor does FCAM have any knowledge of any such activity by any other person. For the purposes of this Section 4.1.5, the term "Hazardous Substances" shall be as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq., and in the regulations adopted and publications promulgated pursuant to said laws.
Environmental and Industrial Hygiene Compliance. Neither the Borrower nor any Affiliate of the Borrower has received any notice from any Governmental Agency of any violation of any Environmental Law with respect to the Property. Except as disclosed in the reports heretofore delivered to Agent, to the best knowledge of Borrower, there has been no generation, manufacture, storage or disposal of Hazardous Materials on, under or about the Property. Notwithstanding the foregoing, no breach of representation or warranty shall be deemed to have occurred under this Section 4.4 solely on account of the existence of Hazardous Materials on, under or about the Property if the use and presence of such Hazardous Materials are usual and customary with respect to the use and operation of the Property by the Borrower, or any other user of the Property and such use and presence of Hazardous Materials is not a violation of any Law.
Environmental and Industrial Hygiene Compliance. Except as set forth in Schedule 6.7(b), (i) there are no Hazardous Substances located on or in or under any of the Real Property of Seller; Seller has not used any of the Real Property of Seller or any other real property to produce, generate, manufacture, treat, store, handle, transport, or dispose of any Hazardous Substances except in compliance with Environmental Laws; (ii) Seller and the Shareholders do not have Knowledge of Seller or any of its predecessors having caused or permitted the Release of any Hazardous Substances on or off-site from any of the Real Property of Seller or any other place or places where Seller conducts or has conducted the Business or in the course of transportation by Seller from or to any real property; all Hazardous Substances disposed of, treated, or stored by Seller or, to the best of Seller’s and the Shareholders’ Knowledge, any predecessors of Seller, have been disposed of, treated and stored in compliance with all Environmental Laws; Seller has not transported any Hazardous Substances outside of Canada; and (iii) to the best Knowledge of Seller, there are no underground or above-ground storage tanks or associated piping or appurtenances (active or abandoned), or urea formaldehyde foam insulation, asbestos, polychlorinated biphenyls, or radioactive substances located on or in or under the surface of any of the Real Property of Seller or other assets used thereon. For purposes of this Section, the defined terms being as follows:
Environmental and Industrial Hygiene Compliance. Mortgagor covenants, represents and warrants that to the extent it uses, generates, manufactures, stores or disposes of, on, under or about the mortgaged property ("Premises") or transports to or from the Premises any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or related materials (hereinafter "Hazardous Materials") it will do so only in full compliance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); and all other statutes and regulations governing, defining or regulating the manner and method of storage, transportation or disposition of Hazardous Materials. Mortgagor further agrees to indemnify and hold harmless the Mortgagee, its directors, assigns, officers, employees and agents, from and against any and all liability actually incurred by Mortgagee (i) including foreseeable and unforeseeable consequential damages, directly or indirectly arising out of use, generation, storage or disposition of Hazardous Materials by the Mortgagor or any operator of the Premises during Mortgagor's ownership thereof, and (ii) including, without limitation, the cost of any required or necessary remediation, repair, cleanup or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following transfer of title attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of Hazardous Materials by any person on the Premises during Mortgagor's ownership thereof, and the Mortgagor's obligations pursuant to this indemnity shall survive satisfaction or discharge of this Mortgage, and shall survive, except to the extent that the liability of the Mortgagee shall be by reason of any exercise by it of control or dominion over the Premises or the activities of the Mortgagor.
Environmental and Industrial Hygiene Compliance. Except as ----------------------------------------------- disclosed in Section 6.8.2 of the Company Disclosure Schedule, to the Company's Knowledge (i) none of the real properties it currently owns, leases or otherwise occupies has been or is now in violation of any applicable Environmental Laws or Orders; and (ii) no third party has, prior to the date hereof, used, generated, manufactured, stored or disposed of on, under or about such real properties or transported to or from such real properties, any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials. The Company has not ever used, and does not currently use, any hazardous materials in conducting its Business. For the purpose of this Section 6.8.2, hazardous materials shall include but not be limited to substances now or at any time hereafter defined as "hazardous substances," "hazardous materials," or "toxic substances" in CERCLA; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq. or RCRA, as the same may be amended from time to time, or in the regulations adopted and publications promulgated pursuant to said Laws from time to time.
Environmental and Industrial Hygiene Compliance. Neither the Company nor any of its properties is in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about such properties including, but not limited to, soil and groundwater condition. During the time in which the Company owned or occupied its properties, neither the Company nor any third party has used, generated, manufactured, stored or disposed of on, under or about such properties or transported to or from such properties any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials ("Hazardous Materials"). For the purpose of this Section 5.8.2, Hazardous Materials shall include but not be limited to substances defined as "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws.
Environmental and Industrial Hygiene Compliance. Except as disclosed in Section 7.8.2 of the Disclosure Schedule and to the best knowledge of the University and the Sisters, (a) none of the Sellers nor any of the assets used in the Business has ever been or is now in any material respect in violation of any applicable environmental laws or orders; (b) none of the Sellers nor any third party hired by it has, prior to the date hereof, ever used, generated, manufactured, treated, stored or disposed of on, under or about the premises of the University or transported to or from the premises of the University any Hazardous Materials; (c) each of the Sellers has obtained and now holds all permits, licenses and other authorizations which are required to be held by it under all applicable environmental laws and orders; (d) each of the Sellers is in compliance in all material respects with all terms and conditions of any and all required permits, licenses and authorizations and all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in or required by all applicable environmental laws and orders, and any notice or demand letter issued, entered, promulgated or approved thereunder; (e) no past or present events or conditions interfere with or prevent continued material compliance by the any Seller with, or give rise to any material present or potential legal, common law or statutory liability of any Seller under, any applicable environmental law or order; (f) there is no pending civil or criminal litigation, notice of violation or administrative proceeding involving any of the Sellers and relating in any way to any environmental law or order (including notices, demand letters or claims under the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) ("RCRA"), Safe Drinking Water Act (21 U.S.C. § 349, 42 U.S.C. § 300f-300j-26), Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), Clean Air Act (42 U.S.C. § 7401 et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.) ("CERCLA"), or any other similar federal, state or local law of similar effect, each as amended), other than rule-making proceedings, if any; and (g) there has been no direct disposal by any Seller of any materials or wastes to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under CERCLA or any sit...
