Environmental Certifications Sample Clauses

Environmental Certifications. Landlord and Tenant have been provided the certification of an environmental engineer, Altus Environmental Consulting, Inc., dated October 2005, that the Demised Premises and Property are safe for human occupancy as of the Commencement Date. Upon expiration or earlier termination of this Lease, Tenant, at its cost, shall have the tests and investigations indicated on Exhibit H performed and must provide to Landlord, a similar certification by a licensed environmental engineer, noting any qualifications to such certification. If Tenant does not timely perform such investigation and provide such certification, Landlord may, at Tenant’s cost, perform such investigation and obtain the opinion of a licensed environmental engineer regarding whether the Demised Premises and Property are safe for human occupancy, including the identification of any conditions which should be remedied to make it safe for human occupancy. If the investigation or certification indicates Environmental Damages or adverse environmental condition (excluding Hazardous Material migrating onto the Property from off-site or caused by Landlord, its agents, employees or contractors) not indicated by same as of the October 2005 investigation and certification, then Tenant shall promptly take any remedial actions necessary to remedy the Environmental Damages or environmental condition so identified.

Environmental Certifications. Borrower hereby warrants that the Property does not contain: (a) any asbestos in any form (other than as disclosed in the existing environmental report previously delivered to Lender), (b) urea formaldehyde foam insulation, (c) mold (other than as described in the environmental report previously delivered to Lender), mildew, or other biological organisms, (d) transformers or other equipment containing polychlorinated biphenyls (PCBs) in amounts that exceed acceptable standard levels, (e) underground storage tanks, nor (f) any other materials or substances that are regulated or prohibited by Federal, State or local laws, or that are known to pose a hazard to the environment or to human health. Borrower also certifies, or shall furnish evidence satisfactory to Lender, that the Property and operations at the Property are in compliance with all applicable Federal, State, and local statutes, laws, and regulations. Borrower further certifies that no notices claiming a violation of regulations or statutes, nor notices requiring compliance with regulations or statutes, nor notices demanding payment or contribution for injury to the environment or human health have been served on Borrower, or, to the best or Borrower’s knowledge, on any former owner/operator of the Property, by any government agency, individual, or other entity. Borrower agrees to forward a copy of any such notices received after settlement to Lender within three (3) days of their receipt. Borrower further certifies that any hazardous or potentially hazardous materials used in the operation of the Property or generated as a product or by-product are now and will continue to be stored, used, and maintained in accordance with applicable Federal, State, and local laws and regulations, and that all hazardous wastes will be disposed of by duly licensed contractors in accordance with all governing regulations. In the sole and absolute discretion of Lender, Borrower may be required to submit a report, satisfactory to Lender, prepared by a consultant acceptable to Lender, certifying that Borrower has complied and is complying with this clause. Lender further reserves the right to require systematic and periodic monitoring of the property throughout the term of the loan. Borrower and each of the Guarantors shall indemnify and hold harmless Lender from and against any and all damages, penalties, fines, claims, suits, liabilities, costs, judgments and expenses (including attorneys’, consultant’s or expert’s f...

Environmental Certifications. Include in each compliance certificate delivered with the financial statements referred to in Sections 9.7, 9.8 and 9.9, a representation that, to the best knowledge of the office executing such certificates, each Borrower is in compliance in all material respects with all federal, state and local Environmental Laws. To the extent any Borrower is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Borrower will implement in order to achieve full compliance.

Environmental Certifications. Borrower certifies and shall certify at Closing, or shall furnish evidence satisfactory to Lender, that the Property and operations at the Property are in compliance with all applicable Federal, State, and local statutes, laws, and regulations. Borrower further certifies that no notices claiming a violation of regulations or statutes, nor notices requiring compliance with regulations or statutes, nor notices demanding payment or contribution for injury to the environment or human health have been served on Borrower, or, to the best or Borrower’s knowledge, on any former owner/operator of the Property, by any government agency, individual, or other entity, except as disclosed in writing to Lender during the Due Diligence Period under the Asset Purchase Agreement. Borrower agrees to forward a copy of any such notices received after settlement to Lender within three (3) days of their receipt.

Environmental Certifications