Environmental Compliance and Indemnity. (a) Borrower will not release (or permit the release of) any hazardous substance on the Property in material contravention of Applicable Environmental Laws. The terms “hazardous substances” and “release” will have the meanings defined in Section 4.09 hereof. In addition, Borrower will observe and comply with all Applicable Environmental Laws, in all material respects, including without limitation the removal from or under the Property constituting immovable property of any material amount of hazardous substances or solid wastes (as defined elsewhere in this Agreement). Borrower will give notice to the Lenders as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citations, or other notices from any Governmental Authority relating to any environmental condition relating to its properties or elsewhere for which it may have legal responsibility, with a full description thereof; Borrower agrees to take any and all reasonable steps and to perform any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest is made in good faith, and appropriate reserves are established for the payment for the cost of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or its affiliated tenant intends to utilize in connection with routine business operational activities at the Property, commercial products generally available to the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Laws. The Lenders acknowledge such intended use and agree that such use shall not constitute a breach of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable Environmental Laws.
Environmental Compliance and Indemnity. (a) The Borrower shall, and shall cause each of its Subsidiaries to, comply in all material respects with all Environmental Laws, including, without limitation, all Environmental Laws in jurisdictions in which any portion of the Network is located or in which the Borrower or any of its Subsidiaries owns or operates a facility or site, arranges for disposal or treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any Hazardous Materials, solid wastes or other wastes or holds any interest in real property or otherwise. Neither the Borrower nor any of its Subsidiaries shall cause or allow the Release of Hazardous Materials, solid waste or other wastes on, under or to any real property in which the Borrower or such Subsidiary holds any interest or performs any of its operations, in material violation of any Environmental Law. The Borrower shall notify the Bank promptly after its receipt of notice thereof, of any Environmental Claim which the Borrower receives involving any potential or actual material liability of the Borrower or any of its Subsidiaries arising in connection with any noncompliance with or violation of the requirements of any Environmental Law or a material Release or threatened Release of any Hazardous Materials, solid waste or other waste into the environment. The Borrower shall promptly notify the Bank (i) of any material Release of Hazardous Material on, under or from the real property in which the Borrower or any of its Subsidiaries holds or has held an interest, upon the Borrower's learning thereof by receipt of notice that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of such Release or that the Borrower or such Subsidiary has been identified as potentially responsible for, or is subject to investigation by any Governmental Authority relating to, such Release, and (ii) of the commencement or threat of any judicial or administrative proceeding alleging a violation of any Environmental Laws.
Environmental Compliance and Indemnity. The Company shall, and shall cause each of its Subsidiaries to, carry on its Business, and maintain its Property (in the case of non-owned real property, to the extent within its control) in accordance with Environmental Laws and promptly remedy any compliance issues. If there is any Release of Contaminants in connection with the Business or Property of the Company or any of its Subsidiaries, the Company shall indemnify and save harmless the Holders and the Security Agent, their directors, officers, employees and agents for any and all losses, damages, fines, costs and other amounts (including amounts spent preparing any necessary environmental assessment or other reports, or defending any lawsuits) that result from such Release. Upon the request of the Majority Holders or the Security Agent, the Company will defend any lawsuits, investigations or prosecutions brought against the Holders and/or the Security Agent or any of their/its directors, officers, employees and agents in connection with any Release (except to the extent such liabilities (i) are incurred solely following enforcement by the Holders and/or the Security Agent or following the Holders and/or the Security Agent having become the successor-in-interest to the Company or any of its Subsidiaries and (ii) are attributable solely to the gross negligence or willful misconduct of the indemnitee). The Company's obligation under this Section 8.4 shall continue even after all Obligations have been repaid in full and the Notes have been cancelled The Company shall provide to the Security Agent (who shall promptly provide to each Holder) such information and reports relating to environmental matters as the Security Agent (in its discretion except if instructed by the Majority Holders) may reasonably request from time to time and that the Company has access to or can readily and reasonably gain access to.
Environmental Compliance and Indemnity. (a) The Borrowers shall, and shall cause their Subsidiaries to, comply in all material respects with all Environmental Laws, including, without limitation, all Environmental Laws in jurisdictions in which either Borrower or any of their Subsidiaries owns, maintains, operates or manages a Tower, facility or site, arranges for disposal or treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any Hazardous Materials, solid wastes or other wastes or holds any interest in real property or otherwise. The Borrowers shall not, and shall not permit any of their Subsidiaries to, cause or allow the Release of Hazardous Materials, solid waste or other wastes on, under or to any real property in which such Borrower or Subsidiary holds any interest or performs any of its operations, in material violation of any Environmental Law. The Borrowers shall promptly notify the Administrative Agent and the Banks (i) of any material Release of a Hazardous Material on, under or from the real property in which either Borrower or any of their Subsidiaries holds or has held an interest, upon either Borrower's learning thereof by receipt of notice that such Borrower or Subsidiary is or may be liable to any Person as a result of such Release or that such Borrower or Subsidiary has been identified as potentially responsible for, or is subject to investigation by any governmental authority relating to, such Release, and (ii) of the commencement or threat of any judicial or administrative proceeding alleging a violation of any Environmental Laws.
Environmental Compliance and Indemnity. (a) Except as could not reasonably be expected to have a Material Adverse Effect, (i) the Borrower and the Guarantors shall, and shall cause their Subsidiaries to, comply with all Environmental Laws, (ii) the Borrower and the Guarantors shall not, and shall not permit any of their Subsidiaries to, cause or allow the Release of Hazardous Materials, solid waste or other wastes on, under or to any real property in which any Consolidated Party holds any interest or performs any of its operations, and (iii) the Borrower shall promptly notify the Agent and the Lenders of any Environmental Claim.
Environmental Compliance and Indemnity. Tenant covenants and agrees to conduct its business and operations on and from the Premises in accordance with all federal, state and local environmental laws, regulations, executive orders, ordinances and directives including, but not limited to, the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act, and state law counterparts, and any amendments thereto, including, without limitation, the Colorado Hazardous Waste Management Act, C.R.S. § 00-00-000 et seq, and not to cause, suffer or permit any damage or impairment to the health, safety or comfort of any person or to the environment at or on the Premises and surrounding property, including, but not limited to, damage or threatened damage to the soil, surface or ground water resources at the Premises and surrounding property or any condition constituting a nuisance or causing a violation of or resulting in liability under any state, federal or local law, regulation or ordinance. The foregoing obligations of Tenant shall hereinafter collectively be referred to as the “Environmental Obligations.” In the event of any violation of, or failure to comply with, any of the Environmental Obligations, Tenant agrees. at its sole cost and expense, promptly to remedy and correct such violation or failure, including all required or appropriate clean up, clean up- related activities and all other appropriate remedial action. Tenant covenants and agrees to protect, indemnify and save Landlord harmless from and against any and all liability, obligations, claims, including administrative claims and claims for injunctive relief, loss, cost, damage, expense or liability. including without limitation, any liability arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, plus reasonable attorney fees, incurred by or asserted against Landlord resulting from any failure to comply with the provisions of this Sectionl2(e). Landlord shall have the right to defend itself in any action, suit or proceeding commenced against Landlord as a result of Tenants violation of or failure to comply with the provision of this Section 12(e), with attorneys and, as necessary, technical consultants chosen by Landlord, and Tenant agrees to pay to Landlord all reasonable attorney fees, consultant fees, and other costs in connection therewith incurred by Landlord. The provisions of this Section 12(e) shall survive the expiration or termination of this...
Environmental Compliance and Indemnity. 60 7.12 RATE HEDGING OBLIGATIONS...............................62 7.13
Environmental Compliance and Indemnity. 60 7.12 RATE HEDGING OBLIGATIONS............................................61 7.13 FCC CONSENTS........................................................61 7.14 APPRAISALS..........................................................62 7.15
Environmental Compliance and Indemnity. LANDLORD will hold harmless, defend and indemnify TENANT and its successors and assigns against all claims, liabilities, loss, cost, and expenses, including reasonable attorneys' fees, incurred as a result of (i) any Hazardous Materials existing in, on or under the Premises as of the date of this Lease, and (ii) in connection with the release, storage or disposal of Hazardous Materials in, on or under the Premises by LANDLORD, its agents, employees, contractors or invitees, and the provisions of this sentence shall survive the expiration or earlier termination of this Lease. TENANT will hold harmless, defend and indemnify LANDLORD and its successors and assigns against all claims, liabilities, loss, cost, and expenses, including reasonable attorneys' fees, incurred as a result of the release, storage or disposal of Hazardous Materials in, on or under the Premises by TENANT, its agents, employees, contractors or invitees, and the provisions of this sentence shall survive the expiration or earlier termination of this Lease. The term "Hazardous Materials" shall mean any explosive, radioactive, hazardous wastes or hazardous substances or substances defined as "hazardous substances" in any federal, state or local laws, ordinance, regulation or governmental requirement including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601, et seq., Emergency Planning and Community Right-to-Know Act, 42 U.S.C. Sections 11001, et seq., Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. Chapter 21E, and Massachusetts Hazardous Waste Management Act, M.G.L.
Environmental Compliance and Indemnity. 30 SECTION 8. NEGATIVE COVENANTS OF THE BORROWER............................................ 31
