Environmental Compliance; Hazardous Materials. To Seller’s Knowledge: (a) the Properties are not contaminated by any hazardous material; (b) the Properties have not in the past been used, and are not presently being used, for the handling, storage, transportation, or disposal of hazardous or toxic substances, materials, pollutants or waste (or similar items under applicable environmental Legal Requirements); (c) there has been no release of any such items into the environment from the Tower Sites or in, on, or under the Tower Sites by Seller; and (d) there is no existence or prior existence on the Properties of any hazardous materials, nor of the existence or prior existence of any above or below ground storage tank and/or backup generators, except as disclosed to Purchaser in writing in Schedule 4.15. Seller has operated the Tower Sites in compliance with environmental Legal Requirements, and Seller has not received any notice, notification, demand, request for information, citation, summons or order with respect to any alleged violation of any environmental Legal Requirements. To Seller’s Knowledge, Seller has no liabilities arising in connection with or in any way relating to the Tower Sites or the use, occupancy, maintenance or operation thereof (including offsite disposal) arising as a result of any violation by Seller of such environmental Legal Requirements.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (StratCap Digital Infrastructure REIT, Inc.), Purchase and Sale Agreement (StratCap Digital Infrastructure REIT, Inc.), Purchase and Sale Agreement (StratCap Digital Infrastructure REIT, Inc.)