Environmental Disclaimer. PURCHASER ACKNOWLEDGES THAT, ------------------------ HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT ITS OWN ENVIRONMENTAL DUE DILIGENCE WITH RESPECT TO THE COMPANY'S REAL PROPERTY AND BUSINESS, PURCHASER IS RELYING SOLELY ON ITS OWN DUE DILIGENCE AND NOT ON ANY INFORMATION OR REPRESENTATIONS OR WARRANTIES OF SELLER IN CONNECTION WITH ANY PAST OR PRESENT "ENVIRONMENTAL CONDITION" (AS HEREINAFTER DEFINED). PURCHASER AGREES AND ACKNOWLEDGES THAT AS TO ENVIRONMENTAL CONDITIONS, PURCHASER IS ACQUIRING THE SHARES AND THE COMPANY "AS IS", "WHERE IS", "WITH ALL FAULTS" AND THAT SELLER MAKES NO REPRESENTATION, WARRANTY OR GUARANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR ARISING BY OPERATION OF LAW, IN ANY WAY RELATING TO ANY ENVIRONMENTAL CONDITION AFFECTING ANY OF THE COMPANY'S REAL PROPERTY, WHETHER OWNED OR LEASED, ANY OTHER REAL PROPERTY OR OTHERWISE RELATING TO THE COMPANY. IN THE EVENT THAT ANY INVESTIGATION, REMEDIATION OR OTHER CORRECTIVE ACTION IS AT ANY TIME REQUIRED TO BE PERFORMED AFTER THE CLOSING AS A RESULT OF THE PRESENCE OF ANY ENVIRONMENTAL CONDITION, PURCHASER ACKNOWLEDGES AND AGREES THAT ANY SUCH INVESTIGATION, REMEDIATION OR CORRECTIVE ACTION SHALL BE PERFORMED BY THE COMPANY AND/OR PURCHASER AT ITS AND/OR THEIR SOLE COST AND EXPENSE, AND THAT SELLER HAS NO DUTY OR OBLIGATION TO PERFORM OR CAUSE TO BE PERFORMED ANY SUCH INVESTIGATION, REMEDIATION OR CORRECTIVE ACTION OR TO INDEMNIFY PURCHASER FOR, OR CONTRIBUTE TO THE COMPANY'S OR PURCHASER'S COST OF, SUCH INVESTIGATION, REMEDIATION OR CORRECTIVE ACTION. PURCHASER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, RELEASES AND RELINQUISHES ALL CLAIMS, RIGHTS OF INDEMNIFICATION OR CONTRIBUTION, CAUSES OF ACTION OR DEMANDS (INCLUDING, WITHOUT LIMITATION, FOR ATTORNEYS' AND ENVIRONMENTAL CONSULTANTS' FEES), WHICH PURCHASER, THE COMPANY OR THEIR RESPECTIVE SUCCESSORS, LEGAL REPRESENTATIVES OR ASSIGNS NOW HAS OR MAY HAVE OR ALLEGE AGAINST SELLER OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BY REASON OF ANY PAST OR PRESENT ENVIRONMENTAL CONDITION BE IT KNOWN OR UNKNOWN, LATENT OR PATENT, OR ANY INVESTIGATION, REMEDIATION OR CORRECTIVE ACTION WHICH MAY BE REQUIRED OR DESIRABLE WITH RESPECT THERETO. AS USED HEREIN, "ENVIRONMENTAL CONDITION" MEANS (I) ANY ENVIRONMENTAL POLLUTION OR CONTAMINATION OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL POLLUTION OR CONTAMINATION FROM ANY SPILL, DISCHARGE, LEAK, EMISSION, ESCAPE, IN...
Environmental Disclaimer. Except as otherwise set forth herein, the Village makes no warranties or representations regarding, nor does it indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of the Property, or anywhere within the TIF District of any toxic or hazardous substances of wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9601-9657, as amended) (collectively, the “Hazardous Substances”). The foregoing disclaimer relates to any Hazardous Substance allegedly generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on or in the vicinity of the Property, or within the TIF District, as well as any activity claimed to have been undertaken on or in the vicinity of the Property, that would cause or contribute to causing (1) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 0000 (“XXXX”), 00 X.X.X. §0000 et seq., or any similar State law or local ordinance, (2) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Property, within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar State law or local ordinance, or (3) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq., or any similar State law or local ordinance. Further, the Village makes no warranties or representations regarding, nor does the Village indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of the Project, or anywhere within the Property or the TIF District, of any substances or conditions in or on the Property, that may support a claim or cause of action under RCRA, CERCLA, or any other federal, State or local environmental statutes, regulations, ordinances or other environmental regulatory requirements. T...
Environmental Disclaimer. 12 3.25 Suppliers...................................................................... 13
Environmental Disclaimer. 14.1. The Environmental Management at any site on which Kaishan equipment is used is the responsibility of the Customer. In this regard Kaishan disclaims any responsibility for any infringement which occurs related to Acts, Rules or Regulations pertaining to environmental pollution aspects such as noise, atmospheric, water, sewer, dangerous goods, waste disposal etc.
Environmental Disclaimer. It is mutually understood that if the Property is located in Gainesville, Florida, where the Xxxxx-Xxxxxx’x Superfund Site, as determined by the EPA is located: additional information can be found at the U.S. Environmental Protection Agency’s website, xxx.xxx.xxx. TENANT xxxxx agrees to indemnify and hold LANDLORD and its successors and assigns, harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, clean up and other costs, fines, suits, demands, orders, charges, liens and expenses (including reasonable attorneys’ and expert witness fees and costs imposed on, incurred by, or reserved against LANDLORD. The foregoing indemnity obligations shall survive the expiration or termination of this Lease and/or any transfer of all or any portion of the Property, or any interest in the Lease.
Environmental Disclaimer. Except as set forth in Section 8.7 below, the parties hereto specifically acknowledge and agree that Seller shall have no liability whatsoever for any environmental matters on or from any Leased Real Property, or any properties or facilities formerly leased, operated or occupied at any time by any of the Company and its affiliates (not to include, however, any Owned Real Property or properties or facilities formerly owned by any of the Company and its affiliates at any time since its organization), which resulted from the acts or omissions of any party other than the Company and its affiliates. In addition, the parties hereto specifically acknowledge and agree that Seller shall have no liability with respect to any underground storage tanks which exist or previously existed on any real property that the Company or any of its affiliates owns, leases or operates, or has ever owned, leased or operated, in connection with the Company's business and operations, nor any liability for any releases from any such underground storage tank, except and only to the extent set forth in Section 8.4.1 below.
Environmental Disclaimer. Owner acknowledges and agrees that (i) ------------------------ Agent is not an expert in environmental matters and that Agent has not made nor has been asked to make and shall not make any representations and warranties with respect to the environmental conditions or suitability of the Property; (ii) any obligation which may exist with regard to compliance with statutes, ordinances and regulations relating to the environmental conditions is Owner's sole responsibility; (iii) if required by law, Owner will immediately (a) notify Agent of any knowledge of any matters of environmental concern, (b) give such information to a potential
Environmental Disclaimer. Amica acknowledges and agrees that, notwithstanding any other provision of this Agreement, in performing Services hereunder SpectraSite shall have no liability or responsibility whatsoever to Amica for, or arising from, any environmental audit, inspection or evaluation of any property that is considered, proposed or accepted by Amica for the location of antennas, towers, or any other facilities of Amica, nor shall SpectraSite have any liability for any past, present, or future environmental condition at any such property, specifically including but not limited to the presence of hazardous wastes or hazardous substances, as those terms are defined by applicable state and federal law except to the extent such environmental condition is caused by SpectraSite.
Environmental Disclaimer. The Seller does not warrant with respect to the existence or nonexistence of any pollutants, contaminants, or hazardous waste prohibited by federal, state or local law. Buyer is responsible for inspection of the property prior to purchase for conditions including, but not limited to, water quality, and environmental conditions that may affect the usability or value of the property. No warranties are made as to the existence or nonexistence of water xxxxx on the property, or condition of any xxxxx.
Environmental Disclaimer
