Common use of Environmental Issues Clause in Contracts

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the Seller, the Company and the Partnership have (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital or the Clinics other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital and the Clinics in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09. (b) With respect to the Hospital and the Clinics prior to the date of the Partnership's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at the Hospital, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at the Hospital or the Clinics or were released into the environment or discharged, placed or disposed of in, on or under the Hospital or the Clinics, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital or the Clinics, (iii) none of the Hospital or the Clinics are located on property which was used as a dump for waste material, and (iv) the Hospital and the Clinics have at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital or the Clinics. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital or the Clinics which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital or the Clinics which are currently in the possession of Seller.

Environmental Issues. (ai) Except to the extent set forth in accordance, and writing in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes Phase I Report (as defined under any applicable Environmental Lawsherein), the Seller, neither the Company and the Partnership have (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital or the Clinics other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital and the Clinics in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09. (b) With respect to the Hospital and the Clinics prior to the date of the Partnership's ownership or leasing thereofPrincipals nor, to the best of Seller's knowledge after due inquiry of the Director Company or the Principals, any other Person has engaged in or permitted any operations or activities upon, or any use or occupancy of, the Real Property, or any portion thereof, resulting in the storage, emission, release, discharge, dumping or disposal of Plant Operations at any Hazardous Materials on, under, in or about the HospitalReal Property, nor have any Hazardous Materials migrated from the Real Property to, upon, about or beneath other properties, nor has any Hazardous Materials migrated or threatened to migrate from other properties to, upon, about or beneath the Real Property. (iii) except Except to the extent permitted by applicable Environmental Lawsset forth in writing in the Phase I Report, no hazardous materials(A) there is not, substances nor has there been, constructed, placed, deposited, stored, disposed of or wastes were located on the Real Property any asbestos, ureaformaldehyde, lead or at paint, (B) no underground improvements, including treatment or storage tanks, pumps, or water, gas or oil ▇▇▇▇▇, are or have been located on the Hospital Real Property, (C) there are no polychlorinated biphenyls (PCBs) or transformers, capacitors, ballasts, or other equipment which contains dielectric fluid containing PCBs constructed, placed, deposited, stored, disposed of or located on the Real Property, (D) the Real Property and its existing uses and activities and, to the best knowledge of the Company or the Clinics or were released into the environment or dischargedPrincipals, placed or disposed of inits prior uses and activities, on or under the Hospital or the Clinics, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital or the Clinics, (iii) none of the Hospital or the Clinics are located on property which was used as a dump for waste material, comply and (iv) the Hospital and the Clinics have at all times complied with, in all material respects with all Environmental LawsRequirements, except and the Company has obtained all Permits necessary under applicable Environmental Requirements, and (E) neither the Company or the Principals nor, to the extent in each best knowledge of the foregoing clauses Company or the Principals, any prior owner or occupant of the Real Property, has received any notice or other communication concerning any alleged violation of Environmental Requirements, whether or not corrected to the satisfaction of the appropriate authority, or any notice or other communication concerning alleged liability for Environmental Damages in connection with the Real Property, and there exists no judgment, decree, order, writ or injunction outstanding, nor any litigation, action, suit, claim (iincluding citation or directive) through (iv) that or proceeding pending or, to the best knowledge of the Company or the Principals, threatened, relating to the ownership, use, maintenance or operation of the Real Property by any Person, or arising from the alleged violation of Environmental Requirements, or from the suspected presence of Hazardous Materials thereon or potential migration thereto, and there are no existing facts or conditions which could give rise to any such non-compliance would not have a material adverse effect on the Hospital violation or the Clinics. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital or the Clinics which remains unresolved as of the date hereofliabilities. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital or the Clinics which are currently in the possession of Seller.

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the Seller, the Company and the Partnership have Seller has (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under any of the Hospital or Facilities and the Clinics Dove Street Office other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of any of the Hospital Facilities or the ClinicsDove Street Office, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital and Facilities or the Clinics Dove Street Office in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of any of the Hospital Facilities or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09Dove Street Office. (b) With respect to the Hospital Facilities and the Clinics Dove Street Office prior to the date of the PartnershipSeller's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at each of the HospitalFacilities, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at any of the Hospital Facilities or the Clinics Dove Street Office or were released into the environment or discharged, placed or disposed of in, on or under any of the Hospital Facilities or the ClinicsDove Street Office, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at any of the Hospital Facilities or the ClinicsDove Street Office, (iii) none of the Hospital Facilities or the Clinics Dove Street Office are located on property which was used as a dump for waste material, and (iv) the Hospital Facilities and the Clinics Dove Street Office have at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital or the ClinicsFacilities. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at any of the Hospital Facilities or the Clinics Dove Street Office which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital Facilities or the Clinics Dove Street Office which are currently in the possession of Seller.

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the Seller, the Company and the Partnership have Seller has (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital or the Clinics Clinic other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the ClinicsClinic, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital and the Clinics Clinic in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09Clinic. (b) With respect to the Hospital and the Clinics Clinic prior to the date of the PartnershipSeller's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at the Hospital, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at the Hospital or the Clinics Clinic or were released into the environment or discharged, placed or disposed of in, on or under the Hospital or the ClinicsClinic, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital or the ClinicsClinic, (iii) none of neither the Hospital or nor the Clinics are Clinic is located on property which was used as a dump for waste material, and (iv) the Hospital and the Clinics Clinic have at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital or the ClinicsClinic. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital or the Clinics Clinic which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital or the Clinics Clinic which are currently in the possession of Seller.

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the Seller, the Company and the Partnership have Seller has (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital Hospital, the MOB or the Clinics other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital Hospital, the MOB or the Clinics, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital Hospital, the MOB and the Clinics in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital Hospital, the MOB or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09. (b) With respect to the Hospital Hospital, the MOB and the Clinics prior to the date of the PartnershipSeller's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at the Hospital, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at the Hospital Hospital, the MOB or the Clinics or were released into the environment or discharged, placed or disposed of in, on or under the Hospital Hospital, the MOB or the Clinics, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital Hospital, the MOB or the Clinics, (iii) none of the Hospital Hospital, the MOB or the Clinics are located on property which was used as a dump for waste material, and (iv) the Hospital Hospital, the MOB and the Clinics have at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital Hospital, the MOB or the Clinics. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital Hospital, the MOB or the Clinics which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital Hospital, the MOB or the Clinics which are currently in the possession of Seller.

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the Seller, the Company and the Partnership have Seller has (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital or the Clinics Hospital Real Property other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the ClinicsSeller's Assets, (ii) not installed any underground storage tanks at or under the Hospital Real Property and (iii) at all times operated maintained or caused to be maintained the Hospital and the Clinics Hospital Real Property in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09Seller's Assets. (b) With respect to the Hospital and the Clinics Hospital Real Property prior to the date of the PartnershipSeller's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at the Hospital, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at the Hospital or the Clinics Hospital Real Property or were released into the environment or discharged, placed or disposed of in, on or under the Hospital or the ClinicsHospital Real Property, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital or the ClinicsReal Property, (iii) none of the Hospital or the Clinics are is not located on property which was used as a dump for waste material, and (iv) the Hospital and the Clinics Hospital Real Property have at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital or the ClinicsSeller's Assets. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital or the Clinics Hospital Real Property which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital or and the Clinics Hospital Real Property which are currently in the possession of Seller.

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the SellerCompany, the Company Seller and the Partnership have (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital or the Clinics other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the ClinicsHospital, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital and the Clinics in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the ClinicsHospital. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09. (b) With respect to the Hospital and the Clinics prior to the date of the Partnership's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at the Hospital, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at the Hospital or the Clinics or were released into the environment or discharged, placed or disposed of in, on or under the Hospital or the ClinicsHospital, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital or the ClinicsHospital, (iii) none of the Hospital or the Clinics are located on property which was used as a dump for waste material, and (iv) the Hospital and the Clinics have at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital or the ClinicsHospital. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital or the Clinics which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital or the Clinics which are currently in the possession of Seller.

Environmental Issues. (a) Except in accordance, and in compliance, with any and all applicable local, state and federal governmental laws, regulations and requirements (collectively, the "Environmental Laws") relating to environmental and occupational health and safety matters, and hazardous materials, substances or wastes (as defined under any applicable Environmental Laws), the Seller, the Company and the Partnership have Seller has (i) not released into the environment or discharged, placed or disposed of any such hazardous materials, substances or wastes or caused the same to be so released into the environment or discharged, placed or disposed of at, on or under the Hospital or the Clinics Clinic other than to the extent the same will not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the ClinicsClinic, (ii) not installed any underground storage tanks and (iii) at all times operated the Hospital and the Clinics Clinic in compliance with all Environmental Laws, except where the failure to so comply would not have a material adverse affect on the condition, financial or otherwise, of the Hospital or the Clinics. Seller further represents and warrants that there is an underground storage tank located on the Hospital Real Property for which Seller has secured a permit as required by law, a copy of which is included in Exhibit 6.09Clinic. (b) With respect to the Hospital and the Clinics Clinic prior to the date of the PartnershipSeller's ownership or leasing thereof, to the best of Seller's knowledge after due inquiry of the Director of Plant Operations at the HospitalClinic, (i) except to the extent permitted by applicable Environmental Laws, no hazardous materials, substances or wastes were located on or at the Hospital or the Clinics Clinic or were released into the environment or discharged, placed or disposed of in, on or under the Hospital or the ClinicsClinic, (ii) except to the extent permitted by applicable Environmental Laws, no underground storage tanks are or were located at the Hospital or the ClinicsClinic, (iii) none of the Hospital or the Clinics are Clinic is not located on property which was used as a dump for waste material, and (iv) the Hospital and the Clinics have Clinic has at all times complied with, all Environmental Laws, except to the extent in each of the foregoing clauses (i) through (iv) that any such non-compliance would not have a material adverse effect on the Hospital or the ClinicsClinic. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged noncompliance with, or potential liability under, any Environmental Laws at the Hospital or the Clinics Clinic which remains unresolved as of the date hereof. (c) Seller will use its reasonable efforts to provide to Purchaser any written assessments prepared by or on behalf of Seller concerning the hazardous waste conditions at the Hospital or the Clinics Clinic which are currently in the possession of Seller.