Common use of Environmental Laws and Hazardous Substances Clause in Contracts

Environmental Laws and Hazardous Substances. Q Comm represents, warrants and agrees with APS that (i) Q Comm has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of Q Comm (whether or not owned by it) in any manner which violated any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of Q Comm comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of Q Comm's LOAN AND SECURITY AGREEMENT BY AND BETWEEN Q COMM INTERNATIONAL INC. AND AMERICAN PAYMENT SYSTEMS, INC. -------------------------------------------------------------------------------- knowledge, threatened, with respect to any non-compliance with, or violation of, the requirements of any Environmental Law by Q Comm or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which affects Q Comm or its business, operations or assets or any properties at which Q Comm has transported, stored or disposed of any Hazardous Materials, (iv) Q Comm has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material.

Environmental Laws and Hazardous Substances. Q Comm The Borrower represents, warrants and agrees with APS the Bank that (i) Q Comm has the Borrower and its Subsidiaries have not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of Q Comm the Borrower or its Subsidiaries (whether or not owned by itthem) in any manner which violated at any time violates any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of Q Comm the Borrower and its Subsidiaries comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending oror to Borrower's knowledge threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to the best of Q Comm's LOAN AND SECURITY AGREEMENT BY AND BETWEEN Q COMM INTERNATIONAL INC. AND AMERICAN PAYMENT SYSTEMS, INC. -------------------------------------------------------------------------------- knowledge, threatenedrespond thereto, with respect to any non-compliance with, or violation of, the requirements of any Environmental Law by Q Comm the Borrower or its Subsidiaries or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which affects Q Comm the Borrower or its businessSubsidiaries, or their businesses, operations or assets or any properties at which Q Comm has the Borrower or Subsidiaries have transported, stored or disposed of any Hazardous Materials, (iv) Q Comm has the Borrower and its Subsidiaries have no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following reasonable determination by the Bank that there is a material non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer reasonably acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. Q Comm representsExcept as set forth on Schedule 10.4 hereto, warrants and agrees with APS that (i) Q Comm the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of Q Comm the Borrower (whether or not owned by it) in any manner which violated for any continued period of time violates, in a material respect, any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of Q Comm the Borrower comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other PersonPerson or entity, nor is any pending or, to the best of Q Commthe Borrower's LOAN AND SECURITY AGREEMENT BY AND BETWEEN Q COMM INTERNATIONAL INC. AND AMERICAN PAYMENT SYSTEMS, INC. -------------------------------------------------------------------------------- knowledge, threatened, and the Borrower shall promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any material non-compliance with, or material violation of, the requirements of any Environmental Law by Q Comm the Borrower or the material release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which materially affects Q Comm the Borrower or its business, operations or assets or any properties at which Q Comm the Borrower has transported, stored or disposed of any Hazardous Materials, (iv) Q Comm the Borrower has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following the reasonable determination by the Bank that there is non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such test of the relevant site as are appropriate, and prepare and deliver a report setting forth the results of such tests, a proposed plan for remediation and an estimate of the costs thereof, and shall take any action pursuant thereto necessary to comply with Section 12.11.

Environmental Laws and Hazardous Substances. Q Comm The Borrower represents, warrants and agrees with APS the Bank that (i) Q Comm the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of Q Comm the Borrower (whether or not owned by it) in any manner which violated at any time materially violates any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of Q Comm the Borrower comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of Q Commthe Borrower's LOAN AND SECURITY AGREEMENT BY AND BETWEEN Q COMM INTERNATIONAL INC. AND AMERICAN PAYMENT SYSTEMS, INC. -------------------------------------------------------------------------------- knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any non-compliance with, or violation of, the requirements of any Environmental Law by Q Comm the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, by the Borrower which affects Q Comm or its business, operations or assets or any properties at which Q Comm the Borrower has transported, stored or disposed of any Hazardous Materials, (iv) Q Comm the Borrower has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following determination by the Bank that there is material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any material non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. Q Comm Except as set forth in Schedule 7.4, The Borrower represents, warrants and agrees with APS the Bank that (i) Q Comm the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous MaterialsMaterials above actionable or regulated levels, on or off any of the premises of Q Comm the Borrower (whether or not owned by it) in any manner which violated at any time violates any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of Q Comm the Borrower comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of Q Commthe Borrower's LOAN AND SECURITY AGREEMENT BY AND BETWEEN Q COMM INTERNATIONAL INC. AND AMERICAN PAYMENT SYSTEMS, INC. -------------------------------------------------------------------------------- knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any non-compliance with, or violation of, the requirements of any Environmental Law by Q Comm the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material above actionable or regulated levels or any other environmental, health or safety matter, which affects Q Comm the Borrower or its business, operations or assets or any properties at which Q Comm the Borrower has transported, stored or disposed of any Hazardous Materials, (iv) Q Comm the Borrower has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following determination by the Bank that there is non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.