Environmental Legal Compliance. Without limiting the generality of Section 5.11, except for prior violations which have been properly reported to the appropriate authority and fully resolved without any potential future liability of any Project or CHI Maine, and except as disclosed on Schedule 5.12:
Environmental Legal Compliance. Except as set forth in Disclosure Schedule 14.6(i):
Environmental Legal Compliance. Without limiting the generality of Section 5.16, and except as disclosed on Schedule 5.17, (a) Brea, the Partnership, the Facility and the Site are in compliance in all material respects with all Environmental Laws, and (b) to the Seller's knowledge, there has not been (in connection with, the construction, fuel supply, power generation and transmission, waste disposal, and other operations and processes relating to the Facility) any release, emission, seepage, disposal, spill or discharge at or to the Site or its environment, whether onto or into the ground, water, air or otherwise, of any petroleum products or of any substance considered a hazardous or toxic substance that would give rise to liability to the owner or operator of the Facility under any Environmental Law, and to the best of knowledge of the Seller, none is reasonably expected to occur imminently, other than those which (i) are not material, (ii) are permitted under all applicable Environmental Laws and Permits, (iii) occur in the normal course of the operation of the Facility or (iv) have not had and are not reasonably expected to have any material adverse impact on Brea, the Partnership or the Facility.
Environmental Legal Compliance. To its Knowledge, without limiting the generality of the representation and warranty made in subsection (a) above, the Company is not in violation of any applicable Environmental Law, which violation would cause a Material Adverse Change, and neither the Company nor, to the Knowledge of the Company, any of the Company's agents, contractors or employees has been notified of any action, suit, proceeding or investigation which calls into question compliance by the Company with any Environmental Laws or which seeks to suspend, revoke or terminate any license, permit or approval necessary for the generation, handling, storage, treatment or disposal of any Hazardous Material. The Company has not released or waived the liability of any previous owner, lessee, or operator of the Real Property or any party which may be potentially responsible for the storage, presence, release, discharge or disposal of Hazardous Materials from or on the Real Property. As used in this Agreement, the term "Environmental Law" shall mean, collectively, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 et seq.; the Solid Waste Disposal Act, as amended, 42 U.S.C. (S)6901 et seq. including the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S)6901 et seq.; the Clean Water Act, as amended, 42 U.S.C. (S)1251 et seq.; the Clean Air Act, as amended, 42 U.S.C. (S)7401 et seq.; any "superfund" or "superlien" law; and any other Applicable Law regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, and the term "Hazardous Material" shall mean and include any hazardous, toxic or dangerous waste, substance or material, the generation, handling, storage, disposal, treatment or emission of which is subject to any Environmental Law.
Environmental Legal Compliance. No Borrower is in violation of any applicable Environmental Law, which violation would have a material adverse effect either individually or in the aggregate on any Borrower or its business or prospects, and no Borrower has been notified of any action, suit, proceeding or investigation which calls into question compliance by any Borrower with any Environmental Laws or which seeks to suspend, revoke or terminate any license, permit or approval necessary for the generation, handling, storage, treatment or disposal of any Hazardous Material. As used in this Agreement, the term "Environmental Law" shall mean, collectively, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. ss.9601 et seq. ("CERCLA"); the Solid Waste Disposal Act, as amended, 42 U.S.C. ss.6901 et seq.("SWDA") including the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. ss.6901 et seq.
Environmental Legal Compliance. 15 5.18 Insurance . . . . . . . . . . . . . . . . . . . . . 15 5.19 Utilities . . . . . . . . . . . . . . . . . . . . . 15 5.20
Environmental Legal Compliance. Without limiting the generality of the representation and warranty made in Section 3.23 above, no Borrower is in violation of any applicable Environmental Law (as defined below), which violation would have a material adverse effect either individually or in the aggregate on any Borrower or its business or prospects, and no Borrower has been notified of any action, suit, proceeding or investigation which calls into question compliance by any Borrower with any Environmental Laws or which
Environmental Legal Compliance. Without limiting the generality of the representation and warranty made in Section 3.23 above, no Borrower is in violation of any applicable Environmental Law (as defined below), which violation would have a material adverse effect either individually or in the aggregate on any Borrower or its business or prospects, and no Borrower has been notified of any action, suit, proceeding or investigation which calls into question compliance by any Borrower with any Environmental Laws or which seeks to suspend, revoke or terminate any license, permit or approval necessary for the generation, handling, storage, treatment or disposal of any Hazardous Material, in each case, except as set forth in EXHIBIT 3.24 attached hereto. As used in this Agreement, the term "Environmental Law" shall mean, collectively, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 ET SEQ. ("CERCLA"); the Solid Waste Disposal Act, as amended, 42 U.S.C. Section 6901 ET SEQ.("SWDA") including the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Section 6901 ET SEQ. ("RCRA"); the Clean Water Act, as amended, 42 U.S.C. Section 1251 ET SEQ. ("CWA"); the Clean Air Act, as amended, 42 U.S.C. Section 7401 ET SEQ.; any "superfund" or "superlien" law; and any other Applicable Law regulating, relating to, or imposing liability or standards of conduct concerning,
Environmental Legal Compliance. Except as described in Section 2.17 of the Disclosure Schedules: (a) neither the Company nor any Company Subsidiary is in violation of any applicable Environmental Law, which violation would have a material adverse effect on the Company or its business or prospects, and (b) neither the Company nor any Company Subsidiary
Environmental Legal Compliance. Except as set forth on Schedule 5.13: Seller has complied with, and is in compliance with: (x) the terms and conditions of all Permits issued or required with respect to the Project pursuant to any Environmental Law, and (y) all other limitations, restrictions, standards, prohibitions, requirements, obligations, schedules and timetables contained in any Environmental Law, as related to the development, construction, ownership, use, operation or maintenance of the Project or any of the Project Assets; Seller has not received any notice or claim from any Person alleging any liability for personal injury or property damage relating to the Facility or the Project Assets, or any notice of any violation under Environmental Law, any request for information pursuant to CERCLA, or any notice of any order, penalty, investigation, action, suit, claim, proceeding or other action from any Governmental Authority or any other Person with respect to the actual or alleged violation by Seller, the Project or any of the Project Assets, or liability of any Person with respect to the Project or any of the Project Assets under, any Environmental Law or Permit and Seller has no knowledge of any circumstances, events or conditions that could result in such a notice; None of the Project, the Project Site, the Additional Real Property nor any of the Project Assets is the subject of any administrative or judicial actions, complaints, suits, proceedings or investigations pursuant to any Environmental Law; None of the Project Site, the Additional Real Property or any other of the Project Assets (including any above-ground or underground storage tanks located on or a part thereof) contains any Hazardous Material (including polychlorinated biphenyls, asbestos, lead or urea formaldehyde) that, under any Environmental Law, (1) imposes or could reasonably be expected to impose on any Person a liability for fines or penalties for non-compliance with Environmental Law, or for the performance or reimbursement of the costs of removal, Remediation, or other cleanup, or liability for or obligation to reimburse damages to natural resources; (2) has had or could reasonably be expected to have a material adverse effect on the value of the Project or the Project Assets or its or their ownership, use or operation; or (3) could reasonably be expected to result in the imposition of a Lien on the Project Site, the Additional Real Property, the Project or any of the other Project Assets; Seller has not d...
