Environmental Notification. (i) The occurrence of one or more of the following, to the extent that any of the following, if adversely determined, would have a material adverse effect on the financial condition, business or properties of the Company and its Subsidiaries taken as a whole or, in any event, could reasonably be expected to result in liability to a Borrower or any of its Restricted Subsidiaries in excess of $3,000,000 or a fine or penalty in excess of $1,000,000: (A) written notice, claim or request for information to the effect that a Borrower or any of its Subsidiaries is or may be liable in any material respect to any Person as a result of the presence of or the Release or substantial threat of a material Release of any Contaminant into the environment; (B) written notice that a Borrower or any of its Subsidiaries is subject to investigation by any Governmental Authority evaluating whether any Remedial Action is needed to respond to the presence or to the Release or substantial threat of a material Release of any Contaminant into the environment; (C) written notice that any property, whether owned or leased by, or operated on behalf of, a Borrower or its Subsidiaries is subject to a material Environmental Lien; (D) written notice of violation to a Borrower or any of its Subsidiaries of any Environmental Laws or Environmental Permits; or (E) commencement or written threat of any judicial or administrative proceeding alleging a violation of any Environmental Laws or Environmental Permits; provided, however, that the provisions of this clause (i) shall not require a Borrower to violate or breach any confidentiality covenants to which it is bound.
Environmental Notification. (a) From and after the Closing Date, if the Buyer intends to conduct subsurface investigation, sampling, analysis or remediation of contamination of soil or groundwater at the Leased Real Property or the Owned Real Property (an “Environmental Investigation”), which Environmental Investigation shall be conducted at the Buyer’s sole discretion, the Buyer shall provide written notice to the Company of the Environmental Investigation, including copies of the scope of work related to such Investigation, which scope is at the Buyer’s sole discretion. Such notice shall be provided to the Company three (3) Business Days prior to commencement of the Environmental Investigation, unless the Buyer reasonably determines that such time period is not practicable given the circumstances at the time, in which case, the Buyer will use its commercially reasonable efforts to provide such notice as promptly as practicable. Failure of the Buyer to provide such notice or to provide such notice less than three (3) Business days prior to commencement of an Environmental Investigation does not in any manner waive or impair the Buyer’s ability to seek or recover the indemnification provided under this Agreement. This notification or lack thereof does not create any rights or defenses for the Company.
Environmental Notification. (i) The occurrence of one or more of the following, to the extent that any of the following, if adversely determined, would have a material adverse effect on the financial condition, business or properties of Borrower and its Subsidiaries taken as a whole or, in any event, could reasonably be expected to result in liability to Borrower or any of its Restricted Subsidiaries in excess of $3,000,000 or a fine or penalty in excess of $1,000,000: (A) written notice, claim or request for information to the effect that Borrower or any of its Subsidiaries is or may be liable in any material respect to any Person as a result of the presence of or the Release or substantial threat of a material Release of any Contaminant into the environment; (B) written notice that Borrower or any of its Subsidiaries is subject to investigation by any Governmental Authority evaluating whether any Remedial Action is needed to respond to the presence or to the Release or substantial threat of a material Release of any Contaminant into the environment; (C) written notice that any property, whether owned or leased by, or operated on behalf of, Borrower or its Subsidiaries is subject to a material Environmental Lien; (D) written notice of violation to Borrower or any of its Subsidiaries of any Environmental Laws or Environmental Permits; or (E) commencement or written threat of any judicial or administrative proceeding alleging a violation of any Environmental Laws or Environmental Permits; PROVIDED, HOWEVER, that the provisions of this clause (i) shall not require Borrower to violate or breach any confidentiality covenants to which it is bound.
Environmental Notification. (a) Notify the Agent, in writing, promptly, and in any event within twenty (20) days after a Responsible Officer learns thereof, of any: (A) written notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person in an amount in excess of $1,000,000 as a result of the Release or threatened Release of any Contaminant into the environment; (B) written notice that the Borrower or any of its Subsidiaries is subject to investigation by any governmental authority evaluating whether any Remedial Action involving potential claims or costs to the Borrower or its Subsidiaries in excess of $1,000,000 is needed to respond to any material Release or threatened Release of any Contaminant into the environment; or (C) notice of violation to the Borrower or any of its Subsidiaries of conditions which result in a notice of violation of any Environmental Laws or Environmental Permits, which could reasonably be expected to have a Material Adverse Effect.
Environmental Notification. (a) Tenant and its employees, agents, contractors and invitees at any level shall promptly notify Landlord: (i) upon becoming aware of any release or threatened release of a Hazardous Substance under, on, from or about the Premises; (ii) of any proceeding, inquiry or notice from any federal, state or local body, commission, council, board or authority (“Governmental Authority”) or others with respect to the use or presence of any Hazardous Substances on the Premises, or the migration thereof to or from other property; (iii) of all claims made or threatened by any third party against the Premises relating to loss or injury from any Hazardous Substance; and (iv) upon obtaining knowledge of any incurrence of expense by a Governmental Authority or others in connection with the assessment, containment or removal of any Hazardous Substances located on, under, from or about the Premises.
Environmental Notification. (a) Notify the Agent, in writing, promptly, and in any event within twenty (20) days after a Responsible Officer learns thereof, of any: (A) written notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person in an amount in excess of $1,000,000 as a result of the Release or threatened Release of any Contaminant into the environment; (B) written notice that the Borrower or any of its Subsidiaries is subject to investigation by any governmental authority evaluating whether any Remedial Action involving potential claims or costs to the Borrower or its Subsidiaries in excess of $1,000,000 is needed to respond to any material Release or threatened Release of any Contaminant into the environment; or (C) notice of violation to the Borrower or any of its Subsidiaries of conditions which result in a notice of violation of any Environmental Laws or Environmental Permits, which could reasonably be expected to have a Material Adverse Effect. (b) Upon written request by the Agent, the Borrower shall promptly submit to the Agent and the Lenders a report providing an update of the status of each environmental, health or safety compliance, hazard or liability issue identified in any notice or report required pursuant to clause (i) above and any other environmental, health and safety compliance obligation, remedial obligation or liability that could reasonably be expected to have a Material Adverse Effect. 5.1.15
Environmental Notification a. Tenant will promptly notify Landlord: (i) upon becoming aware of any release or threatened release of a Hazardous Substance under, on, from or about the Premises; (ii) of any proceeding, inquiry or notice from any federal, state or local body, commission, council, board or authority (“Governmental Authority”) or others with respect to the use or presence of any Hazardous Substances on the Premises, or the migration thereof to or from other property; (iii) of all claims made or threatened by any third party against the Premises relating to loss or injury from any Hazardous Substance; (iv) upon discovery of any occurrence or condition on any property adjoining or in the immediate vicinity of the Premises that would cause the property to be subject to the restrictions on ownership, occupancy, transferability or use under any Environmental Laws; and (v) upon obtaining knowledge of any incurrence of expense by a Governmental Authority or others in connection with the assessment, containment or removal of any Hazardous Substances located on, under, from or about the Premises or any property adjoining or in the vicinity of the Premises.
Environmental Notification. Purchaser acknowledges that Seller notified Purchaser prior to Purchaser's execution and delivery of this Agreement that certain improvements on the Premises contain asbestos or asbestos contain materials as more particularly disclosed in the Property Information. Purchaser further acknowledges that Seller also notified Purchaser prior to Purchaser's execution and delivery of this Agreement that certain soil in the Premises may be environmentally contaminated. For further information, the Purchaser acknowledges it was directed to the information regarding the same in the Property Information. The above notification and acknowledgement shall not be considered a representation or warranty of the Seller and Purchaser may not rely on same as such.
Environmental Notification. Promptly forward to the Lender copies of all material orders, notices, permits, applications or other communications and reports in connection with any Environmental Law which describe, allege or are otherwise in respect of any problem, violation or other condition that would have a Material Adverse Effect.
