Environmental Obligations Sample Clauses

Environmental Obligations. A. Tenant shall not, without Landlord's prior written consent (which consent may be granted or denied in Landlord's sole discretion), install, bring into or release or discharge in, on, under, around, or from the Premises any (i) asbestos-containing materials, (ii) electrical transformers, fluorescent light fixtures with ballasts or other equipment containing PCB's or (iii) materials which constitute hazardous, extremely hazardous or toxic materials under the Resource Conservation and Recovery Act, the California Hazardous Waste Control Act, the Comprehensive Environmental Response Compensation and Liability Act, the California Safe Drinking Water and Toxic Enforcement Act of 1986 or any other applicable law or regulation concerning hazardous or toxic materials, (collectively "Hazardous Substances") and has not done so prior to the effective date of this Lease. Any Hazardous Substances which are used, stored, treated, disposed of or released from the Premises by Tenant or its representatives, agents, employees or invitees, shall be used, stored, treated, released and disposed of in accordance with all applicable laws and regulations. B. If Tenant knows or has reasonable cause to believe that any Hazardous Substance has been released on or beneath the Premises, Tenant shall immediately notify the Berkeley Police Department and the Toxic Management Office and promptly give written notice of same to Landlord. If Tenant knows or has reasonable cause to believe that such substance is an imminent and material danger to public health or safety, Tenant shall take all actions necessary to alleviate such danger. Tenant shall provide to Landlord as promptly as possible, and in any event within five business days after Xxxxxx first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Xxxxxx's use thereof and concerning Hazardous Substances. Tenant shall not negotiate or enter into any settlement agreement, consent decree or other compromise in respect of Hazardous Substances affecting the Premises or the Premises without first giving Landlord prior written notice and full opportunity to appear, intervene or otherwise protect Xxxxxxxx's rights and interests. C. Without limitation of the provisions of Section 14 hereof, Tenant shall indemnify, defend and hold Landlord and its affiliates harmless from any and all claims, judgments, damages, penalties, fines, costs, liabiliti...
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Environmental Obligations. Provided Closing occurs, and except as expressly addressed in Section 4.12, Buyer assumes full responsibility and liability for the following occurrences, events, conditions, and activities on, or related to, or attributable to Seller’s ownership or operation of the Assets (the “Environmental Obligations”) regardless of whether arising from Seller’s ownership or operation of, or relating to, the Assets before or after the Effective Time, and regardless of whether resulting from any acts or omissions of Seller or its Representatives (INCLUDING THOSE ARISING FROM THE SOLE, JOINT OR CONCURRENT NEGLIGENCE (BUT NOT WILLFUL MISCONDUCT), STRICT LIABILITY, OR OTHER LEGAL FAULT OF SELLER OR ANY OF SELLER’S REPRESENTATIVES), or the condition, including the environmental condition, of the Assets when acquired: (a) Environmental pollution or contamination, including pollution or contamination of the soil, groundwater, or air by Hydrocarbons, drilling fluid and other chemicals, brine, produced water, NORM, asbestos containing materials, lead based paint, mercury, or any other substance, and any other violation of Environmental Laws or Laws now or hereafter in effect relating to the protection of natural resources; (b) Underground injection activities and waste disposal; (c) Clean-up responses, and the cost of remediation, control, assessment, or compliance with respect to surface and subsurface pollution caused by spills, pits, ponds, lagoons, or storage tanks; (d) Failure to comply with applicable land use, surface disturbance, licensing, or notification requirements; (e) Disposal on the Assets of any hazardous substances, wastes, materials, and products generated by or used in connection with the ownership, development, operation, or abandonment of any part of the Assets; and (f) Non-compliance with Environmental Laws (now or hereafter in effect).
Environmental Obligations. The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Environmental Obligations. Upon and after the Closing, subject to Purchaser’s indemnity rights under Section 10.8, Purchaser assumes full responsibility and liability for the following occurrences, events, conditions and activities on, or related to, or attributable to the ownership or operation of the Assets (the “Environmental Obligations”) regardless of whether arising from the ownership or operation of, or relating to, the Assets before or after the Effective Time, and regardless of whether resulting from any acts or omissions of Seller or its Representatives (INCLUDING THOSE ARISING FROM THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE (BUT EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STRICT LIABILITY OR OTHER LEGAL FAULT OF SELLER OR ANY OF SELLER’S REPRESENTATIVES) or the condition, including the environmental condition of the Assets when acquired: (a) Environmental pollution or contamination, including pollution or contamination of the soil, groundwater or air by Hydrocarbons, drilling fluid and other chemicals, brine, produced water, NORM, asbestos containing materials, lead based paint, mercury or any other substance, and any other violation of Environmental Laws or Laws now or hereafter in effect relating to the protection of natural resources; (b) Underground injection activities and waste disposal; (c) Clean-up responses, and the cost of remediation, control, assessment or compliance with respect to surface and subsurface pollution caused by spills, pits, ponds, lagoons or storage tanks; (d) Failure to comply with applicable land use, surface disturbance, licensing or notification requirements; (e) Disposal on the Assets of any hazardous substances, wastes, materials and products generated by or used in connection with the ownership, development, operation or abandonment of any part of the Assets; and (f) Non-compliance with Laws, including Laws relating to the protection of natural resources, Environmental Laws and requirements (now or hereafter in effect) of applicable Governmental Authorities.
Environmental Obligations. The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Environmental Obligations. (a) Effective as of Closing, Seller hereby assumes and agrees to carry out and be responsible for the following: (1) those Remediation obligations of Company or Company Subsidiaries that are described on Schedule 11.4; (2) Environmental Claims, Environmental Damages and Remediation obligations (whether now known or subsequently discovered and without regard to disclosures made in the Disclosure Schedule or the Reports) of Company or a Company Subsidiary related to the ownership or operation of any property that was owned or operated prior to the Closing Date by Company, a Company Subsidiary or any entity that merged into Company or a current or former subsidiary of Company, but which property is not owned or operated by Company or a Company Subsidiary as of the Closing Date; and (3) Environmental Claims, Environmental Damages and Remediation obligations (whether now known or subsequently discovered and without regard to disclosures made in the Disclosure Schedule or the Reports) of Company or a Company Subsidiary related to the disposal at other locations of Hazardous Substances from any property described in subsection (a)(2) above. (b) For the avoidance of doubt, it is understood that the assumption by Seller set forth in subsection (a) will not include (and, effective as of Closing, Buyer assumes and will, or will cause Company to, carry out and be responsible for) Environmental Claims, Environmental Damages or Remediation obligations related to facilities or properties now owned or operated by Company or a Company Subsidiary or related to disposal at other locations of Hazardous Substances from such facilities or properties, unless the Environmental Claim, Environmental Damages or Remediation obligation is expressly described on Schedule 11.4. (c) Following Closing, Buyer will (or will cause Company and Company Subsidiaries to), upon request, provide Seller, its Affiliates, attorneys, consultants and other representatives reasonable access during normal working hours to the books, records and personnel of Company or Company Subsidiaries relating to such assumed Remediation obligations and the related operations, facilities and properties of Company and Company Subsidiaries. Prior to disposing of any such books or records, Buyer will (or will cause Company to) give Seller a reasonable opportunity to take possession thereof. (d) Any claim for indemnification or other claim arising under this Section 11.4 shall be subject to the procedures set forth in Se...
Environmental Obligations. 9.1.1 The Lessee must not do anything that causes Contamination or is likely to cause Contamination to the Leased Premises or the Environment in contravention of any Environmental Law. 9.1.2 The Lessee must perform at its cost any environmental remediation works required as a result of a breach by the Lessee of this clause.
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Environmental Obligations. In addition to the other covenants and obligations to be performed by the City hereunder, the City covenants and agrees that it will, at all times during the Term: (a) Manage the Facilities in compliance with all Environmental Laws and all Permits; (b) not use or permit any person for whom it is in law responsible to use the Facilities or the Lands for the storage, use, treatment, disposal or introduction into the environment of Hazardous Substances in, on or under the Lands and the Facilities, except in compliance with applicable Environmental Laws; (c) without derogating from the City’s obligations under Section 3.7(b) forthwith notify the Region of the occurrence of any of the following and provide the Region with copies of all relevant documentation in connection therewith: (1) a release of a Hazardous Substance in or about the Facilities, except in strict compliance with Environmental Laws and any applicable Permits; (2) the receipt by the City of an Environmental Notice; or (3) the receipt by the City of information which indicates that Hazardous Substances are being used, dissipated, stored, disposed of or introduced into the environment by anyone in or on the Lands and the Facilities in a manner other than that authorized under Environmental Laws; (d) if the Region or the City receives information that Hazardous Substances, which have been brought onto or released at or from the Lands by the City or those for whom it is in law responsible are being dissipated, used, stored, disposed of or introduced into the environment in or on the Lands and the Facilities in a manner other than that authorized under Environmental Laws, conduct such investigations, searches, testing, drilling and sampling (“Investigations”) as are requested from time to time by the Region acting reasonably or any Statutory Authorities to determine the existence of such Hazardous Substances in or about the Facilities; (e) if remedial work is required due to the presence of Hazardous Substances in, on or under the Lands and the Facilities which have been brought onto or released at or from the Lands by the City or those for whom it is in law responsible, take all necessary action, at the cost of the City, to restore the Lands and Facilities to a level acceptable to the Region acting reasonably and to all Statutory Authorities; (f) upon the request of the Region from time to time, provide to the Region satisfactory documentary evidence that all Permits are valid and in good standing;...
Environmental Obligations. (a) Trustor shall exercise due diligence in order to comply with any and all Environmental Laws (as hereinafter defined) regarding the presence or removal of Hazardous Material on or in the Property, shall pay immediately, when due, the costs of removal from the Property and disposal of any Hazardous Material which is required to be removed pursuant to any Environmental Laws and shall keep the Property free of any lien which may arise pursuant to any such Environmental Laws. Trustor shall not, and shall use its best efforts to not permit any person or entity to, release, discharge, or dispose of any Hazardous Material on the Real Property except in compliance with all Environmental Laws and, if the same shall exist, Trustor shall immediately remove or cause to be removed from the Real Property such Hazardous Material to the extent required to be removed pursuant to any Environmental Laws. (b) As used herein, the term “Hazardous Material” shall means: (i) any chemical, material or substance at any time defined as or included in the definition of “hazardous substances”, “hazardous materials”, hazardous wastes”, “extremely hazardous waste”, “restricted hazardous waste”, “infectious waste”, “toxic substances” or any other formulations intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, “TCLP toxicity” or “EP toxicity” or words of similar import under any applicable Environmental Law or publication promulgated pursuant thereto; (ii) any oil, petroleum, petroleum fraction or petroleum derived substance; (iii) any drilling fluid, produced water or other waste associated with the exploration, development or production of crude oil, natural gas or geothermal resources; (iv) any flammable substance or explosive; (v) any radioactive material; (vi) asbestos in any form; (vii) urea formaldehyde foam insulation; (viii) electrical equipment which contains any oil or dielectric fluid containing poly-chlorinated biphenyls; (ix) any pesticide; (x) all hazardous substances defined in NRS 40.504 (“NRS” means Nevada Revised Statutes), and (xi) any other chemical, material or substance exposure to which is prohibited, limited or regulated by any Federal, state, local or other governmental authority or which may or could pose a hazard to human health or safety or the environment if released into the workplace or the environment; the term “Environmental...
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