Environmental Representation. Landlord hereby represents to Tenant that: (a) all Hazardous Materials used on the Leased Premises and any adjacent property owned by Landlord have been used in compliance with all applicable federal, state, regional, county and local laws, statutes, regulations and ordinances relating to public health, safety or the environment or consistent with accepted industry practice and usage; (b) parties who have operated at the Leased Premises have all necessary environmental permits and authorizations, where required; (c) there have been no releases of Hazardous Materials at the Leased Premises or any adjacent property owned by Landlord; and (d) there are no pending environmental enforcement or administrative actions or claims against the Landlord or any current or former occupant of the Leased Premises or any adjacent property owned by Landlord. In the event Landlord received any notice of any violation of any Environmental Law whether related to any prior occupant to Tenant, Landlord agrees to promptly provide a copy of the notice to Tenant. Landlord agrees to indemnify, defend and hold harmless Tenant against all losses, claims, damages (actual or punitive) and liabilities of any kind that Tenant may incur arising out of a breach of the foregoing representations.
Environmental Representation. Landlord represents and warrants that, on the Delivery Date for each Portion of the Premises, such Portion of the Premises shall not contain any Hazardous Materials other than materials customarily used in the construction or operation of comparable suburban office buildings.
Environmental Representation. Except as set forth in Schedule 1.1(iv) to the Disclosure Schedule and except as disclosed in the Phase I Environmental Assessments,(a) XxXxxxxx and Xxxxxxx Xxxxx have, with respect to the Business, complied, and they are in compliance, with all Environmental Requirements enacted on or prior to Closing except for such failures to comply or be in compliance as have not had, and would not reasonably be expected to have, a Material Adverse Effect.
Environmental Representation. For purposes of this subsection 1.3(u), "Applicable Environmental Law(s)" shall mean (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. ("CERCLA"); (ii) the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq. ("RCRA"); (iii) the New Jersey Industrial Site Recovery Act, as amended, P.L. 1995, C. 139 ("ISRA"); (iv) the New Jersey Spill Compensation and Control Act, as amended, N.J.S.A. 58:10-23.11b et seq. ("Spill Act"); (v) the New Jersey Underground Storage Tank Act, as amended, N.J.S.A. 58:10A-21 et seq. ("UST"); (vi) the New Jersey Solid Waste Management Act, as amended, N.J.S.A. 13:1E-1 et seq.; (vii) the New Jersey Toxic Catastrophe Prevention Act, as amended, N.J.S.A. 13:1K-19 et seq.; (viii) the New Jersey Water Pollution Control Act, as amended, N.J.S.A. 58:10A-1 et seq; (ix) the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.; (x) the New Jersey Air Pollution Control Act, as amended, N.J.S.A. 26:2C-1 et seq.; and (xi) any and all laws, regulations, and executive orders, both Federal, State and local, pertaining to pollution or protection of the environment (including laws, regulations and other requirements relating to emissions, discharges, releases or threatened releases of pollutants, contaminants, or hazardous or toxic materials or wastes into ambient air, surface water, ground water or land, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants, or hazardous or toxic material or wastes), as the same may be amended or supplemented from time to time. Any capitalized terms mentioned in the following subsections which are defined in any Applicable Environmental Law shall have the meanings ascribed to such terms in said laws; provided, however, that if any of such laws are amended so as to broaden any term defined therein, such broader meaning shall apply subsequent to the effective date of such amendment.
Environmental Representation. Section 1. Landlord represents and warrants that as of the Commencement Date there are no materials located on the Property that require special handling in collection, storage, treatment, or disposal under any federal, state, or local law, statute, ordinance, or regulation or court or administrative order or decree, or private agreement pursuant to which material requires special handling in collection, storage, treatment, or disposal ("Environmental Requirements"). In the event any materials which under any Environmental Requirements require special handling in collection, storage, treatment, or disposal are determined to have been located on the Property at or prior to the date of this Lease Agreement, Landlord shall (a) within thirty (30) days after written notice thereof, take, or cause to be taken, at its sole expense, such actions as may be necessary to comply with all Environmental Requirements and (b) within thirty (30) days after written demand therefor, reimburse Tenant for any amounts expended by Tenant (i) to comply with any Environmental Requirements with respect to the Property or (ii) in connection with any judicial or administrative investigation or proceeding relating thereto, including, without limitation, reasonable attorney fees, fines, or other penalty payments.
Environmental Representation a) Except as may already have been disclosed by the Borrower in writing to, and acknowledged in writing by, the Bank:
Environmental Representation. The Development Authority has had prepared, at its expense, an environmental assessment of the Project Site and has provided a report of that assessment to the Company. To the best of the Development Authority’s knowledge, no portion of the Project Site is affected by any hazardous waste or regulated substance.
Environmental Representation. A. Landlord represents, to its knowledge based solely upon that certain Phase I Environmental Site Assessment by CURA, Inc. dated March 17, 1997, that the Premises are free of Hazardous Materials (as defined below) in amounts and conditions which are in violation of applicable environmental laws.
Environmental Representation. Landlord represents and warrants to Tenant that the Premises (including surface water, ground water, and any existing improvements) does not contain any asbestos, substantial amounts of waste or debris, or contamination, including without limitation, any Hazardous Substance as hereinafter defined.
Environmental Representation. None of the activities of Seller, or to the best of Seller's knowledge, any past or present owner or Tenant of the Property, have resulted in the generation of any "Hazardous Substances" (Hazardous Substances shall mean any and all hazardous or toxic materials, substances, pollutants, contaminants and wastes including, but not limited to, all elements and compounds defined as "Hazardous Substances", "Hazardous Waste", "Hazardous Material", under any governmental environmental law or regulation) nor has Seller, or to the best of Seller's knowledge, any past or present owner or Tenant of the Property. Seller further certifies, represents and warrants to Purchaser, that to the best of Seller's knowledge, the Property is not listed on the National Priority List of Suspected Hazardous Waste Sites, nor is the Property listed on any state report of inactive hazardous waste sites, and that no event has occurred which, with the passage of time or the giving of notice or both, would constitute non-compliance with any governmental environmental law or regulation. Seller hereby agrees to provide Purchaser, and/or any lending institution of Purchaser, with its written certification of the foregoing representations, and warranties.
