Common use of Environmental Representations Clause in Contracts

Environmental Representations. Indemnitor hereby represents and warrants that except as set forth in the Environmental Reports, (a) Indemnitor has not engaged in or knowingly permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, for the purpose of or in any way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, under, in or about the Property, or transported any Hazardous Materials to, from or across the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (b) to Indemnitor’s knowledge, no tenant, occupant or user of the Property, or any other Person, has engaged in or permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, for the purpose of or in any material way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, in or about the Property, or transported any Hazardous Materials to, from or across the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (c) no Hazardous Materials are presently constructed, deposited, stored, or otherwise located on, under, in or about the Property except in material compliance with Environmental Laws; (d) to Indemnitor’s knowledge, no Hazardous Materials have migrated from the Property upon or beneath other properties which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, or Indemnitor; and (e) to Indemnitor’s knowledge, no Hazardous Materials have migrated or threaten to migrate from other properties upon, about or beneath the Property which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, or Indemnitor.

Environmental Representations. Indemnitor hereby represents and warrants that except as set forth in the Environmental Reports, (a) Indemnitor has not engaged in or knowingly permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, for the purpose of or in any way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, under, in or about the Property, or transported any Hazardous Materials to, from or across the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (b) to Indemnitor’s knowledge, no tenant, occupant or user of the Property, or any other Person, has engaged in or permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, for the purpose of or in any material way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, in or about the Property, or transported any Hazardous Materials to, from or across the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (c) no Hazardous Materials are presently constructed, deposited, stored, or otherwise located on, under, in or about the Property except in material compliance with Environmental Laws; (d) to Indemnitor’s knowledge, no Hazardous Materials have migrated from the Property upon or beneath other properties which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, or Indemnitor; and (e) to Indemnitor’s knowledge, no Hazardous Materials have migrated or threaten to migrate from other properties upon, about or beneath the Property which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, or Indemnitor.

Environmental Representations. Indemnitor hereby represents and warrants that except as set forth in the Environmental Reports, (a) Indemnitor has not engaged in or knowingly permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, for the purpose of or in any way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, under, in or about the Property, or transported any Hazardous Materials to, from or across the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (b) to Indemnitor’s knowledge, no tenant, occupant or user of the Property, or any other Person, has engaged in or permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, for the purpose of or in any material way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, in or about the Property, or transported any Hazardous Materials to, from or across the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (c) no Hazardous Materials are presently constructed, deposited, stored, or otherwise located on, under, in or about the Property except in material compliance with Environmental Laws; (d) to Indemnitor’s knowledge, no Hazardous Materials have migrated from the Property upon or beneath other properties which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, Borrower or Indemnitor; and (e) to Indemnitor’s knowledge, no Hazardous Materials have migrated or threaten to migrate from other properties upon, about or beneath the Property which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, Borrower or Indemnitor.

Environmental Representations. Indemnitor hereby represents Sellers represent and warrants that warrant, to the best of Sellers' knowledge, and except as set forth in the Environmental Reports, on Schedule 5 attached hereto: (a) Indemnitor has not engaged The Seller and the Property are, and have been, in compliance with all applicable laws, rules, regulations, standards and requirements of all federal, state or knowingly permitted local laws and regulations relating to pollution or protection of human health or the environment (including without limitation, laws and regulations relating to transport, storage, emissions, discharges, releases or threatened releases of any operations Hazardous Material (as defined in Section 5(f)) or activities uponpetroleum or petroleum products, or any use or occupancy of otherwise relating to the Propertymanufacture, or any portion thereofprocessing, for the purpose of or in any way involving the handlingdistribution, manufactureuse, treatment, storage, usedisposal, generation, release, discharge, refining, dumping transport or disposal handling of any waste, Hazardous Materials Material or petroleum or petroleum products). (b) There is no suit, claim, action, proceeding, investigation or notice pending or threatened (or to the best knowledge of the Seller past or present actions, activities, circumstances, conditions, events or incidents that could form the basis of any such suit, claim, action, proceeding, investigation or notice), before any Governmental Entity or other forum in which the Seller or the Property (or person or entity whose liability for any such suit, claim, action, proceeding, investigation or notice the Seller or the Property has or may have retained or assumed either contractually or by operation of law), has been or, with respect to threatened suits, claims, actions, proceedings, investigations or notices may be, named as a defendant (x) for alleged noncompliance (including by any predecessor), with any environmental law, rule or regulation or (y) relating to the transport, storage, release or threatened release into the environment of any waste, Hazardous Material (as hereinafter defined) or petroleum or petroleum products whether or not occurring at or on a site owned, leased or operated by the Seller. (c) During the period of the Seller's ownership or operation of the Property there has been no transport, storage or release of any waste, Hazardous Material or petroleum or petroleum products in, on, under, in under or about affecting the Property. Prior to the period of the Seller's ownership or operation of the Property, there was no transport, storage, release or transported threatened release of any waste, Hazardous Materials toMaterial or petroleum or petroleum products in, from on, under or across affecting the Property, except in all cases in material compliance with Environmental Laws where such transport, storage, release or threatened release has been fully remediated and only cannot be reasonably expected to have, either individually or in the course of maintenanceaggregate, renovationa material adverse effect on the Seller. (d) The Seller has not transported, constructionstored, repair treated or disposed, nor has it allowed or arranged for any third person to transport, store, treat or dispose Hazardous Materials to or at (i) any location other than a site lawfully permitted to receive such Hazardous Materials for such purposes, or (ii) any location designated for remedial action pursuant to the Comprehensive Environmental Response, Compensation and other legitimate business operations at the Property; (b) to Indemnitor’s knowledgeLiability Act, no tenant, occupant or user of the Propertyas amended, or any other Person, has engaged in similar federal or permitted any operations or activities upon, or any use or occupancy of the Property, or any portion thereof, state statute assigning responsibility for the purpose cost of investigating or remediating releases of contaminants into the environment; nor has the Seller performed, arranged for or allowed, by any method or procedure, such transportation or disposal in contravention of state or federal laws and regulations or in any material way involving other manner which gives rise to any liability whatsoever; and the handlingSeller has not disposed, manufacturenor has it allowed or arranged for third parties to dispose, treatment, storage, use, generation, release, discharge, refining, dumping or disposal of any Hazardous Materials on, in or about the Property, or transported any Hazardous Materials to, from or across waste upon the Property, except in all cases in material compliance with Environmental Laws and only in the course of maintenance, renovation, construction, repair and other legitimate business operations at the Property; (c) no Hazardous Materials are presently constructed, deposited, stored, or otherwise located on, under, in or about the Property except in material compliance with Environmental Laws; (d) to Indemnitor’s knowledge, no Hazardous Materials have migrated from the Property upon or beneath other properties which would reasonably be expected to result in material liability for Mortgage Borrower, any Mezzanine Borrower, or Indemnitor; and as permitted by law. (e) to Indemnitor’s knowledgeThe Seller has not received, no Hazardous Materials have migrated actually or threaten to migrate from other properties upon, about or beneath the Property which would reasonably be expected to result in material liability for Mortgage Borrowerconstructively, any Mezzanine Borrowernotification (including request for information directed to the Seller) from any governmental entity or any other person asserting the Seller is or may be a "potentially responsible person" or otherwise liable with respect to a removal or remedial action or the payment of response costs at a waste storage, treatment or disposal facility, pursuant to the provision of the Comprehensive Environmental Response, Compensation and Liability Act, as amended, or Indemnitorany similar federal or state statute assigning responsibility of the costs of investigation or remediating release of contaminants into the environment. (f) As used herein "Hazardous Materials" means those substances defined in or regulated as toxic or hazardous under the following federal statutes and their state counterparts, as well as the statutes' implementation regulations, as amended from time to time: the Hazardous Material Transportation Act; the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation and Liability Act; the Clean Water Act; the Safe Drinking Water Act; the Toxic Substances Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Food Drug, and Cosmetic Act; and the Clean Air Act; and any pollutant, contaminant or toxic or hazardous substance with respect to which a federal, state or local governmental entity having jurisdiction over the Seller requires environmental investigation, monitoring, reporting or remediation.