Environmental Warranties and Representations. In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Contractor warrants and represents that it, and to the best of its knowledge, its subcontractors have not violated and are not in violation of the following sections of the Code (collectively, the Waste Sections): 7-28-390 Dumping on public way;
Environmental Warranties and Representations. Borrower hereby warrants and represents to Lender that (i) the operations of Borrower have complied and currently comply with all Environmental Laws; (ii) none of the operations of Borrower is subject to or, to the best knowledge of Borrower will be subject to any threatened or pending judicial or administrative proceeding alleging the violation of any Environmental Laws; (iii) none of the operations of Borrower is the subject of a federal or state investigation evaluating whether any remedial action is needed to respond to a Release of any Hazardous Material into the environment; (iv) Borrower has not filed any notice under any federal or state law indicating past or present treatment, storage or disposal of a Hazardous Material or reporting a spill or release of a Hazardous Material into the environment; and (v) Borrower has no known liability in connection with any Releases of Hazardous Material into the environment.
Environmental Warranties and Representations. 19 4.3 Automatic Warranty and Reaffirmation of Warranties and Representations..................19 (ii) 4 4.4 Survival of Warranties and Representations..............................................20
Environmental Warranties and Representations. In addition to all representations, warranties and covenants hereinbefore made, Mortgagor represents and warrants that to the best of its knowledge, except in the ordinary course of business or when properly licensed by the appropriate governmental agency, there does not exist on the Mortgaged Property any substance or material which would constitute a hazardous substance, hazardous waste, pollutants or contaminants as those terms are defined by M.S.A. 115B.02 of the "Environmental Response and Liability Act". Mortgagor warrants that neither it nor, to the best of its knowledge, any previous owner or operator of the Mortgaged Property used the property in violation of any State or Federal Environmental Laws, and that no proceedings have been commenced or notices received concerning any alleged violations of such Environmental Laws. Mortgagor further warrants and covenants that all future uses of the Mortgaged Property shall be in full compliance with any relevant Environmental Laws and any clean-up measures required by such law will be completed by Mortgagor in the event of future violations by Mortgagor. The warranties and representations made in this paragraph shall survive foreclosure of the Mortgage and shall run with the Real Estate.
Environmental Warranties and Representations. Landlord warrants and represents to his actual knowledge, there are no hazardous or toxic materials upon or within the Premises or Building. Landlord shall be solely responsible for the cost and timely performance of remediation of any hazardous or toxic materials which were caused by Landlord prior to the commencement of this Lease or during the term of this Lease. Tenant shall not be responsible for the release of any hazardous or toxic material caused by Landlord on the Premises or Building as defined by the following statutes, but not limited thereto, Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); Resource Conversation and Recovery Act (42 X.XX. Section 6901 et seq.); Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.) and all present or future regulations thereto; Department of Transportation Hazardous Materials Table (49 C.F.R. Part 172); and amendments thereto. This Agreement is the entire agreement of the parties and shall replace and supersede all prior arrangements, either oral or written, as to the subject matter hereof. This Agreement cannot be modified or cancelled except by written instrument signed by both parties.
Environmental Warranties and Representations. Landlord represents and warrants that to the best of Landlord’s knowledge upon reasonable investigation as of the Commencement Date of this Lease that (i) neither Landlord, nor any present or previous tenant of the Premises, nor any other third party, has released, used, generated, manufactured, stored or disposed of, on, or under the Premises any hazardous substance, material, chemical or waste in violation of applicable Environmental Regulations; (ii) neither Landlord, nor any present or previous tenant of the Property, nor any other third party, has transported to or from the Premises any flammable explosives, “hazardous waste”, or any other “hazardous substance”, as those terms are defined in applicable Environmental Regulations in violation of applicable Environmental Regulations; (iii) there have been no orders, notices of violation, complaints or other similar communications of alleged or potential violations or failures to comply with applicable Environmental Regulations issued by a governmental agency regarding any acts or omissions upon or affecting the Premises before the date of this Lease; (iv) except as disclosed by Landlord to Tenant and acknowledged by Tenant, Landlord is not aware of the presence on the Premises of any asbestos, polychlorinated biphenyls (PCBs), or other known hazardous substances, material, chemicals or waste (as those terms are defined under applicable Environmental Regulations), xxxxx or underground storage tanks in violation of applicable Environmental Regulations; and (v) Landlord is in compliance with all applicable Environmental Regulations. Landlord shall indemnify, hold harmless and defend Tenant from and against any and all liability, loss, damage or expense (including reasonable attorney’s fees, court costs and cleanup costs, if any) incurred by Tenant in connection with any claim, demand or suit for damages, injunction or other relief to the extent caused by, arising out of or resulting from (i) any breach of Landlord’s representations and warranties contained in this Section 10.23, or (ii) the generation, storage, use, handling, discharge, release or disposal of hazardous substances, chemicals, materials or waste, as those terms are defined under applicable Environmental Regulations, at the Premises, which occurred before the Commencement Date of this Lease, or during the term of this Lease, but only if caused by the acts or omissions of Landlord, or its agents, representatives, or contractors. Tenant covenant...
Environmental Warranties and Representations. All warranties and representations made by the Company relating to environmental matters, including, without limitation, compliance with all Environmental Protection Laws, notices, actions or orders relating to environmental matters and Hazardous Substances are made solely and exclusively in this Section 2.19.
