Common use of Hazardous Material Clause in Contracts

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"). No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Except as would not be reasonably likely to result in a material Liability to the Company has not or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased. The Company has not , or (ii) released any amount of any substance that has been designated by any Governmental Entity or by applicable foreign, federal, state or local law to be radioactive, a pollutant, contaminant, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum productspetroleum, urea toxic mold, urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and safely maintained. No Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no Hazardous Materials are present present, as a result of the actions of the Company or omissions its Subsidiary or any affiliate of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company’s knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or its Subsidiary has at any time owned, operated, occupied or leased. The Company and its Subsidiary have been and are in compliance with the European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”), the European Union Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (“RoHS Directive”), and China’s Administrative Measures for Controlling Pollution by Electronic Information Products (“China RoHS”). Neither the Company nor its Subsidiary currently sells any products for which it is required to pay a waste fee under California law.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"). No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Except as would not be reasonably likely to result in a material liability to the Company has not or any of its Subsidiaries, neither the Company nor any of its Subsidiaries has: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company or any of its Subsidiaries has at any time owned, operated, occupied or leased. The Company has not , or (ii) released any amount of any substance that has been designated by any Governmental Entity or by applicable foreign, federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum productspetroleum, urea toxic mold, urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, but excluding office and janitorial supplies properly and safely maintained, (a "“Hazardous Material"”). No Except as would not be reasonably likely to result in a material liability to the Company or any of its Subsidiaries, no Hazardous Materials are present present, as a result of the actions or omissions of the Company, Company or any of its agentsSubsidiaries, employees or contractors for which the Company is legally liableor, or to the knowledge of the Company any other third party Company’s Knowledge, as a result of any actions of any affiliate of the Company or any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of its Subsidiaries has at any time owned, operated, occupied or leased. Neither the Company nor any of its Subsidiaries currently sells any material products for which it is required to pay a waste fee under California law. To the Knowledge of the Company, there are no facts or circumstances likely to prevent or delay the ability of the Company or any of its Subsidiaries to comply in all material respects, when required, with the Restrictions on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (2002/95/EC) Directive and the Waste Electrical and Electronic Equipment Directive (2002/96/EC).

Hazardous Material. The Company has not operated any underground ------------------ storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"). ------------------ No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The To the Company's knowledge, the Company has not released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amendedamended ("CERCLA"); the Resource Conservation and Recovery Act of 1976, as amendedamended ("RCRA"); the Federal Water Pollution Control Act, as amendedamended ("FWPCA"); the Clean Air Act, as amendedamended ("CAA"), and the regulations promulgated pursuant to said laws laws, but excluding office equipment and supplies and janitorial supplies properly and safely maintained (a "Hazardous Material"). No Hazardous Materials To the Company's knowledge, no hazardous materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"). No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. (a) The Company is, and at all times during the last five (5) years has been, in compliance in all material respects with all applicable Environmental Laws. (b) The Company (a) has not operated any underground storage tanksbeen notified that it is potentially liable, and has no knowledge of the existence, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company (b) has not released received any amount of written request for information or other correspondence concerning any substance that has been designated by applicable federal, state site or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil facility and petroleum products, urea formaldehyde and all substances listed as (c) is not a "hazardous substance,potentially responsible party" "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended; , the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, or any similar state or provincial law. (c) The Company has obtained all material Permits and made all material filings which are required by Environmental Laws for the ownership of the Company's property, facilities and assets and the regulations promulgated pursuant operation of the Business, and there are no pending or, to said laws the Sellers' knowledge, threatened investigations or proceedings with respect to such Permits. (a "Hazardous Material"). No d) Neither the Company nor, to the Sellers' knowledge, any other Person has spilled, disposed of, discharged, buried or released any Hazardous Materials are present into, upon, from, over or about the Real Property or any other properties now or, to the Sellers' knowledge formerly, owned, leased, operated or used by the Company or into or upon ground or surface water on any such property (i) which would require or reasonably be expected to require remediation or investigation by the Company; (ii) violate any Environmental Law, including a failure to report; or (iii) constitute grounds for a cost recovery claim by any governmental authority. (e) The Company has not assumed or agreed to any obligation under any of its Leases of real property or otherwise to cleanup or take responsibility for any Hazardous Material which exists on such property other than as a result of the actions Company's operating and occupying such property. (f) Schedule 4.11 lists all site assessments, audits and other investigation reports which have been conducted by or omissions on behalf of the Company, or Company with respect to environmental matters at any of its agents, employees properties or contractors for which facilities. (g) To the Company is legally liable, or to the Sellers' knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on (i) there are no above or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has storage tanks located at any time property currently owned, operatedleased, occupied operated or used by the Company; and (ii) no friable asbestos containing materials or equipment containing polychlorinated biphenyls exist on any property currently owned, leased, operated or used by the Company.

Hazardous Material. The Company has not not: (i) operated any underground storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not ; or (ii) released any amount of any substance that has been designated by any Governmental Entity or by applicable foreign federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum productspetroleum, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; , the Federal Water Pollution Control Act, as amended; , the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"). No Hazardous Materials are present present, as a result of the deliberate actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased. Hazardous Materials Activities. The Company has not transported, stored, used, manufactured, disposed of, released or exposed its employees or others to Hazardous Materials in violation of any law in effect on or before the Closing Date, nor has the Company disposed of, transported, sold, or manufactured any product containing a Hazardous Material (any or all of the foregoing being collectively referred to as "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity. Environmental Liabilities. No action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending, or to the Company's knowledge, threatened concerning any Hazardous Material or any Hazardous Materials Activities of the Company. The Company is not aware of any fact or circumstance which would reasonably be likely to involve the Company in any environmental litigation or impose upon the Company any environmental liability.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existenceexistence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, including, without limitation, PCBs, asbestos, oil and petroleum products, urea-formaldehyde (a "Hazardous Material"). No To the Company's knowledge, no Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any propertyproperty that the Company has at any time owned, operated, occupied or leased, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Neither the Company has not nor any of its Subsidiaries has: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company or any Subsidiary has at any time owned, operated, occupied or leased. The Company has not ; or (ii) released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state state, local or local foreign law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, including without limitation, limitation PCBs, asbestos, oil and petroleum productspetroleum, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. No Hazardous Materials are present present, as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company or any other third party Subsidiary, or, to the Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any Subsidiary has at any time owned, operated, occupied or leased.

Hazardous Material. The Neither Seller nor the Company has not has: (i) ------------------ operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that either Seller or the Company has at any time owned, operated, occupied or leased. The Company has not ; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil petroleum, and petroleum products, urea urea- formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office ------------------ and janitorial supplies properly and safely maintained. No Hazardous Materials are present as a result of the deliberate actions of Seller or omissions of the Company or, to Seller's or the Company's Knowledge, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that Seller or the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge none of the existenceClass A Stockholders is aware of the existence during the period of the Company’s ownership, operation, occupation or leasehold, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not not, at any time, disposed of, discharged, emitted or released any amount of any substance that has been designated by any applicable federal, state or local law Law to be radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, toxicunder any Environmental Laws, hazardous or otherwise a danger to health or the environment, including, without limitation, including PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed (“Hazardous Materials”) so as to contaminate any soil, groundwater, surface water, air or building materials of any property in a "hazardous substance," "hazardous waste," "hazardous material" manner which would require remediation, investigation or "toxic substance" or words of similar import, response activity under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material")Law. No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, property that the Company has at any time owned, operated, occupied or leased, including the land and the improvements and ground water and surface water thereof, so as to give rise to any liability or clean-up obligation of the Company under any Environmental Laws. “Environmental Laws” means any and all Laws relating in any way to pollution, the environment or the protection of human health and worker safety, including the Flemish Soil Clean-up Statute.

Hazardous Material. The Neither Holdings nor the Company has not operated any underground storage tanks, and has no knowledge of the existenceexistence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank or related underground piping, at any property that Holdings or the Company has at any time owned, operated, occupied or leased. The Neither Holdings nor the Company has not released any amount of any substance that has been designated by any applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea formaldehyde and all substances listed as a "“hazardous substance," "” “hazardous waste," "” “hazardous material" ” or "“toxic substance" ” or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, including, without limitation, PCBs, asbestos, oil and petroleum products and urea-formaldehyde (“Hazardous Materials”), so as to contaminate any soil, groundwater, surface water, air or building materials of any property in a "Hazardous Material")manner which would legally require remediation, investigation or similar response activity. No Hazardous Materials are present as a result of the actions or omissions of Holdings or the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any propertyproperty that Holdings or the Company has at any time owned, operated, occupied or leased, including the land and the improvements, ground water and surface water thereof, that the thereof except as would not result in a Company has at any time owned, operated, occupied or leasedLiability.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge Knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"). No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's Knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material")) so as to contaminate any soil, groundwater, surface water, air or building materials of any property in a manner which would legally require remediation, investigation or similar response activity. No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, liable in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leasedleased so as to contaminate any soil, groundwater, surface water, air or building materials of any property. The Company is not legally liable, pursuant to any contract, agreement, undertaking, course of conduct, statute or other legal duty for any Hazardous Materials contamination of any soil, groundwater, surface water, air or building materials of any property resulting from the actions or omissions of any third party.

Hazardous Material. The Company has not operated any underground storage tanks, and has no To the knowledge of the existenceNovadigm, of any underground there has been no production, processing, manufacture, generation, treatment, handling, storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount disposal of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, including but not limited to PCBs, asbestos, oil and petroleum productspetroleum, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, but excluding office and janitorial supplies (a "“Hazardous Material"“). No Hazardous Materials are present as a result of the actions or omissions of the Company, at any property that Novadigm or any of its agentsSubsidiaries has at any time owned, employees operated, occupied or contractors for which the Company is legally liableleased while owned, operated or to the knowledge leased by Novadigm or any of the Company its Subsidiaries; nor are any other third party Hazardous Materials present as a result of any actions of any third party or otherwise, Novadigm in, on or under any property, including the land and the improvementsany improvements thereto, ground water and surface water thereof, that the Company Novadigm or any of its Subsidiaries has at any time owned, operated, occupied or leased. To the knowledge of Novadigm, no underground or aboveground storage tanks, pipes, equipment, facilities, or other appurtenant devices of any kind which have been or may have been used for the storage, treatment or disposal of a Hazardous Material are located at, on or under any property or have been removed from any property that Novadigm or any of its Subsidiaries currently owns, operates, occupies or leases.

Hazardous Material. The Company has not operated any underground storage tanks, and has the Company, Ades and Shareholder have no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBsPCBS, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and or the regulations promulgated pursuant to said laws (a "Hazardous Material"). No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's, Ades' and Shareholder's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased. To the knowledge to the Company, Shareholder and Ades, the subtenant under the sublease pertaining to the Leased Premises has not released any amount of any Hazardous Material.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existenceexistence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not not, at any time, disposed of, discharged, emitted or released any amount of any substance that has been designated by any applicable federal, state or local law to be radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, toxic, hazardous or otherwise a danger to health or the environmentunder any Environmental Laws, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde (“Hazardous Material”) so as to contaminate any soil, groundwater, surface water, air or building materials of any property in a manner which would legally require remediation, investigation or similar response activity. No Hazardous Materials are present as a result of the actions or omissions of the Company, or, as a result of any actions of any third party or otherwise, in, on or under any property that the Company has at any time owned, operated, occupied or leased, including the land and the improvements, ground water and surface water thereof so as to give rise to any liability or clean-up obligation of the Company under any Environmental Laws. “Environmental Laws” means any and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" statutes, laws and regulations relating in any way to pollution, the environment or "toxic substance" or words the protection of similar importhuman health and worker safety, under any lawincluding, including but not limited towithout limitation, the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended; , the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"). No Hazardous Materials are present Occupational Safety and Health Act of 1970, as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leasedamended.

Hazardous Material. The Except as set forth on Section 2.13(a) of the Company has not operated any Disclosure Letter, no underground storage tanks, tanks and has no knowledge of the existence, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Environmental Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, including PCBs, asbestos, oil and petroleum productsairborne mold, urea petroleum, urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, but excluding office and janitorial supplies (a "“Hazardous Material"”). No Hazardous Materials , are present (a) in a manner which would reasonably be expected to result in material liability pursuant to any applicable Environmental Law in, on or under any property currently owned, operated, occupied or leased by the Company or any of its Subsidiaries as a result of the actions of the Company or omissions any of its Subsidiaries or any affiliate of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge Knowledge of the Company any other third party Company, as a result of any actions of any third party party; or otherwise(b) except as would not reasonably be expected to result in a Material Adverse Effect on the Company, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time property previously owned, operated, occupied or leasedleased by the Company or any of its Subsidiaries as a result of the actions of the Company or any of its Subsidiaries or any affiliate of the Company, or, to the Knowledge of the Company, with respect to the period of the Company’s or Subsidiary’s ownership, operation, occupancy or lease of such property, as applicable, as a result of any actions of any third party.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released in violation of applicable law at the time of any such release or which would be in violation of current applicable law if released on the date hereof, any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substanceHAZARDOUS SUBSTANCE," "hazardous wasteHAZARDOUS WASTE," "hazardous materialHAZARDOUS MATERIAL" or "toxic substanceTOXIC SUBSTANCE" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"). No Hazardous Materials are present in amounts that violate current applicable law as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Company to its knowledge has not not: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company has at any time owned, operated, occupied or leased. The Company has not , or (ii) illegally released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law law, rules, regulations or ordinances to be radioactive, toxic, hazardous or otherwise a danger to health health, safety or the environment, including, without limitation, PCBs, asbestos, oil petroleum, and petroleum products, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" substances pursuant to applicable federal, state or "toxic substance" local laws, rules, regulations or words of similar import, under any lawordinances, including but not limited towithout limitation, the Comprehensive THE SYMBOL "[***]" IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and safely maintained. No Company has not been notified of any Hazardous Materials are being present as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge of the existenceexistence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not not, at any time, disposed of, discharged , emitted or released any amount of any substance that has been designated by any applicable federal, state or local law Law to be radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, toxic, hazardous or otherwise a danger to health or the environmentunder any Environmental Laws, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde (“Hazardous Materials”) so as to contaminate any soil, groundwater, surface water, air or building materials of any property in a manner which would legally require remediation, investigation or similar response activity. No Hazardous Materials are present as a result of the actions or omissions of the Company, or, as a result of any actions of any third party or otherwise, in, on or under any property that the Company has at any time owned, operated, occupied or leased, including the land and the improvements, ground water and surface water thereof so as to give rise to any material liability or clean-up obligation of the Company under any Environmental Laws. “Environmental Laws” means any and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" Laws relating in any way to pollution , the environment or "toxic substance" or words the protection of similar importhuman health and worker safety, under any lawincluding, including but not limited towithout limitation, the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended; , the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"). No Hazardous Materials are present Occupational Safety and Health Act of 1970, as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leasedamended.

Hazardous Material. The Company To Seller's knowledge, except as disclosed in reports regarding environmental condition of the Real Property which have been furnished by Seller to Buyer and are set forth on EXHIBIT 7.1.6 HERETO, (a) Seller has not operated conducted no activity on the Property involving the generation, treatment, storage or disposal of Hazardous Material except in compliance with Legal Requirements; (b) no portion of the Property is now being used or to Seller's knowledge has ever been used to treat, store, generate or dispose of Hazardous Material, excepting for those materials ordinarily and customarily used, stored, present, or handled in the regular operation of the Property in the ordinary course of business and in compliance with all Legal Requirements; (c) Seller has received no written notice that any previous owner or tenant conducted any such activity; (d) Seller has received no written notice of any discharge, spill, or disposal of any Hazardous Material on or under the Property; (e) Seller has received no written notice from any Governmental Authority or any other party of any Hazardous Material violations concerning the Property or any portion thereof, nor is Seller aware of any such violation; (f) there are no storage tanks or ▇▇▇▇▇ (other than water ▇▇▇▇▇) located on the Land; and any underground storage tankstanks previously removed from the Property were removed in accordance with all applicable Legal Requirements; and (g) Seller has received no written notice as to any locations off the Property where Hazardous Material generated by or on the Property have been treated, and has no knowledge of the existencestored, of any underground storage tank deposited or related underground piping, at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"). No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leaseddisposed of.

Hazardous Material. The Company has not not: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount ; or (ii) released, in violation of applicable law, rule, regulation, treaty, statute or ordinance, any substance that has been designated is regulated as radioactive, toxic, hazardous or otherwise dangerous by applicable federal, state or local law to be radioactivelaw, toxicordinance, hazardous rule, treaty, statute or otherwise a danger to regulation promulgated in connection with the protection of health or the environmentenvironment ("ENVIRONMENTAL LAW"), excluding office and janitorial supplies properly and safely maintained, and including, without limitation, PCBs, asbestos, oil and petroleum productspetroleum, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL")) except for releases that would not reasonably be expected to cause the Company to incur liability under Environmental Law. No Hazardous Materials are present present, as a result of the deliberate actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leasedleased ("Business Facility") in any manner that would result in liability to the Company under Environmental Law.

Hazardous Material. The Neither the Company has not nor any Subsidiary has: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company or any Subsidiary has at any time owned, operated, occupied or leased. The Company has not ; or (ii) released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum productspetroleum, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. No Hazardous Materials are present present, as a result of the actions or omissions of the Company, or any of its agents, employees or contractors for which the Company is legally liable, or to the knowledge of the Company or any other third party Subsidiary, or, to the Company's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any Subsidiary has at any time owned, operated, occupied or leased.

Hazardous Material. The Company Except as set forth in Schedule 3.18, each of Parent and Merger Sub has not operated any underground storage tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company Parent or Merger Sub has at any time owned, operated, occupied or leased. The Company Each of Parent and Merger Sub has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea-formaldehyde and all substances listed as a "“hazardous substance," "” “hazardous waste," "” “hazardous material" ” or "“toxic substance" ” or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws laws, (a "“Hazardous Material"”). No Hazardous Materials are present as a result of the actions or omissions of the Company, Parent or any of its agents, employees or contractors for which the Company is legally liableMerger Sub, or to the knowledge of the Company any other third party Parent and Merger Sub, as a result of any actions of any third party or otherwise, otherwise in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company each of Parent and Merger Sub has at any time owned, operated, occupied or leased.

Hazardous Material. The Neither the Company has not nor any of its subsidiaries has: (i) operated any underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, tanks at any property that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased. The Company has not ; or (ii) illegally released in violation of applicable law any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum productspetroleum, urea urea-formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL")) ; provided, however, that such term shall not be deemed to include (a) limited quantities of substances typically used and reasonably necessary for the ordinary operation and maintenance of any real property, so long as such substances are used, transported, stored and handled in accordance with applicable environmental laws; (b) oil, petroleum, petroleum fractions or petroleum derived substances used for purposes of heating or providing emergency power for any real property, so long as such substances are used, transported, stored and handled in accordance with applicable environmental laws; or (c) asbestos containing materials or urea formaldehyde foam in a non-friable condition or properly encapsulated as permitted by environmental laws, and subject to an operations and maintenance plan implemented in conformance with applicable environmental laws. No Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's Knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any As of the date hereof, to the knowledge ------------------ of the Company, but without investigation, no underground storage tanks, and has no knowledge of the existence, of any underground storage tank or related underground piping, at tanks are present under any property that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased. The Company has not released any As of the date hereof, no material amount of any substance that has been designated by any governmental entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum, petroleum products, urea by-products or breakdown products, radioactive materials, asbestos-containing materials or polychlorinated biphenyls, urea-formaldehyde and all substances, chemicals or materials listed, defined or regulated as hazardous or toxic substances listed or as a "hazardous substance," "hazardous pollutant, contaminate or waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; , or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amendedand any other Environmental Laws, and the regulations promulgated pursuant to said laws laws, or any byproduct thereof (any such substance, a "Hazardous Material"). No Hazardous Materials , but excluding office and janitorial ------------------ supplies, are present present, as a result of (a) the actions or omissions of the Company, Company or any of its agents, employees subsidiaries or contractors for which the Company is legally liable, or (b) to the knowledge of the Company any other third party as a result of any actions of Company's knowledge, any third party party's actions or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereofwater, that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased.

Hazardous Material. The Company has not operated any underground storage tanks, and has no knowledge to the Knowledge of the existenceCompany there has not existed, of at any time, any underground storage tank (or related underground pipingpiping or pumps), at any property that the Company has at any time owned, operated, occupied or leased. The Company has not released any amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, oil and petroleum products, urea urea- formaldehyde and all substances listed as a "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, under any law, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"). No material amounts of any Hazardous Materials are present as a result of the actions or omissions of the Company, or any of its agentsor, employees or contractors for which the Company is legally liable, or to the knowledge of the Company any other third party Company's Knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.