Common use of Hazardous Material Clause in Contracts

Hazardous Material. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, 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, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous Material”), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no Hazardous Materials are present, as a result of the actions of the Company or its Subsidiary or any affiliate of the Company, 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 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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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”"HAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s '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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any 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 or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleumoil and petroleum products, toxic mold, urea-urea formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, oror any of its agents, employees or contractors for which the Company is legally liable, or to the Company’s knowledge, 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 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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground ------------------ storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no ------------------ No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s '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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary 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, 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as hazardous substances pursuant to 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, 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”"HAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present in amounts that violate current applicable law as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s '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. Except as would not be reasonably likely Company to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary hasknowledge has not: (i) operated any underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) illegally released any amount of any substance that has been designated by any Governmental Entity or by applicable foreign, federal, state or local law law, rules, regulations or ordinances to be radioactive, a pollutant, contaminant, toxic, hazardous or otherwise a danger to health health, safety or the environment, including, without limitation, PCBs, asbestos, petroleum, toxic mold, and urea-formaldehyde and all substances listed as hazardous substances pursuant to applicable federal, state or local laws, rules, regulations or ordinances, including without 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, and the regulations promulgated pursuant to said laws, laws (a “"Hazardous Material”"), but excluding office and janitorial supplies properly and safely maintained. Except as would Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no been notified of any Hazardous Materials are present, as a result of the actions of the Company or its Subsidiary or any affiliate of the Company, or, to the Company’s knowledge, as a result of any actions of any third party or otherwise, being present 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. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither Neither the Company nor any of its Subsidiary Subsidiaries has: (i) operated any underground storage tanks at any property that the Company or its any Subsidiary has at any time owned, operated, occupied or leased, ; or (ii) released any amount of any substance that has been designated by any Governmental Entity or by applicable foreign, federal, state state, local or local foreign law to be radioactive, a pollutant, contaminant, toxic, hazardous or otherwise a danger to health or the environment, including, including without limitation, limitation PCBs, asbestos, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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 federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws, laws (a “Hazardous Material”"HAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, as a result of the actions of the Company or its Subsidiary or any affiliate of the CompanySubsidiary, or, to the Company’s '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 any 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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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 radioactivea "hazardous substance," "hazardous waste," "hazardous material" or "toxic substance" or words of similar import, a pollutantunder any law, contaminantincluding but not limited to, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, including, without limitation, PCBs, asbestos, oil and petroleum products, urea-formaldehyde (a “"Hazardous Material”"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to To the Company or its SubsidiaryCompany's knowledge, no Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s knowledge, 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 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. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither Neither the Company nor any of its Subsidiary subsidiaries has: (i) operated any underground storage tanks at any property that the Company or any of its Subsidiary subsidiaries has at any time owned, operated, occupied or leased, ; 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 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, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws (a "HAZARDOUS 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, (a “Hazardous Material”), but excluding office and janitorial supplies properly subject to an operations and safely maintainedmaintenance plan implemented in conformance with applicable environmental laws. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate of the Company, or, to the Company’s knowledge'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 Subsidiary subsidiaries 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. Except as would not be reasonably likely to result in a material Liability As of the date hereof, to the Company or its Subsidiaryknowledge ------------------ of the Company, neither the Company nor its Subsidiary has: (i) operated any but without investigation, no underground storage tanks at are present under any property that the Company or any of its Subsidiary subsidiaries has at any time owned, operated, occupied or leased. As of the date hereof, or (ii) released any no material amount of any substance that has been designated by any Governmental Entity 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, petroleum, toxic moldpetroleum products, by-products or breakdown products, radioactive materials, asbestos-containing materials or polychlorinated biphenyls, urea-formaldehyde and all substances listed substances, chemicals or materials listed, defined or regulated as hazardous or toxic substances or as a pollutant, contaminate or waste, 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, and any other Environmental Laws, and the regulations promulgated pursuant to said laws, or any byproduct thereof (any such substance, a “"Hazardous Material”"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary------------------ supplies, no Hazardous Materials are present, as a result of (a) the actions of the Company or any of its Subsidiary subsidiaries or any affiliate of the Company, or, (b) to the Company’s 's knowledge, as a result of any actions of 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 Subsidiary subsidiaries 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. Except as would set forth in Schedule 3.18, each of Parent and Merger Sub has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company Parent or its Subsidiary Merger Sub has at any time owned, operated, occupied or leased, or (ii) . 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 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a “hazardous substances pursuant to 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, 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. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions or omissions of the Company Parent or its Subsidiary Merger Sub, or any affiliate of the Company, or, to the Company’s knowledgeknowledge of 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 or its Subsidiary each of Parent and Merger Sub 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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased. The Company has not, at any time, disposed of, discharged , emitted 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 Law to be radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, a pollutant, contaminant, toxic, hazardous or otherwise a danger to health or the environmentunder any Environmental Laws, including, without limitation, PCBs, asbestos, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous MaterialMaterials”)) so as to contaminate any soil, but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result groundwater, surface water, air or building materials of any property in a material Liability to the Company manner which would legally require remediation, investigation or its Subsidiary, no similar response activity. No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s knowledge, 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 thereof so as to give rise to any material liability or clean-up obligation of the Company or its Subsidiary has at under any time owned, operated, occupied or leasedEnvironmental Laws. The Company “Environmental Laws” means any and its Subsidiary have been and are all Laws relating in compliance with the European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”)any way to pollution , the European Union Directive 2002/95/EC on environment or the restriction protection of human health and worker safety, including, without limitation, the use Comprehensive Environmental Response, Compensation and Liability Act of certain hazardous substances in electrical 1980, as amended, the Resource Conservation and electronic equipment (“RoHS Directive”)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 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 lawOccupational Safety and Health Act of 1970, as amended.

Hazardous Material. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any 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 or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleumoil and petroleum products, toxic mold, urea-urea formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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”)") so as to contaminate any soil, but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result groundwater, surface water, air or building materials of any property in a material Liability to the Company manner which would legally require remediation, investigation or its Subsidiary, no similar response activity. No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, oror any of its agents, to employees or contractors for which the Company’s knowledge, as a result of any actions of any third party or otherwise, Company is legally liable 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 leasedleased so as to contaminate any soil, groundwater, surface water, air or building materials of any property. The Company and its Subsidiary have been and are in compliance with 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 European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”), the European Union Directive 2002/95/EC on the restriction actions or omissions 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 lawthird party.

Hazardous Material. Except as would not be reasonably likely to result in a material Liability to To the Company knowledge of Novadigm, there has been no production, processing, manufacture, generation, treatment, handling, storage or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) released any amount disposal 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, including but not limited to PCBs, asbestos, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous Material”), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in (a material Liability to the Company “Hazardous Material“), at any property that Novadigm or any of its SubsidiarySubsidiaries has at any time owned, no operated, occupied or leased while owned, operated or leased by Novadigm or any of its Subsidiaries; nor are any Hazardous Materials are present, as a result of the actions of the Company or its Subsidiary or any affiliate of the Company, or, to the Company’s knowledge, 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 Subsidiary Subsidiaries has at any time owned, operated, occupied or leased. The Company and its Subsidiary To the knowledge of Novadigm, no underground or aboveground storage tanks, pipes, equipment, facilities, or other appurtenant devices of any kind which have been and or may have been used for the storage, treatment or disposal of a Hazardous Material are in compliance with the European Union Directive 2002/96/EC located at, on waste electrical and electronic equipment (“WEEE Directive”)or under any property or have been removed from any property that Novadigm or any of its Subsidiaries currently owns, the European Union Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (“RoHS Directive”)operates, 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 lawoccupies or leases.

Hazardous Material. Except as would not be reasonably likely to result in a material Liability to the The Company or its Subsidiary, neither the Company nor its Subsidiary hashas not: (i) operated any underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, ; or (ii) released any amount released, in violation of applicable law, rule, regulation, treaty, statute or ordinance, any substance that has been designated by any Governmental Entity or by applicable foreign, federal, state or local law to be is regulated as radioactive, a pollutant, contaminant, toxic, hazardous or otherwise a danger to dangerous by applicable federal, state or local law, ordinance, rule, treaty, statute or 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, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous Material”), but excluding office and janitorial supplies properly and safely maintained. Except as "HAZARDOUS MATERIAL") except for releases that would not reasonably be reasonably likely expected to result in a material Liability to cause the Company or its Subsidiary, no to incur liability under Environmental Law. No Hazardous Materials are present, as a result of the deliberate actions of the Company or its Subsidiary or any affiliate of the Company, or, to the Company’s '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 leased ("Business Facility") 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 any manner that would result in electrical and electronic equipment (“RoHS Directive”), and China’s Administrative Measures for Controlling Pollution by Electronic Information Products (“China RoHS”). Neither liability to the Company nor its Subsidiary currently sells any products for which it is required to pay a waste fee under California lawEnvironmental Law.

Hazardous Material. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and to the Knowledge of the Company there has not existed, at any time, any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleumoil and petroleum products, toxic mold, urea-urea- formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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. Except as would not be reasonably likely to result in a No material Liability to the Company or its Subsidiary, no amounts of any Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s knowledge'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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased. The Company has not, at any time, disposed of, discharged, emitted 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 radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, a pollutant, contaminant, toxic, hazardous or otherwise a danger to health or the environmentunder any Environmental Laws, including, without limitation, PCBs, asbestos, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous Material”)) so as to contaminate any soil, but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result groundwater, surface water, air or building materials of any property in a material Liability to the Company manner which would legally require remediation, investigation or its Subsidiary, no similar response activity. No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s knowledge, 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 thereof so as to give rise to any liability or clean-up obligation of the Company or its Subsidiary has at under any time ownedEnvironmental Laws. “Environmental Laws” means any and all statutes, operated, occupied or leased. The Company laws and its Subsidiary have been and are regulations relating in compliance with the European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”)any way to pollution, the European Union Directive 2002/95/EC on environment or the restriction protection of human health and worker safety, including, without limitation, the use Comprehensive Environmental Response, Compensation and Liability Act of certain hazardous substances in electrical 1980, as amended, the Resource Conservation and electronic equipment (“RoHS Directive”)Recovery Act of 1976, as amended; the Federal Water Pollution Control Act, as amended; the Clean Air Act, as amended, 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 lawOccupational Safety and Health Act of 1970, as amended.

Hazardous Material. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and none of the Class A Stockholders is aware of the existence during the period of the Company’s ownership, operation, occupation or leasehold, of any underground storage tank at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased. The Company has not, at any time, disposed of, discharged, emitted 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 Law to be radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, a pollutantunder any Environmental Laws, contaminant, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, including PCBs, asbestos, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous MaterialMaterials”)) so as to contaminate any soil, but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result groundwater, surface water, air or building materials of any property in a material Liability to the Company manner which would require remediation, investigation or its Subsidiary, no similar response activity under any Law. No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, 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, property that the Company or its Subsidiary 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. The Company “Environmental Laws” means any and its Subsidiary have been and are all Laws relating in compliance with the European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”)any way to pollution, the European Union Directive 2002/95/EC on environment or the restriction protection of human health and worker safety, including 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 lawFlemish Soil Clean-up Statute.

Hazardous Material. Except To Seller's knowledge, except as would not be reasonably likely disclosed in reports regarding environmental condition of the Real Property which have been furnished by Seller to result Buyer and are set forth on EXHIBIT 7.1.6 HERETO, (a) Seller has conducted no activity on the Property involving the generation, treatment, storage or disposal of Hazardous Material except in a material Liability 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 Company 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 its Subsidiarytenant conducted any such activity; (d) Seller has received no written notice of any discharge, neither spill, or disposal of any Hazardous Material on or under the Company 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 its Subsidiary has: is Seller aware of any such violation; (if) operated there are no storage tanks or ▇▇▇▇▇ (other than water ▇▇▇▇▇) located on the Land; and any underground storage tanks at 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 property that locations off the Company Property where Hazardous Material generated by or its Subsidiary has at any time owned, operated, occupied or leased, 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 on the environment, including, without limitation, PCBs, asbestos, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, (a “Hazardous Material”), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no Hazardous Materials are present, as a result of the actions of the Company or its Subsidiary or any affiliate of the Company, 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 its Subsidiary has at any time owned, operated, occupied or leased. The Company and its Subsidiary Property have been and are in compliance with the European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”)treated, the European Union Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (“RoHS Directive”)stored, 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 lawdeposited or disposed of.

Hazardous Material. Except as would not be reasonably likely to result in a material Liability to the The Company or its Subsidiary, neither the Company nor its Subsidiary hashas not: (i) operated any underground storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, ; or (ii) released any amount of any substance that has been designated by any Governmental Entity or by applicable foreign, 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, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, as a result of the deliberate actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s '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. Hazardous Materials Activities. The Company and has not transported, stored, used, manufactured, disposed of, released or exposed its Subsidiary have been and are employees or others to Hazardous Materials in compliance with violation of any law in effect on or before the European Union Directive 2002/96/EC on waste electrical and electronic equipment Closing Date, nor has the Company disposed of, transported, sold, or manufactured any product containing a Hazardous Material (“WEEE Directive”), the European Union Directive 2002/95/EC on the restriction any or all of the use foregoing being collectively referred to as "Hazardous Materials Activities") in violation of certain hazardous substances any rule, regulation, treaty or statute promulgated by any Governmental Entity in electrical and electronic equipment (“RoHS Directive”)effect prior to or as of the date hereof to prohibit, and China’s Administrative Measures for Controlling Pollution by Electronic Information Products (“China RoHS”)regulate or control Hazardous Materials or any Hazardous Material Activity. Neither 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 nor its Subsidiary currently sells in any products for which it is required to pay a waste fee under California lawenvironmental litigation or impose upon the Company any environmental liability.

Hazardous Material. Except as would (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 be reasonably likely to result in been notified that it is potentially liable, (b) has not received any written request for information or other correspondence concerning any site or facility and (c) is not a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, 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, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous substances pursuant to "potentially responsible party" under the Comprehensive Environmental Response, Compensation, 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 1976Act, 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 lawsthe Sellers' knowledge, threatened investigations or proceedings with respect to such Permits. (a “d) Neither the Company nor, to the Sellers' knowledge, any other Person has spilled, disposed of, discharged, buried or released any Hazardous Material”)Materials into, but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely upon, from, over or about the Real Property or any other properties now or, to result in a material Liability 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 Subsidiary, no Leases of real property or otherwise to cleanup or take responsibility for any Hazardous Materials are present, 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 on behalf of the Company with respect to environmental matters at any of its properties or its Subsidiary facilities. (g) To the Sellers' knowledge (i) there are no above or under ground storage tanks located at any affiliate of property currently owned, leased, operated or used by the Company; and (ii) no friable asbestos containing materials or equipment containing polychlorinated biphenyls exist on any property currently owned, orleased, to operated or used by 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 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. Except as would not be reasonably likely to result in a material Liability to Neither Holdings nor the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) has operated any underground storage tanks tanks, and has no knowledge of the existence during the period of its ownership, operation, occupation or leasehold, of any underground storage tank at any property that Holdings or the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . Neither Holdings nor the Company has 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 radioactivea “hazardous substance,” “hazardous waste,” “hazardous material” or “toxic substance” or words of similar import, a pollutantunder any law, contaminantincluding but not limited to, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PCBs, asbestos, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, including, without limitation, PCBs, asbestos, oil and petroleum products and urea-formaldehyde (a “Hazardous MaterialMaterials”), but excluding office and janitorial supplies properly and safely maintained. Except so as would not be reasonably likely to result contaminate any soil, groundwater, surface water, air or building materials of any property in a material Liability to the Company manner which would legally require remediation, investigation or its Subsidiary, no similar response activity. No Hazardous Materials are present, present as a result of the actions or omissions of the Company Holdings or its Subsidiary or any affiliate of the Company, or, to the Company’s knowledge, 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 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 lawLiability.

Hazardous Material. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no Knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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”"HAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s knowledge'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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased. To the Company's knowledge, or (ii) the Company has not released any material 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a "hazardous substances pursuant to 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, or defined as a hazardous waste pursuant to amended ("CERCLA"); the United States Resource Conservation and Recovery Act of 1976, as amendedamended ("RCRA"); the Federal Water Pollution Control Act, as amended ("FWPCA"); the Clean Air Act, as amended ("CAA"), and the regulations promulgated pursuant to said laws, (a “Hazardous Material”), but excluding office equipment and supplies and janitorial supplies properly and safely maintainedmaintained (a "Hazardous Material"). Except as would not be reasonably likely to result in a material Liability to To the Company or its SubsidiaryCompany's knowledge, no Hazardous Materials hazardous materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s '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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and has no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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”"HAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate of the Company, or, to the Company’s '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. Except as would not be reasonably likely to result in a material Liability to set forth on Section 2.13(a) of the Company or its SubsidiaryDisclosure Letter, neither the Company nor its Subsidiary has: (i) operated any no underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) released any amount of any and no substance that has been designated by any Governmental Entity or by applicable foreign, federal, state or local law Environmental Law to be radioactive, a pollutant, contaminant, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, including PCBs, asbestos, airborne mold, petroleum, toxic mold, urea-formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, but excluding office and janitorial supplies (a “Hazardous Material”), but excluding office and janitorial supplies properly and safely maintained. Except as are present (a) in a manner which would not reasonably be reasonably likely expected to result in a material Liability 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 Subsidiary, no Hazardous Materials are present, Subsidiaries as a result of the actions of the Company or any of its Subsidiary Subsidiaries or any affiliate of the Company, or, to the Knowledge of the Company’s knowledge, 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 or its Subsidiary has at any time property previously owned, operated, occupied or leased. The leased by the Company and or any of 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 Subsidiaries as a result of the use actions 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 or any of its Subsidiary currently sells Subsidiaries or any products for which it is required affiliate of the Company, or, to pay 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 waste fee under California lawresult of any actions of any third party.

Hazardous Material. Except as would not be reasonably likely to result in a material Liability to Neither Seller nor the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) ------------------ operated any underground storage tanks at any property that either Seller or the Company or its Subsidiary has at any time owned, operated, occupied or leased, ; or (ii) illegally released any material 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, petroleum, toxic mold, urea-and urea- formaldehyde and all substances listed as hazardous 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, and the regulations promulgated pursuant to said laws, laws (a “"Hazardous Material”"), but excluding office ------------------ and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the deliberate actions of Seller or the Company or its Subsidiary or any affiliate of the Company, or, to Seller's or the Company’s knowledge's Knowledge, 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 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. Except as would The Company has not be reasonably likely to result in a material Liability to the Company or its Subsidiary, neither the Company nor its Subsidiary has: (i) operated any underground storage tanks tanks, and the Company, Ades and Shareholder have no knowledge of the existence, at any time, of any underground storage tank (or related piping or pumps), at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased, or (ii) . The Company has not 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, PCBsPCBS, asbestos, petroleum, toxic moldoil and petroleum products, urea-formaldehyde and all substances listed as a "hazardous substances pursuant to 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, 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, and as amended; the Clean Air Act, as amended, or the regulations promulgated pursuant to said laws, laws (a “"Hazardous Material”"), but excluding office and janitorial supplies properly and safely maintained. Except as would not be reasonably likely to result in a material Liability to the Company or its Subsidiary, no No Hazardous Materials are present, present as a result of the actions of the Company or its Subsidiary or any affiliate omissions of the Company, or, to the Company’s '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 or its Subsidiary has at any time owned, operated, occupied or leased. The Company To the knowledge to the Company, Shareholder 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”)Ades, the European Union Directive 2002/95/EC on subtenant under the restriction sublease pertaining to the Leased Premises has not released any amount 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 lawHazardous Material.