Hazardous Materials and Environmental Laws. The Partnership acknowledges the existence of certain Hazardous Materials contamination at, in, under or around several of the Projects, consisting variously of soil and/or groundwater contamination and/or the presence of asbestos containing materials, in each case as identified by reports prepared by the Partnership's consultants (the "Identified Contamination"). The consideration to be paid by the Partnership for the Transferors' contribution of the Projects to the Partnership, as set forth herein, in the Closing Statements delivered pursuant to Section 3.2.10 and in the Partner Schedules, has been adjusted to reflect the existence of the Identified Contamination. The Partnership and the Transferors intend that said adjustment in the consideration to be paid by the Partnership constitute a full and final adjustment, as between the Partnership and the Transferors, relating to the existence of all (i) Hazardous Materials and other environmental contamination, and (ii) violations of all Environmental Laws (as hereinafter defined), in each case at, in, under or around the Projects, including without limitation the Identified Contamination. Accordingly, in the event the transactions contemplated by this Contribution Agreement close, and subject to Transferors' representations and warranties contained in this Contribution Agreement, the Partnership hereby (a) waives its right to recover from and fully and irrevocably releases the Transferors and their constituent partners (individually and collectively, the "Released Parties") from any and all claims that the Partnership may now have or hereafter acquire against any of the Released Parties arising from or related to the existence of any (1) Hazardous Materials or other environmental contamination, and (2) violations of all Environmental Laws, in each case at, in, under or around the Projects as of the close of Escrow, including without limitation the Identified Contamination (all of the foregoing claims described in this clause (a) are collectively defined as the "Released Claims"), and (b) agrees not to bring any action against the Released Parties based on any federal, state or local statutory or common law grounds relating to the Released Claims, including without limitation any action seeking contribution or indemnity with respect to liabilities incurred by the Partnership on account of Released Claims as a result of actions initiated against the Partnership by third parties (other than the Released Partie...
Hazardous Materials and Environmental Laws. For purposes of this Agreement, the following terms shall have the meanings set forth below:
Hazardous Materials and Environmental Laws. Seller has not received written notice from any federal, state, county or city governments, or any political, or quasi-political, subdivision, agency, authority, department, court, commission, board, bureau or instrumentality of any of the foregoing asserting jurisdiction over Seller or the Property, (i) that the Property is in violation of any applicable federal, state or municipal law, ordinance or regulation regarding hazardous materials, or (ii) that Seller is in violation of any environmental laws.
Hazardous Materials and Environmental Laws. Tenant shall strictly comply with all Environmental Laws, as hereinafter defined. "
Hazardous Materials and Environmental Laws. If during the Term any Hazardous Materials are used, stored, disposed of, released, spilled, or discharged on or in the Premises or the Improvements in violation of any Environmental Law and such use, storage, disposal, release spill or discharge are not the result of the willful misconduct or gross negligence of Landlord, Tenant will remediate the same in accordance with the requirements of all applicable Environmental Laws. Tenant will be fully responsible for all costs, expenses, damages, and liabilities, including those incurred by Landlord, that may occur from the use, storage, disposal, release, spill, or discharge of Hazardous Materials on or in the Premises or the Improvements during the Term that are not the result of the willful misconduct or gross negligence of Landlord. Tenant will defend, indemnify, and hold harmless Landlord from and against any losses, claims, demands, administrative orders, judicial orders, penalties, fines, liabilities, settlements, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way related to the use, storage, disposal, release, spill, or discharge of any Hazardous Materials in or on the Premises or the Improvements during the Term that are not the result of the willful misconduct or negligence of Landlord.
Hazardous Materials and Environmental Laws. As used in this Section, "Hazardous Substance" means any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea formaldehyde foam insulation, asbestos, PCBs, or any other substances the removal of which is required, or the manufacture, production, generation, use, maintenance, disposal, treatment, storage, transfer, handling or ownership of which is restricted, prohibited, regulated or penalized by any federal, state, county or municipal statutes or laws now or at any time hereafter in effect, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (U.S.C. 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. 2601 et seq.), and the Occupational Safety and Health Act (29 U.S.C. 651 et seq.), as these laws have been amended or supplemented. Tenant shall not use, or knowingly permit others to use the Premises or any other part of the Building or the Complex for the production, generation, manufacture, treatment, transportation, storage or disposal of any Hazardous Substance, except with the prior written consent of Landlord and in compliance with any and all applicable federal, state and local environmental laws, ordinances and regulations. Tenant shall indemnify, defend and hold harmless Landlord, its officers, agents and employees, from and against any and all claims, damages, expenses, penalties, liability and costs, resulting or arising from a breach of the covenant contained in the paragraph above. The provisions of this Section 26.14 shall survive the expiration or termination of this Lease Agreement.
Hazardous Materials and Environmental Laws. The Design-Builder agrees to indemnify and hold each of the Indemnified Parties harmless from and against any and all suits, losses, costs, claims, damages, demands, penalties, fines, settlements, liabilities and expenses (including, without limitation, reasonable attorneys’ fees, court costs and litigation expenses) arising from any negligent or intentional act or omission of the Design-Builder or any of the Design-Builder’s officers, contractors, subcontractors, agents, representatives or employees with respect to (i) any investigation, monitoring, clean-up, containment, removal, storage or restoration work performed by the Authority or a third party with respect to the use or placement of Hazardous Materials (of whatever kind or nature, known or unknown) on the Airport premises or any other areas; (ii) any actual, threatened or alleged contamination by Hazardous Materials on the Airport premises or other areas; (iii) the disposal, release or threatened release of Hazardous Materials on the Airport premises or other areas that is on, from or affects the soil, air, water, vegetation, buildings, personal property, persons or otherwise; (iv) any bodily injury, death or property damage with respect to the use or placement of Hazardous Materials on the Airport premises or other areas; or (v) any violation of any applicable Environmental Laws.
Hazardous Materials and Environmental Laws. Lessee agrees that it will comply fully and promptly with any and all environmental laws, regulations, statutes, ordinances, policies, and orders issued by any Federal, state, county, or local governmental authority; that it will obtain, maintain in full force and effect, and strictly comply with any and all governmental permits, approvals and authorizations necessary for the conduct of its business operations; that it will supply Lessor with copies of any such permits, approvals and authorizations; and that it will promptly notify Lessor and supply Lessor with a copy of any notice of violations of any environmental law, regulation, statute, ordinance, policy, or order Lessor receives. Lessee shall not place within the property any hazardous waste or materials as such materials are defined in RCRA, CERCLA (Super Fund), and North Carolina’s Oil Pollution and Hazardous Substances Control Act, or under any other statute, Federal regulation, state regulation or court interpretation of the same, except with the express consent of the Lessor. Lessor reserves the right to inspect the property for purposes of determining compliance with this paragraph. Should Lessee place hazardous materials or waste on property, he shall become solely responsible for the removal of same, and if Lessor incurs any liability either during the term of this lease and following the termination of same for the removal of hazardous waste or materials, or for damage caused by said hazardous waste or material placed on the premises by Lessee, the Lessee shall be solely responsible to Lessor for those damages, including, but not limited to, the cost of removing said materials and any penalties imposed for having materials on the site. Lessee agrees to indemnify and hold Lessor harmless in regard to any damages which may result from Lessee’s placing said materials on the Premises and for the acts referred to herein.
Hazardous Materials and Environmental Laws. The Debtor represents and warrants to the Secured Party that:
Hazardous Materials and Environmental Laws. Mortgagor shall comply with the provisions of the Financing Agreements respecting Hazardous Materials, Environmental Claims and Environmental Laws.
