Common use of Hazardous Materials; Environmental Matters Clause in Contracts

Hazardous Materials; Environmental Matters. Except for the disclosures made in any of the environmental reports or other information delivered to Buyer on a timely basis as required by Section 6.2, or otherwise obtained by Buyer (all of which disclosures have been fully, completely addressed and properly remediated in accordance with all applicable local, state and federal statutes, regulations, ordinances, rules and orders), Seller has not received any written notice of violation of any federal, state or local law, code, ordinance, regulation, rule or order with respect to any of the conditions described in this Section 8(h). To the best of Seller’s knowledge, no portion of the Property has ever been used as a landfill or as a dump to receive garbage, refuse, waste, or fill material (“Refuse”) whether or not hazardous, which Refuse has not been fully, completely addressed and properly remediated in accordance with all applicable local, state, and federal statutes, regulations, ordinances, rules and orders. To the best of Seller’s knowledge, there are and have been no Hazardous Substances (as hereinafter defined) located upon, stored, handled, installed, or disposed in, on or about the Property during Seller’s ownership of the Property, excluding only such quantities of (a) motor oil, (b) gasoline, (c) other petroleum products, (d) agricultural fertilizers, (e) pesticides, (f) herbicides, and (g) other chemicals (the “Farm Chemicals”) reasonably necessary for the growing and maintenance of crops, and, at all times during Seller’s ownership of the Property the Farm Chemicals have been stored and maintained in accordance with manufacturer recommendations and in accordance with all federal, state and local laws, codes, regulations and ordinances. As used in this Agreement, the term “Hazardous Substances” means any materials, waste, contaminates, pollutants, or other substances which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, caustic, or contain petroleum products or by-products, asbestos, heavy metals, or are defined as toxic, dangerous to health or otherwise hazardous by reference to the following sources as amended from time to time: (i) the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (“RCRA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; (iii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); (iv) applicable laws of the respective jurisdictions where the Parcels are located; and (v) any federal, state or local statutes, regulations, ordinances, rules or orders issued or promulgated under or pursuant to any of those laws or otherwise by any department, agency or other administrative, regulatory or judicial body. To the best of Seller’s knowledge, Seller and the Property have all governmental or quasi-governmental licenses, use agreements, and permits required by all governmental and quasi-governmental agencies with jurisdiction over the Property. To the best of Seller’s knowledge, Seller and the Property are in compliance with all regulations and provisions of all governmental of quasi-governmental agencies with jurisdiction over the Property, including without limitation, those of, or that are enforced by the local Air Pollution Control District with respect to the Property and its operation, including without limitation, the Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Section 93115 of Title 17 of the California Code of Regulations) and Senate Xxxx 700. During the course of its ownership of the Land, and to the best of Seller’s knowledge, at no time prior, has any party, including Seller, operated a Confined Animal Facility (as defined by the California Air Resources Board) on the Land.

Appears in 3 contracts

Samples: Ranches Purchase and Sale Agreement and Joint Escrow Instructions, Ranches Purchase and Sale Agreement and Joint Escrow Instructions (American Farmland Co), Purchase and Sale Agreement and Joint Escrow Instructions (American Farmland Co)

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Hazardous Materials; Environmental Matters. Except With respect to the Property, to Buyer’s knowledge and except for the disclosures made matters disclosed in any of the environmental reports and studies that Seller provided as part of the Property Information or other information delivered to that Buyer on a timely basis as required by Section 6.2obtains during the Due Diligence Period, or otherwise obtained by Buyer (all of which disclosures have been fully, completely addressed and properly remediated i) the Property is in accordance material compliance with all applicable local, state and federal statutes, regulations, ordinances, rules and orders), Seller has not received any written notice of violation of any federal, state or local law, code, ordinance, regulation, rule or order with respect to any of the conditions described in this Section 8(h). To the best of Seller’s knowledge, no portion of the Property has ever been used as a landfill or as a dump to receive garbage, refuse, waste, or fill material (“Refuse”) whether or not hazardous, which Refuse has not been fully, completely addressed and properly remediated in accordance with all applicable local, state, and federal statutes, regulations, ordinances, rules and orders. To the best of Seller’s knowledge, there are and have been no Hazardous Substances (as hereinafter defined) located upon, stored, handled, installed, or disposed in, on or about the Property during Seller’s ownership of the Property, excluding only such quantities of (a) motor oil, (b) gasoline, (c) other petroleum products, (d) agricultural fertilizers, (e) pesticides, (f) herbicides, and (g) other chemicals (the “Farm Chemicals”) reasonably necessary for the growing and maintenance of crops, and, at all times during Seller’s ownership of the Property the Farm Chemicals have been stored and maintained in accordance with manufacturer recommendations and in accordance with all federal, state and local lawslaws and regulation relating to environmental contamination, codesincluding, without limitation, all laws and regulations governing the generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of hazardous materials (as defined below) and ordinances. As used in this Agreementall laws and regulations with regard to record keeping, notification and reporting requirements respecting hazardous materials (as defined below); (ii) Buyer has not caused or authorized, and does not have knowledge of, the term “Hazardous Substances” means presence or release or threat of release of any materialshazardous material in, wasteon, contaminates, pollutantsunder, or other substances which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, causticmigrating to or from the Property, or contain petroleum products received any notice or by-productsother information, asbestoswhether written or oral from any governmental agency or authority or any other entity or individual, heavy metalswhether governmental or private, concerning or are defined as toxic, dangerous to health alleging any liability of the Buyer or otherwise hazardous by reference other persons or entities with respect to the following sources as amended environmental condition of the Property; and (iii) there are no present facts or existing circumstances that could form the basis for the assertion of any claim against Buyer or the Property relating to environmental matters, including, without limitation, any claim arising from time to time: past or present environmental practices asserted under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (i) “CERCLA”), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (“RCRA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; (iii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); (iv) applicable laws of the respective jurisdictions where the Parcels are located; and (v) or any other federal, state or local statutesenvironmental statute. For purposes of this paragraph, regulationsthe term “hazardous materials” means materials defined as “hazardous substances”, ordinances“hazardous wastes” or “solid wastes” in CERCLA, rules RCRA or orders issued in any similar federal, state or promulgated local environmental statute (provided, that the term “hazardous materials” will not be deemed to include any cleaning products and/or other materials which may be hazardous materials under or pursuant to any applicable environmental laws but are customarily used in the operation and maintenance of those laws or otherwise by any department, agency or other administrative, regulatory or judicial body. To the best of Seller’s knowledge, Seller office and the Property have all governmental or quasi-governmental licenses, use agreements, industrial property and permits required by all governmental and quasi-governmental agencies with jurisdiction over the Property. To the best of Seller’s knowledge, Seller and the Property are in compliance ordinary quantities and used in accordance with all regulations and provisions of all governmental of quasi-governmental agencies with jurisdiction over the Property, including without limitation, those of, or that are enforced by the local Air Pollution Control District with respect to the Property and its operation, including without limitation, the Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Section 93115 of Title 17 of the California Code of Regulations) and Senate Xxxx 700. During the course of its ownership of the Land, and to the best of Seller’s knowledge, at no time prior, has any party, including Seller, operated a Confined Animal Facility (as defined by the California Air Resources Board) on the Land.applicable environmental laws);

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (Nu Skin Enterprises Inc), Real Estate Purchase and Sale Agreement (Nu Skin Enterprises Inc)

Hazardous Materials; Environmental Matters. Except for XLI and the disclosures made in any XLI Subsidiaries to the best of the environmental reports or other information delivered to Buyer on a timely basis as required by Section 6.2, or otherwise XLI's knowledge (i) have obtained by Buyer (all of which disclosures have been fully, completely addressed and properly remediated in accordance with all applicable localpermits, state licenses and federal statutes, regulations, ordinances, rules and orders), Seller has not received any written notice of violation of any federalother authorizations which are required under Federal, state or local law, code, ordinance, regulation, rule laws relating to pollution or order with respect to any protection of the conditions described in this Section 8(h). To the best environment, including laws relating to emissions, discharges, releases or threatened releases of Seller’s knowledgepollutants, no portion of the Property has ever been used as a landfill or as a dump to receive garbage, refuse, wastecontaminants, or fill material (“Refuse”) whether hazardous or not hazardoustoxic materials or wastes into ambient air, which Refuse has not been fullysurface water, completely addressed and properly remediated in accordance with all applicable local, state, and federal statutes, regulations, ordinances, rules and orders. To the best of Seller’s knowledge, there are and have been no Hazardous Substances (as hereinafter defined) located upon, stored, handled, installedground water or land, or disposed inotherwise relating to the manufacture, on processing, distribution, use, treatment, storage, disposal, transport or about the Property during Seller’s ownership handling of the Property, excluding only such quantities of (a) motor oil, (b) gasoline, (c) other petroleum products, (d) agricultural fertilizers, (e) pesticides, (f) herbicides, and (g) other chemicals (the “Farm Chemicals”) reasonably necessary for the growing and maintenance of crops, and, at all times during Seller’s ownership of the Property the Farm Chemicals have been stored and maintained in accordance with manufacturer recommendations and in accordance with all federal, state and local laws, codes, regulations and ordinances. As used in this Agreement, the term “Hazardous Substances” means any materials, waste, contaminates, pollutants, contaminants or other substances which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, caustic, hazardous or contain petroleum products toxic materials or by-products, asbestos, heavy metals, wastes by XLI or are defined as toxic, dangerous to health the XLI Subsidiaries (or otherwise hazardous by reference to the following sources as amended from time to time: (i) the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (“RCRA”their respective agents); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; (iii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); (iv) applicable laws of the respective jurisdictions where the Parcels are located; and (v) any federal, state or local statutes, regulations, ordinances, rules or orders issued or promulgated under or pursuant to any of those laws or otherwise by any department, agency or other administrative, regulatory or judicial body. To the best of Seller’s knowledge, Seller and the Property have all governmental or quasi-governmental licenses, use agreements, and permits required by all governmental and quasi-governmental agencies with jurisdiction over the Property. To the best of Seller’s knowledge, Seller and the Property are in compliance with all regulations terms and provisions conditions of such required permits, licenses and authorizations, and also are in compliance with all governmental other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in such laws or contained in any regulation, code, plan, order, decree, judgment, notice or demand letter issued, entered, promulgated or approved thereunder; (iii) as of quasi-governmental agencies the date hereof, are not aware of nor have received notice of any event, condition, circumstance, activity, practice, incident, action or plan which is reasonably likely to interfere with jurisdiction over the Property, including without limitation, those ofor prevent continued compliance or which would give rise to any common law or statutory liability, or that are enforced otherwise form the basis of any claim, action, suit or proceeding, based on or resulting from XLI's or any of XLI's Subsidiaries (or any of their respective agents) manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling, or the emission, discharge or release into the environment, of any pollutant, contaminant, or hazardous or toxic material or waste; and (iv) have taken all actions necessary under applicable requirements of Federal, state or local laws, rules or regulations to register any products or materials required to be registered by XLI or the local Air Pollution Control District with respect to the Property and its operation, including without limitation, the Airborne Toxic Control Measure for Stationary Compression Ignition Engines XLI Subsidiaries (Section 93115 or any of Title 17 of the California Code of Regulationstheir respective agents) and Senate Xxxx 700. During the course of its ownership of the Land, and to the best of Seller’s knowledge, at no time prior, has any party, including Seller, operated a Confined Animal Facility (as defined by the California Air Resources Board) on the Landthereunder.

Appears in 2 contracts

Samples: Plan of Reorganization and Agreement (Oak Technology Inc), Agreement and Plan of Reorganization (Xerographic Laser Images Corp /De/)

Hazardous Materials; Environmental Matters. Except With respect to the Property, to Seller’s knowledge and except for the disclosures made matters disclosed in any of the environmental reports and studies that Seller provided as part of the Property Information or other information delivered to that Buyer on a timely basis as required by Section 6.2obtains during the Due Diligence Period, or otherwise obtained by Buyer (all of which disclosures have been fully, completely addressed and properly remediated i) the Property is in accordance material compliance with all applicable local, state and federal statutes, regulations, ordinances, rules and orders), Seller has not received any written notice of violation of any federal, state or local law, code, ordinance, regulation, rule or order with respect to any of the conditions described in this Section 8(h). To the best of Seller’s knowledge, no portion of the Property has ever been used as a landfill or as a dump to receive garbage, refuse, waste, or fill material (“Refuse”) whether or not hazardous, which Refuse has not been fully, completely addressed and properly remediated in accordance with all applicable local, state, and federal statutes, regulations, ordinances, rules and orders. To the best of Seller’s knowledge, there are and have been no Hazardous Substances (as hereinafter defined) located upon, stored, handled, installed, or disposed in, on or about the Property during Seller’s ownership of the Property, excluding only such quantities of (a) motor oil, (b) gasoline, (c) other petroleum products, (d) agricultural fertilizers, (e) pesticides, (f) herbicides, and (g) other chemicals (the “Farm Chemicals”) reasonably necessary for the growing and maintenance of crops, and, at all times during Seller’s ownership of the Property the Farm Chemicals have been stored and maintained in accordance with manufacturer recommendations and in accordance with all federal, state and local lawslaws and regulation relating to environmental contamination, codesincluding, without limitation, all laws and regulations governing the generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of hazardous materials (as defined below) and ordinances. As used in this Agreementall laws and regulations with regard to record keeping, notification and reporting requirements respecting hazardous materials (as defined below); (ii) Seller has not caused or authorized, and does not have knowledge of, the term “Hazardous Substances” means presence or release or threat of release of any materialshazardous material in, wasteon, contaminates, pollutantsunder, or other substances which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, causticmigrating to or from the Property, or contain petroleum products received any notice or by-productsother information, asbestoswhether written or oral from any governmental agency or authority or any other entity or individual, heavy metalswhether governmental or private, concerning or are defined as toxic, dangerous to health alleging any liability of the Seller or otherwise hazardous by reference other persons or entities with respect to the following sources as amended environmental condition of the Property or any adjacent property; and (iii) there are no present facts or existing circumstances that could form the basis for the assertion of any claim against Seller or the Property relating to environmental matters, including, without limitation, any claim arising from time to time: past or present environmental practices asserted under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (i) “CERCLA”), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (“RCRA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; (iii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); (iv) applicable laws of the respective jurisdictions where the Parcels are located; and (v) or any other federal, state or local statutesenvironmental statute. For purposes of this paragraph, regulationsthe term “hazardous materials” means materials defined as “hazardous substances”, ordinances“hazardous wastes” or “solid wastes” in CERCLA, rules RCRA or orders issued in any similar federal, state or promulgated local environmental statute (provided, that the term “hazardous materials” will not be deemed to include any cleaning products and/or other materials which may be hazardous materials under or pursuant to any applicable environmental laws but are customarily used in the operation and maintenance of those laws or otherwise by any department, agency or other administrative, regulatory or judicial body. To the best of Seller’s knowledge, Seller office and the Property have all governmental or quasi-governmental licenses, use agreements, industrial property and permits required by all governmental and quasi-governmental agencies with jurisdiction over the Property. To the best of Seller’s knowledge, Seller and the Property are in compliance ordinary quantities and used in accordance with all regulations and provisions of all governmental of quasi-governmental agencies with jurisdiction over the Property, including without limitation, those of, or that are enforced by the local Air Pollution Control District with respect to the Property and its operation, including without limitation, the Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Section 93115 of Title 17 of the California Code of Regulations) and Senate Xxxx 700. During the course of its ownership of the Land, and to the best of Seller’s knowledge, at no time prior, has any party, including Seller, operated a Confined Animal Facility (as defined by the California Air Resources Board) on the Land.applicable environmental laws);

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (Nu Skin Enterprises Inc), Real Estate Purchase and Sale Agreement (Nu Skin Enterprises Inc)

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Hazardous Materials; Environmental Matters. Except for the disclosures made in any of the environmental reports or other information delivered to Buyer on a timely basis as required by Section 6.2, or otherwise obtained by Buyer (all of which disclosures have been fully, completely addressed and properly remediated in accordance with all applicable local, state and federal statutes, regulations, ordinances, rules and orders), Seller has not received any written notice of violation of any federal, state or local law, code, ordinance, regulation, rule or order with respect to any of the conditions described in this Section 8(h). To the best of Seller’s knowledge, no portion of the Property has ever been used as a landfill or as a dump to receive garbage, refuse, waste, or fill material (“Refuse”) whether or not hazardous, which Refuse has not been fully, completely addressed and properly remediated in accordance with all applicable local, state, and federal statutes, regulations, ordinances, rules and orders. To the best of Seller’s knowledge, there are and have been no Hazardous Substances (as hereinafter defined) located upon, stored, handled, installed, or disposed in, on or about the Property during Seller’s ownership of the Property, excluding only such quantities of (a) motor oil, (b) gasoline, (c) other petroleum products, (d) agricultural fertilizers, (e) pesticides, (f) herbicides, and (g) other chemicals (the “Farm Chemicals”) reasonably necessary for the growing and maintenance of crops, and, at all times during Seller’s ownership of the Property the Farm Chemicals have have, or Seller’s knowledge, been stored and maintained in accordance with manufacturer recommendations and in accordance with all federal, state and local laws, codes, regulations and ordinances. As used in this Agreement, the term “Hazardous Substances” means any materials, waste, contaminates, pollutants, or other substances which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, caustic, or contain petroleum products or by-products, asbestos, heavy metals, or are defined as toxic, dangerous to health or otherwise hazardous by reference to the following sources as amended from time to time: (i) the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (“RCRA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; (iii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); (iv) applicable laws of the respective jurisdictions where the Parcels are located; and (v) any federal, state or local statutes, regulations, ordinances, rules or orders issued or promulgated under or pursuant to any of those laws or otherwise by any department, agency or other administrative, regulatory or judicial body. To the best of Seller’s knowledge, Seller and the Property have all governmental or quasi-governmental licenses, use agreements, and permits required by all governmental and quasi-governmental agencies with jurisdiction over the Property. To the best of Seller’s knowledge, Seller and the Property are in compliance with all regulations and provisions of all governmental of quasi-governmental agencies with jurisdiction over the Property, including without limitation, those of, or that are enforced by the local Air Pollution Control District with respect to the Property and its operation, including without limitation, the Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Section 93115 of Title 17 of the California Code of Regulations) and Senate Xxxx 700. During the course of its ownership of the Land, and to the best of Seller’s knowledge, at no time prior, has any party, including Seller, operated a Confined Animal Facility (as defined by the California Air Resources Board) on the Land.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Limoneira CO)

Hazardous Materials; Environmental Matters. Except With respect to the Property, to Buyer’s knowledge and except for the disclosures made matters disclosed in any of the environmental reports and studies that Seller provided as part of the Property Information or other information delivered to that Buyer on a timely basis as required by Section 6.2obtains during the Due Diligence Period, or otherwise obtained by Buyer (all of which disclosures have been fully, completely addressed and properly remediated i) the Property is in accordance material compliance with all applicable local, state and federal statutes, regulations, ordinances, rules and orders), Seller has not received any written notice of violation of any federal, state or local law, code, ordinance, regulation, rule or order with respect to any of the conditions described in this Section 8(h). To the best of Seller’s knowledge, no portion of the Property has ever been used as a landfill or as a dump to receive garbage, refuse, waste, or fill material (“Refuse”) whether or not hazardous, which Refuse has not been fully, completely addressed and properly remediated in accordance with all applicable local, state, and federal statutes, regulations, ordinances, rules and orders. To the best of Seller’s knowledge, there are and have been no Hazardous Substances (as hereinafter defined) located upon, stored, handled, installed, or disposed in, on or about the Property during Seller’s ownership of the Property, excluding only such quantities of (a) motor oil, (b) gasoline, (c) other petroleum products, (d) agricultural fertilizers, (e) pesticides, (f) herbicides, and (g) other chemicals (the “Farm Chemicals”) reasonably necessary for the growing and maintenance of crops, and, at all times during Seller’s ownership of the Property the Farm Chemicals have been stored and maintained in accordance with manufacturer recommendations and in accordance with all federal, state and local lawslaws and regulation relating to environmental contamination, codesincluding, without limitation, all laws and regulations governing the generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of hazardous materials (as defined below) and ordinances. As used in this Agreementall laws and regulations with regard to record keeping, notification and reporting requirements respecting hazardous materials (as defined below); (ii) Buyer has not caused or authorized, and does not have knowledge of, the term “Hazardous Substances” means presence or release or threat of release of any materialshazardous material in, wasteon, contaminates, pollutantsunder, or other substances which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, causticmigrating to or from the Property, or contain petroleum products received any notice or by-productsother information, asbestoswhether written or oral from any governmental agency or authority or any other entity or individual, heavy metalswhether governmental or private, concerning or are defined as toxic, dangerous to health alleging any liability of the Buyer or otherwise hazardous by reference other persons or entities with respect to the following sources as amended environmental condition of the Property; and (iii) there are no present facts or existing circumstances that could form the basis for the assertion of any claim against Buyer or the Property relating to environmental matters, including, without limitation, any claim arising from time to time: past or present environmental practices asserted under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (i) “CERCLA”), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (“RCRA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; (iii) the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); (iv) applicable laws of the respective jurisdictions where the Parcels are located; and (v) or any other federal, state or local statutesenvironmental statute. For purposes of this paragraph, regulationsthe term “hazardous materials” means materials defined as “hazardous substances”, ordinances“hazardous wastes” or “solid wastes” in CERCLA, rules RCRA or orders issued in any similar federal, state or promulgated local environmental statute (provided, that the term “hazardous materials” will not be deemed to include any cleaning products and/or other materials which may be hazardous materials under applicable environmental laws but are customarily used in the operation and maintenance of office and industrial property and are in ordinary quantities and used in accordance with all applicable environmental laws); (f) Defects. Buyer has no knowledge of any existing and material physical or pursuant to any of those laws mechanical defects, adverse physical or otherwise by any department, agency environmental conditions or other administrativeadverse matters affecting the Property; (g) Special Proceedings, regulatory or judicial bodyNotices of Violation. To the best of SellerThere is not now pending nor, to Buyer’s knowledge, Seller and are there any proposed or threatened proceedings for the Property have all governmental or quasi-governmental licenses, use agreements, and permits required by all governmental and quasi-governmental agencies with jurisdiction over the Property. To the best rezoning of Seller’s knowledge, Seller and the Property are in compliance with all regulations and provisions of all governmental of quasi-governmental agencies with jurisdiction over the Property, including without limitationor any portion thereof, those of, or that are enforced by the local Air Pollution Control District with respect known to Buyer. Buyer has no knowledge of any existing and material violation of any zoning, subdivision, environmental, hazardous waste, building code, health, fire, safety or other law, order, ordinance or regulation relating to the Property and its operationmaintenance, including without limitation, the Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Section 93115 of Title 17 operation or use of the California Code of Regulations) and Senate Xxxx 700. During the course of its ownership of the LandProperty, and to the best has received no written notice of Seller’s knowledge, at no time prior, has any party, including Seller, operated a Confined Animal Facility such purported violation; (as defined by the California Air Resources Board) on the Land.h)

Appears in 1 contract

Samples: Joint Development Agreement

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