Hazardous Substances/Storage Tanks Clause Samples

Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank.

Hazardous Substances/Storage Tanks. To Seller’s knowledge, except as otherwise set forth in the environmental studies, reports or investigations (i) provided by Seller to Buyer as part of the Due Diligence Items, if any; and (ii) conducted by or on behalf of Buyer as part of the Inspections hereunder, (a) Seller has not received written notice of any uncured violation of any federal, state or local law, ordinance or regulation relating to Hazardous Materials (as hereinafter defined) in, at, or on the Real Property, (b) there are no above or below ground storage tanks at the Property, and (c) Seller has not received written notice that any operations or activities upon, or use or occupancy of, the Property, or any portion thereof, by the Tenants is in violation of any federal, state and locals laws, ordinances or regulations relating Hazardous Materials. The term “Hazardous Materials” shall mean, without limitation, any substance, chemical, waste or other material which is listed, defined or otherwise identified as “hazardous” or “toxic” under any federal, state, local or administrative agency ordinance or law.

Hazardous Substances/Storage Tanks. Seller has no knowledge or notice, except as otherwise disclosed to Buyer in writing, of the existence or prior existence of, or the presence in, on, or under the Property or in, on or about any property adjacent to, or in the immediate vicinity of the Property, of any Hazardous Substance (as defined in paragraph 6.1(c) and further defined in this paragraph, below) nor of the existence or prior existence of any above or below ground storage tank or tanks. Seller, to the best of Seller's knowledge, is delivering the Property to Buyer free of any hazardous substances. Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint or other formal or informal notice alleging that conditions on the Property are or have been in violation of any environmental law. Seller has no notice or knowledge of any proceeding, investigation or inquiry by any governmental authority (including without limitation the Environmental Protection Agency or the California State Department of Health Services) with respect to the presence of such Hazardous Materials on the Property or their migration from or to other property. For purposes of this Agreement, Hazardous Materials shall include but not be limited to substances defined as "hazardous substance," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code Sections 9601-9675); the Hazardous Materials Transportation Act, as amended (Title 49 United States Code Sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as amended (Title 42 United States Code Sections 6901-6992k); the Toxic Substances Control Act (Title 15 United States Code Sections 2601 et seq.); the Insecticide, Fungicide, Rodenticide Act (Title 7 United States Code Sections 136 et seq.); the Superfund Amendments and Reauthorization Act (Title 42 United States Code Sections 6901 et seq.); the Clean Air Act (Title 42 United States Code Sections 7401 et seq.); the Safe Drinking Water Act (Title 42 United States Code Sections 300f et seq.); the Solid Waste Disposal Act (Title 42 United States Code Sections 6901 et seq.); the Surface Mining Control and Reclamation Act (Title 30 United States Code Sections 1201 et seq.); the Emergency Planning and Community Right to Know Act (Title 42 United States Code Sections 11001 et seq.); the Occupational Safety and Health Act (Title 29 United States Code Sec...