Landlord’s Environmental Representations Sample Clauses
The Landlord’s Environmental Representations clause requires the landlord to affirm that the property complies with applicable environmental laws and is free from hazardous substances or contamination. Typically, this clause obligates the landlord to disclose any known environmental issues, such as the presence of asbestos, underground storage tanks, or prior spills, and may require the landlord to warrant that no governmental actions or investigations are pending regarding environmental matters. Its core function is to protect the tenant from inheriting environmental liabilities and to ensure transparency about the property's environmental condition, thereby allocating risk and responsibility for environmental compliance.
Landlord’s Environmental Representations. 37.1 Landlord has provided Tenant a copy of the following environmental assessments and reports regarding the Property: • Phase I Environmental Site Assessment prepared by LAW ENGINEERING AND ENVTRONMENTAL SERVICES, INC. Dated January 9, 1998, Project 5200-7-1363-02b-916. • Phase I Environmental Site Assessment prepared by LAW ENGINEERING AND ENWERONMENTAL SERVICES, INC. Dated January 9, 1998, Project 5200.7-1363-02c-9 16. Landlord represents to Tenant that the foregoing is a complete list of all studies and reports in Landlord’s possession or under Landlord’s control with respect to hazardous substances or Restricted Activities (as defined in Section 4 of the lease) on or about the Property. Landlord will provide Tenant a copy of any additional or updated environmental assessments obtained by Landlord in connection with its acquisition or development of the Property. Landlord has received no notice from any governmental authority regarding of any inquiry, investigation or proceeding regarding hazardous substances or Restricted Activities on or about the Property,
37.2 Landlord represents that the base Building will be constructed in compliance, in all material respects, with all applicable environmental Laws and Requirements as applied, enforced and interpreted as of the date the building permit is issued.
37.3 Landlord will protect, indemnify and hold harmless Tenant from and against any and all claims, actions, damages, liability and expense (including fens of attorneys, investigators and experts) arising out of the breach by Landlord of Landlord’s representations in this Section 37. Landlord, at its expense, shall resist and defend such action or proceeding, or cause the same to be resisted and defended by counsel (reasonably acceptable to Tenant) designated by Landlord and approved by Tenant. Landlord’s obligations pursuant to this Section shall survive the expiration or termination of this lease.
Landlord’s Environmental Representations. Landlord, to the best of its knowledge and without a duty of inquiry, represents and warrants to Tenant that except as disclosed in the Environmental Site Assessment for Cardiac Pacemakers, Inc. and prepared by DPRA Incorporated dated June 1, 1993, no toxic or hazardous wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9601-9657, as amended, or included as a hazardous material, substance or related material in the Hazardous Materials Transportation Act, 40 U.S.C. § 1801 et seq., as amended. (“Hazardous Substances”) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Leased Premises, nor has any activity been undertaken on the Premises that would cause or contribute to (i) the Premises to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the property within the ambit of, the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6901 eq seq., or any similar state law or local ordinance, (ii) a release or threatened release of Hazardous Substances from the Premises within the meaning of, or otherwise bring the Premises within the ambit of, CERCLA or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., or the Clean Air Act, 42 U.S.C. § 7401 et seq., or any similar state law or local ordinance. There are no substances or conditions in or on the Premises that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements. Landlord shall indemnify Tenant, its successors and assigns, against, and shall hold Tenant, its successors and assigns, harmless from any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including reasonable attorneys’ fees, that...
Landlord’s Environmental Representations. Except as provided on Schedule 20.3 hereto, (a) the Premises does not contain asbestos (whether friable or nonfriable), (b) no Hazardous Materials have ever been produced on the Premises or disposed thereon, (c) no Hazardous Materials which would require reporting to a governmental agency are or have been released, discharged or disposed of on the Premises or migrated to the Premises, and (d) there are no underground tanks located on the Premises, including no septic tanks, fuel tanks or chemical storage tanks, nor has the Premises ever contained the same. Landlord has not received any summons, complaint, order, citation, directive, notice of violation, letter or other written or oral communications from any federal, state or local governmental agency concerning any intentional or unintentional action or omission which allegedly violates any Hazardous Materials Laws with respect to the Premises. To the best knowledge of Landlord, there has not been, from a source at the Premises, any dredge or fill activities in navigable waters of the United States of America.
Landlord’s Environmental Representations. Landlord hereby represents, to the best of Landlord's knowledge, that the premises is currently in compliance with all federal, state and local environmental laws, rules, regulations and orders. Landlord further represents that Landlord has received no notice from any governmental agency of any violation of any such law, rule, regulation or order.
Landlord’s Environmental Representations. (a) Landlord has provided Tenant a copy of the following environmental assessments and reports regarding the Property:
Landlord’s Environmental Representations. Landlord represents and warrants to Tenant the following: that to Landlord’s knowledge, any handling, transportation, storage, treatment, use, release, or disposal of Hazardous Substances that may have occurred on or from the Premises prior to the date of this Lease has been in compliance with all applicable Environmental Laws; that to Landlord’s knowledge, no leak, spill, release, discharge, emission or Doc #02-572903.1 disposal of Hazardous Substances has occurred on the Premises prior to the date of this Lease; to Landlord’s knowledge, that the soil and groundwater on or under the Premises are free of any Hazardous Substances. Doc #02-572903.1
Landlord’s Environmental Representations. Landlord, to the best of its knowledge and without a duty of inquiry, represents and warrants to Tenant that except as disclosed in the Environmental Site Assessment for Cardiac Pacemakers, Inc. and prepared by DPRA Incorporated dated June 1, 1993, no toxic or hazardous wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601-9657, as amended, or included as a hazardous material, substance or related material in the Hazardous Materials Transportation Act, 40 U.S.C. Section 1801 ET SEQ., as amended. ("Hazardous Substances") have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Leased Premises, nor has any activity been undertaken on the Premises that would cause or contribute to (i) the Premises to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.