Common use of Notices; Existing Claims; Certain Regulated Materials; Storage Tanks Clause in Contracts

Notices; Existing Claims; Certain Regulated Materials; Storage Tanks. Neither Seller nor Seller’s Predecessors have received any request for information, notice of claim, investigation, inquiry, demand, claim or any other form of notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any Regulated Material at the Cinema. Seller is not required to place any notice or restriction relating to the presence of any Regulated Material on the leasehold or fee interest of the Cinema. There has been no past, and there is no pending or contemplated, claim by Seller or Seller’s Predecessor under any Environmental Law or Laws based on actions of others that may impact the Cinema. Seller and Seller’s Predecessors are not a party to or bound by any order, and have not entered into any agreement with any Person, regarding any remedial action or environmental Liability or expense with respect to the Cinema, or in connection with any Liability under any Environmental Law or Laws for which Buyer would be liable after Closing. Seller is not the registered owner of any storage tanks located on the Leased Premises, whether underground or aboveground, other than as disclosed on Schedule 3.19. Seller has not closed or caused to be closed any underground storage tank on the Leased Premises.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.), Asset Purchase Agreement (Digital Cinema Destinations Corp.), Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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Notices; Existing Claims; Certain Regulated Materials; Storage Tanks. Neither Seller nor Seller’s 's Predecessors have received any request for information, notice of claim, investigation, inquiry, demand, claim demand or any other form of notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any Regulated Material at the CinemaMaterial. To Seller's knowledge, Seller is not required to place any notice or restriction relating to the presence of any Regulated Material on the leasehold at any Real Estate or fee interest of the Cinemain any deed to any Real Estate. There has been no past, and there is no pending or contemplated, claim by Seller or Seller’s 's Predecessor under any Environmental Law or Laws based on actions of others that may impact have impacted on the Cinema. Seller and Seller’s Predecessors are not a party to or bound by any orderReal Estate, and have not neither Seller nor Seller's Predecessors has entered into any agreement with any Person, Person regarding any remedial action or existing environmental Liability or expense with respect to any of the CinemaReal Property or any real property adjacent to the Real Property. To Seller's knowledge, or in connection with any Liability under any Environmental Law or Laws for which Buyer would be liable after Closing. Seller is not the registered owner of any all storage tanks located on the Leased PremisesReal Estate, whether underground or aboveground, other than as are disclosed on Schedule 3.193.17. To Seller's knowledge, the landlord at the Closter Lease closed an underground storage tank located at the Closter Cinema. Seller has not closed or caused to be closed any underground storage tank on the Leased PremisesReal Estate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Clearview Cinema Group Inc)

Notices; Existing Claims; Certain Regulated Materials; Storage Tanks. Neither Seller nor Seller’s Predecessors have received any request for information, notice of claim, investigation, inquiry, inquiry demand, claim or any other form of notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any Regulated Material at the Cinema. Seller is not required to place any notice or restriction relating to the presence of any Regulated Material on the leasehold or fee interest of the Cinema. There has been no past, and there is no pending or contemplated, claim by Seller or Seller’s Predecessor under any Environmental Law or Laws based on actions of others that may impact the Cinema. Seller and Seller’s Predecessors are not a party to or bound by any order, and have not entered into any agreement with any Person, regarding any remedial action or environmental Liability or expense with respect to the Cinema, or in connection with any Liability under any Environmental Law or Laws for which Buyer would be liable after Closing. Seller is not the registered owner of any storage tanks located on the Leased Premises, whether underground or aboveground, other than as disclosed on Schedule 3.19. Seller has not closed or caused to be closed any underground storage tank on the Leased Premises.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.)

Notices; Existing Claims; Certain Regulated Materials; Storage Tanks. Neither Seller nor Seller’s Predecessors have received any request for information, notice of claim, investigation, inquiry, inquiry demand, claim or any other form of notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any Regulated Material at the CinemaCinemas. Seller is not required to place any notice or restriction relating to the presence of any Regulated Material on the leasehold or fee interest of the CinemaCinemas. There has been no past, and there is no pending or contemplated, claim by Seller or Seller’s Predecessor under any Environmental Law or Laws based on actions of others that may impact the CinemaCinemas. Seller and Seller’s Predecessors are not a party to or bound by any order, and have not entered into any agreement with any Person, regarding any remedial action or environmental Liability or expense with respect to any of the CinemaCinemas, or in connection with any Liability under any Environmental Law or Laws for which Buyer would be liable after Closing. Seller is not the registered owner of any storage tanks located on the Leased Premises, whether underground or aboveground, other than as disclosed on Schedule 3.19. Seller has not closed or caused to be closed any underground storage tank on the Leased Premises.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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Notices; Existing Claims; Certain Regulated Materials; Storage Tanks. Neither Seller Sellers nor Seller’s Sellers’ Predecessors have received any request for information, notice of claim, investigation, inquiry, inquiry demand, claim or any other form of notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any Regulated Material at Material. To the Cinema. Seller is knowledge of Sellers, Sellers are not required to place any notice or restriction relating to the presence of any Regulated Material on the leasehold or fee interest of the Cinemaat any Real Estate. There has been no past, and there is no pending or contemplated, claim by Seller Sellers or Seller’s Sellers’ Predecessor under any Environmental Law or Laws based on actions of others that may impact have impacted on the CinemaReal Estate. Seller Sellers and Seller’s Sellers’ Predecessors are not a party to or bound by any order, and have not entered into any agreement with any Person, regarding any remedial action or environmental Liability or expense with respect to any of the CinemaReal Estate or any real property adjacent to the Real Estate, or in connection with any Liability under any Environmental Law or Laws for which Buyer would be liable after ClosingLaws. Seller is not To the registered owner knowledge of any Sellers, all storage tanks located on the Leased PremisesReal Estate, whether underground or aboveground, other than as are disclosed on Schedule 3.193.17. Seller has Sellers have not closed or caused to be closed any underground storage tank on the Leased PremisesReal Estate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.)

Notices; Existing Claims; Certain Regulated Materials; Storage Tanks. Neither Seller nor any Seller’s Predecessors have has received any request for information, notice of claim, investigation, inquiry, demand, claim or any other form of notification that it is or may be potentially responsible with respect to any investigation, abatement or cleanup of any threatened or actual release of any Regulated Material at the Cinema. Seller is not required to place any notice or restriction relating to the presence of any Regulated Material on the leasehold or fee interest of the Cinema. There has been no past, and there is no pending or contemplated, claim by Seller or any Seller’s Predecessor under any Environmental Law or Laws based on actions of others that may impact the Cinema. Neither Seller and nor any Seller’s Predecessors are not Predecessor is a party to or bound by any order, and have not entered into any agreement with any Person, regarding any remedial action or environmental Liability or expense with respect to the Cinema, or in connection with any Liability under any Environmental Law or Laws for which Buyer would be liable after Closing. Seller is not the registered owner of any storage tanks located on the Leased Premises, whether underground or aboveground, other than as disclosed on Schedule 3.19. Seller has not closed or caused to be closed any underground storage tank on the Leased Premises.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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