Pollutants. "We" do not pay for loss caused by or resulting from release, discharge, seepage, migration, dispersal, or escape of "pollutants" unless the release, discharge, seepage, migration, dispersal, or escape is caused by a "specified peril". "We" do pay for any resulting loss caused by a "specified peril".
Pollutants and pollution shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated there under, all as amended or updated from time to time. In the event Lessee’s actions directly result in the Leased Premises and affected off-site waters and lands to not be in full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders and decrees, Lessee shall, to the extent permitted by law without waiving its sovereign immunity (if any), restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage.
Pollutants. Except as disclosed to the Agent and each of the Banks in ---------- writing in the environmental reports described in Exhibit C attached hereto, the Property has never been used by Borrower nor, to the knowledge of Borrower, by any previous owners and/or operators, to generate, store, treat or dispose of any Pollutants and, to the best knowledge of Borrower, no lessee and no owner has used in the past, and none of the aforementioned parties intends to use, or permit to be used, in the future, the Property, or any portion thereof, for the purpose of generating, storing, treating or disposing of any Pollutant, except as required in the normal operations of its business and not in any manner which would violate any environmental Law. Borrower has not allowed, and to the actual knowledge of Borrower, no lessee or prior owner has allowed, any Pollutant to spill, leak, escape, be discharged, dumped, emptied or otherwise disposed of, incorporated into or dealt with on the Property or allowed to be discharged or drained into or on any property adjacent to the Property. The Property is (i) not included or proposed to be included on the National Priorities List issued pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), by the United States ------ Department of Environmental Protection Agency (the "EPA") or on the inventory of --- other potential "problem" sites issued by the EPA or (ii) to the best of Borrower's knowledge, otherwise identified by the EPA as a potential CERCLA site or included or proposed for inclusion on any list or inventory issued pursuant to any state environmental statute or issued by any other Tribunal. Borrower has not received any notice of, nor does Borrower have any actual knowledge of, any occurrence or circumstance which with notice or passage of time or both would reasonably be expected to give rise to an Environmental Complaint.
Pollutants as used in exclusion I., means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkali, and chemicals, bacteria, organisms, and pathogens. However, pollutants do not include sewage which through the negligence of the member escapes the confines of a municipal sewage treatment system owned or operated by the member.
Pollutants. Borrower covenants and agrees to hold harmless and indemnify Bank One from any and all liabilities, losses, damages, penalties, fines, claims, suits, costs, fees (including attorneys' fees), and expenses, including, but not limited to, liability for cleanup costs, the relocation of tenants occupying the Premises or any portion thereof, contaminant costs, bodily injury and property damage and all costs, fees (including attorneys' fees) and expenses incurred by Bank One for the defense of any claim or cause of action arising from the location of Pollutants on the Premises. As the term is used herein, "Pollutants" shall mean any solid, liquid, gaseous or thermal containment, including smoke, vapor, soot, fumes, acids, alkalis. chemicals, waste, petroleum products or by-products, asbestos, PCB's phosphates, lead or other heavy metals, chlorine, radon gas "hazardous substances" as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as is now of hereafter amended or supplemented, and regulations adopted pursuant thereto, or other toxic or hazardous wastes or materials.
Pollutants. Either during construction or thereafter, permit the Premises to be used to generate, manufacture, prepare, produce, store, handle, transfer, process, spill or empty or otherwise dispose of any Pollutant in violation of any Requirement, and if same is found to exist, Borrower shall take all steps to promptly remove such Pollutants in accordance with all Requirements;