Common use of Release of Hazardous Substances Clause in Contracts

Release of Hazardous Substances. MPS shall notify the Partnership immediately upon becoming aware of: (i) any release of Hazardous Substance on, under, from or about any Property of the Partnership caused by MPS; (ii) any proceeding, inquiry or notice from any Governmental Authority directed at MPS with respect to the use or presence of any Hazardous Substance on the Partnership’s Property or the migration of Hazardous Substances to or from other property; (iii) any claims made or threatened by any third party relating to loss or injury attributable to any Hazardous Substance and which relate in any way to the performance of MPS’s obligations hereunder; (iv) any occurrence or condition caused by MPS on the Partnership’s Property or any property adjoining or in the immediate vicinity of the Partnership’s Property that would cause any of the Partnership’s Property to become subject to restrictions on ownership, occupancy, transferability or use under any Environmental Law; and (v) any incurrence of expense by a Governmental Authority or others (except MPS in connection with the performance of this Agreement) caused by MPS in connection with the assessment, containment or removal of Hazardous Substances located on, under, from or about any of the Partnership’s Property or any property adjoining or in the vicinity of the Partnership’s Property. In the event of the release of any Hazardous Substance by MPS on, under, about or from the Partnership’s Property, MPS shall cooperate and coordinate fully with the Partnership in providing any required notice of such release to applicable Governmental Authorities, provided that MPS shall not provide such notice of any release to any Governmental Authority without prior notification to such Partnership of such release, unless required to do so by Law. If any Governmental Authority initiates an action, order, claim, cause of action, investigation or request for information in connection with any Hazardous Substances on the Partnership’s Property, MPS shall cooperate fully in good faith with the Partnership and such Governmental Authority in responding to any such action, order, claim, cause of action, investigation or request for information, subject to the provisions of Section 10. In addition, MPS shall notify the Partnership immediately upon becoming aware of any release of Hazardous Substances resulting from the performance of MPS’s obligations hereunder that is or may be required to be reported to any Governmental Authority under any Law or that may occur in transporting any Hazardous Substances or in handling, treating, recycling, storing or disposing of any Hazardous Substances other than on the Partnership’s Property.

Release of Hazardous Substances. MPS shall notify the Partnership immediately upon becoming aware of: (i) any release of Hazardous Substance on, under, from or about any Property of the Partnership caused by MPS; (ii) any proceeding, inquiry or notice from any Governmental Authority directed at MPS with respect to the use or presence of any Hazardous Substance on the Partnership’s 's Property or the migration of Hazardous Substances to or from other property; (iii) any claims made or threatened by any third party relating to loss or injury attributable to any Hazardous Substance and which relate in any way to the performance of MPS’s 's obligations hereunder; (iv) any occurrence or condition caused by MPS on the Partnership’s 's Property or any property adjoining or in the immediate vicinity of the Partnership’s 's Property that would cause any of the Partnership’s 's Property to become subject to restrictions on ownership, occupancy, transferability or use under any Environmental Law; and (v) any incurrence of expense by a Governmental Authority or others (except MPS in connection with the performance of this Agreement) caused by MPS in connection with the assessment, containment or removal of Hazardous Substances located on, under, from or about any of the Partnership’s 's Property or any property adjoining or in the vicinity of the Partnership’s 's Property. In the event of the release of any Hazardous Substance by MPS on, under, about or from the Partnership’s 's Property, MPS shall cooperate and coordinate fully with the Partnership in providing any required notice of such release to applicable Governmental Authorities, provided that MPS shall not provide such notice of any release to any Governmental Authority without prior notification to such Partnership of such release, unless required to do so by Law. If any Governmental Authority initiates an action, order, claim, cause of action, investigation or request for information in connection with any Hazardous Substances on the Partnership’s 's Property, MPS shall cooperate fully in good faith with the Partnership and such Governmental Authority in responding to any such action, order, claim, cause of action, investigation or request for information, subject to the provisions of Section 10. In addition, MPS shall notify the Partnership immediately upon becoming aware of any release of Hazardous Substances resulting from the performance of MPS’s 's obligations hereunder that is or may be required to be reported to any Governmental Authority under any Law or that may occur in transporting any Hazardous Substances or in handling, treating, recycling, storing or disposing of any Hazardous Substances other than on the Partnership’s 's Property.

Release of Hazardous Substances. MPS Borrower covenants and agrees that it shall notify not release or permit any release or threat of release of any Hazardous Substances (as defined in Section 7.14 below) on the Partnership immediately Property, nor generate or permit any Hazardous Substances to be generated on the Property; nor store or permit any Hazardous Substances to be stored on the Property (unless such substance is customarily used in connection with construction or operation of a housing development and either a permit is issued therefor or such storage is allowed by applicable law). The Borrower shall provide the County Manager with prompt written notice: (a) upon the Borrower’s becoming aware of: (i) of any release or threat of release of any Hazardous Substance onSubstances upon, under, under or from or about any Property of the Partnership caused by MPSProperty; (iib) upon the Borrower’s receipt of any proceeding, inquiry or notice from any Governmental Authority directed at MPS federal, state, municipal or other governmental agency or authority in connection with respect to the use or presence of any Hazardous Substance on located upon or under the Partnership’s Property Property, or emanating from the migration of Hazardous Substances to or from other property; (iii) any claims made or threatened by any third party relating to loss or injury attributable to any Hazardous Substance and which relate in any way to the performance of MPS’s obligations hereunder; (iv) any occurrence or condition caused by MPS on the Partnership’s Property or any property adjoining or in the immediate vicinity of the Partnership’s Property that would cause any of the Partnership’s Property to become subject to restrictions on ownership, occupancy, transferability or use under any Environmental LawProperty; and (vc) upon the Borrower’s obtaining knowledge of the incurring of any incurrence of expense by a Governmental Authority or others (except MPS in connection with the performance of this Agreement) caused by MPS any governmental authority in connection with the assessment, containment or removal of any Hazardous Substances located onupon or under the Property or emanating from the Property. The Borrower hereby covenants and agrees, underat its sole cost and expense, from to promptly take all remedial action necessary to assess, contain, monitor, remediate and remove all Hazardous Substances which are located upon or about released at the Property in such a manner as to bring the Property in compliance with applicable legal requirements, and to take all actions necessary or appropriate to avoid any liability of or claims against the Borrower, or any subsequent owner of the Partnership’s Property, and to avoid the imposition of any liens on the Property or any property adjoining or in the vicinity as a result of the Partnership’s Property. In the event of the release of any Hazardous Substance by MPS on, under, about or from the Partnership’s Property, MPS shall cooperate and coordinate fully with the Partnership in providing any required notice of such release to applicable Governmental Authorities, provided that MPS shall not provide such notice of any release to any Governmental Authority without prior notification to such Partnership of such release, unless required to do so by Law. If any Governmental Authority initiates an action, order, claim, cause of action, investigation or request for information in connection with any Hazardous Substances on the Partnership’s Property, MPS shall cooperate fully in good faith with the Partnership and such Governmental Authority in responding to any such action, order, claim, cause of action, investigation or request for information, subject to the provisions of Section 10. In addition, MPS shall notify the Partnership immediately upon becoming aware of any release presence of Hazardous Substances resulting from thereon. The Borrower hereby covenants and agrees, at its sole cost and expense, to provide to the performance of MPS’s obligations hereunder that County Manager all professional environmental assessments prepared with respect to the Property at any time while the Consolidated CDBG/AHIF Loan is or may be required outstanding and such other information with respect to be reported to any Governmental Authority under any Law or that may occur in transporting any Hazardous Substances or in handling, treating, recycling, storing or disposing of any Hazardous Substances other than on at the Partnership’s PropertyProperty the County Manager from time to time may require.

Release of Hazardous Substances. MPS Borrower covenants and agrees that it shall notify not release or permit any release or threat of release of any Hazardous Substances on the Partnership immediately Required Project Property, nor generate or permit any Hazardous Substances to be generated on the Required Project Property; nor store or permit any Hazardous Substances to be stored on the Required Project Property (unless such substance is customarily used in connection with construction or operation of a housing development and either a permit is issued therefor or such storage is allowed by applicable law). The Borrower shall provide the County Board with prompt written notice: (a) upon the Borrower’s becoming aware of: (i) of any release or threat of release of any Hazardous Substance onSubstances upon, under, under or from or about any Property of the Partnership caused by MPSRequired Project Property; (iib) upon the Borrower’s receipt of any proceeding, inquiry or notice from any Governmental Authority directed at MPS federal, state, municipal or other governmental agency or authority in connection with respect to the use or presence of any Hazardous Substance on located upon or under the Partnership’s Property Required Project Property, or emanating from the migration of Hazardous Substances to or from other property; (iii) any claims made or threatened by any third party relating to loss or injury attributable to any Hazardous Substance and which relate in any way to the performance of MPS’s obligations hereunder; (iv) any occurrence or condition caused by MPS on the Partnership’s Property or any property adjoining or in the immediate vicinity of the Partnership’s Property that would cause any of the Partnership’s Property to become subject to restrictions on ownership, occupancy, transferability or use under any Environmental LawRequired Project Property; and (vc) upon the Borrower’s obtaining knowledge of the incurring of any incurrence of expense by a Governmental Authority or others (except MPS in connection with the performance of this Agreement) caused by MPS any governmental authority in connection with the assessment, containment or removal of any Hazardous Substances located onupon or under the Required Project Property or emanating from the Required Project Property. The Borrower hereby covenants and agrees, underat its sole cost and expense, from to promptly take all remedial action necessary to assess, contain, monitor, remediate and remove all Hazardous Substances which are located upon or about released at the Required Project Property in such a manner as to bring the Required Project Property in compliance with applicable legal requirements, and to take all actions necessary or appropriate to avoid any liability of or claims against the Borrower, or any subsequent owner of the Partnership’s Required Project Property, and to avoid the imposition of any liens on the Required Project Property or any property adjoining or in the vicinity as a result of the Partnership’s Property. In the event of the release of any Hazardous Substance by MPS on, under, about or from the Partnership’s Property, MPS shall cooperate and coordinate fully with the Partnership in providing any required notice of such release to applicable Governmental Authorities, provided that MPS shall not provide such notice of any release to any Governmental Authority without prior notification to such Partnership of such release, unless required to do so by Law. If any Governmental Authority initiates an action, order, claim, cause of action, investigation or request for information in connection with any Hazardous Substances on the Partnership’s Property, MPS shall cooperate fully in good faith with the Partnership and such Governmental Authority in responding to any such action, order, claim, cause of action, investigation or request for information, subject to the provisions of Section 10. In addition, MPS shall notify the Partnership immediately upon becoming aware of any release presence of Hazardous Substances resulting from thereon. The Borrower hereby covenants and agrees, at its sole cost and expense, to provide to the performance of MPS’s obligations hereunder that County Board all professional environmental assessments prepared with respect to the Required Project Property at any time while the Federal CDBG Loan is or may be required outstanding and such other information with respect to be reported to any Governmental Authority under any Law or that may occur in transporting any Hazardous Substances at the Required Project Property the County Board from time to time may require. “Hazardous Substances,” as used in this Agreement, shall include, without limitation, oil, asbestos, urea formaldehyde foam insulation, lead paint, radioactive materials, polychlorinated biphenyls, hazardous wastes, toxic substances or related materials, or any other hazardous material, hazardous waste or hazardous substance, as those terms are defined by any applicable law, rule or regulation including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. Sections 9601 et seq., and the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Sections 6901 et seq. Nothwithstanding the foregoing, the County’s Director of Housing Division and Housing Development Coordinators are aware of the environmental conditions of the Shell Site Property and understand the Borrower’s plan to remediate environmental conditions in handling, treating, recycling, storing or disposing of any Hazardous Substances other than on coordination with the Partnership’s PropertyShell Site Seller.