Toxic or Hazardous Substances. If Goods contain hazardous or toxic substances, Supplier warrants: (a) Globally Harmonized System compliant Safety Data Sheets (“SDS”) will be promptly provided to Isola; (b) if Goods are being shipped to the U.S., but manufactured outside the U.S., Supplier will provide Goods to Isola through a U.S. subsidiary of the foreign manufacturer along with SDSs that are accurately and professionally translated into English and identify in section 1 the name, address, business and emergency telephone numbers for the U.S. subsidiary; (c) no Class I or Class II Ozone Depleting Substances, polychlorinated or polybrominated biphenyl or phenyl ethers, dioxins or their analogs, or asbestos containing material are supplied to Isola; (d) Supplier will notify Isola of applicable Significant New Use Rule restrictions under the Toxic Substances Control Act Inventory (“TSCA”), if any; (e) upon Isola’s request, Supplier will give Isola prompt written certification of TSCA compliance; (f) Goods and packaging materials conform to applicable hazardous substances restrictions, including the European Union’s packaging and packaging waste directive, RoHS Directive, WEEE Directive, REACH Directive, EuP Directive, and People’s Republic of China’s Management Methods for Controlling Pollution for Electronic Information Products; (g) wood packaging material coming into the U.S. is treated to kills pests and marked in accordance with the U.S. Department of Agriculture regulations. Further, Supplier will use commercially reasonable efforts to avoid use, in or during the production of Goods, of conflict minerals as defined in the U.S. Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, originating from mines or smelters not certified to be DRC Conflict Free through the Conflict Free Sourcing Initiative developed by EICC/GeSI or other independent third-party audit program approved in writing by Isola. Supplier will, upon Isola’s request, provide information on the use and sourcing of conflict minerals in Goods and the upstream supply chain of Goods in the format requested by Isola.
Toxic or Hazardous Substances or Materials means any solid, liquid, gaseous, thermal or electromagnetic irritant or contaminant and includes, without limitation, pollutants, moulds, asbestos, asbestos products, polychlorinated biphenyl (PCB), fungus/fungi, mildew(s), mushroom(s), yeast(s), bio-contaminants, biohazards and nuclear, and hazardous and special wastes whether or not defined in any federal, provincial or municipal laws, statutes or regulations.
Toxic or Hazardous Substances. Tenant shall not use, store or permit toxic waste or other toxic or hazardous substances or material on the Premises during the term of this Lease, without the prior written consent of Landlord. In the event Tenant desires to use or store toxic or hazardous substances on the Premises (including but not limited to petroleum based fuels), Tenant shall request such use in an application to Landlord which shall explain in detail the types of chemicals/substances which Tenant desires to use, the proposed location and manner of storage of same and the manner of disposition of such chemicals/substances or by-products or remains thereof. Tenant shall deliver to Landlord copies of all studies, reports and other information submitted by Tenant to any governmental entity or agency regulating the use of such substances and materials, concurrently with the delivery of same to such governmental agency or entity. In no event shall Tenant store any chemicals/substances in underground tanks. The proposed use of such chemicals/substances shall label as to the chemicals/substances located within the Premises. In the event that any such wastes, substances or materials are hereinafter found on, under or about the Premises except as expressly allowed by Landlord, Tenant shall take all necessary and appropriate actions and shall spend all necessary sums to cause the same to be cleaned up and immediately removed from the Premises, and Landlord shall in no event be liable or responsible for any costs or expenses incurred in so doing. Tenant shall at all times observe and satisfy the requirements of, and maintain the Premises in compliance with, all federal, state and local environmental protection, occupational, health and safety and similar laws, ordinances, restrictions, licenses and regulations, including but not limited to, the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.). Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Safe Drinking Water Act (42 U.S.C. Section 3000 (f) et seq.), Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.), Clean Air Act (42 U.S.C. Section 7401 et seq.), Comprehensive Environmental Response of Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), California Health and Safety Code (Section 25100 et seq., Section 39000 et seq.), California Water Code (Section 13000 et seq.). Should Tenant at any time receive any notice of violation of any laws, including those aforementioned, or be gi...
Toxic or Hazardous Substances. That to the best of Tetlin’s knowledge, information and belief, there are (i) other than the native mineralization, no toxic or hazardous substances on or in the Land; (ii) no discharges of toxic or hazardous substances on or in the Land; (iii) no investigations or proceedings by any federal, state or local government or agency thereof that might lead to the listing of any lands comprising the Land under any law or regulation dealing with the control of toxic hazardous materials; and (iv) no other investigations or proceedings by any federal, state or local government or agency thereof that might lead to the listing of any lands comprising the Land under any law or regulation dealing with the cleanup or remediation of the environment or for damage to the natural resources.
Toxic or Hazardous Substances. The Tenant at present agrees to neither store, spill or bring onto the premises any material which is considered a hazardous substance as defined by the Industrial Site Recovery Act, N.J.
Toxic or Hazardous Substances. Except as disclosed on Exhibit 2.20 ----------------------------- ------------ attached hereto, Seller has not directly or indirectly used, stored, generated, treated, buried, dumped, disposed of or transported any toxic or hazardous substances on, to or from any real property owned or leased by Seller. To the best knowledge and belief of Seller, (a) all real property owned or leased by Seller or used in connection with its business has not been, and is not now, listed on the Environmental Protection Agency's list of violating facilities established pursuant to the Clean Water Act or the National Priorities List established pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), (b) there are no orders, judgments, claims, suits, actions or proceedings including, but not limited to, governmental investigations or requests for information, that could have an adverse effect upon the assets or business of Seller, and (c) there are no underground storage tanks, contaminated soil, asbestos or other toxic or hazardous substances on the real property owned or leased by Seller.
Toxic or Hazardous Substances. For purposes of this Permit, shall be interpreted broadly to include, but not be limited to, any material or substance that is defined or classified under federal, state or local laws as: (a) a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601(14) or Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, each as now or hereafter amended; (b) a “hazardous waster” pursuant to Section 1004 or Section 3001 of the resource Conservation and Recovery Act, 42 U.S.C. § 6903, 42 U.S.C. § 6921, as now or hereafter amended; (c) a toxic pollutant under Section 307(1)(a) of the Federal Water Pollution Control Act, 33 U.S.C. §1317(1)(a); (d) a “hazardous air pollutant” under Section 112 of the Clean Air Act, 42 U.S.C. § 7412, as now or hereafter amended; (e) a “hazardous material” under the Hazardous Material Transportation Act, 49 U.S.C. §1802(2), as now or hereafter under the aforementioned laws; or (g) presenting a risk to human health or the environment under other applicable federal, state or local laws, ordinance, or regulations, as now or as may be passed or promulgated in the future. “Toxic or Hazardous Substances” shall also mean any substance that after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or indirectly by ingestion, inhalation or assimilation, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. “Toxic or Hazardous Substances” specifically includes, but is not limited to, asbestos, polychlorinated biphenyls (PCBs), petroleum based products and derivatives, flammable explosives, radioactive materials and urea formaldehyde.
Toxic or Hazardous Substances. 16.2.1 Prior to commencement of the Work, the Municipality shall:
Toxic or Hazardous Substances. To the best of Alcool's knowledge no toxic or hazardous substances (including without limitation asbestos) have been located, stored or dumped on the Project Site, or used in connection with, or in the construction or operation of the Project, or any part thereof.
