Underground Storage Tanks. In accordance with the requirements of Section 3(g) of the D.C. Underground Storage Tank Management Act of 1990, as amended by the District of Columbia Underground Storage Tank Management Act of 1990 Amendment Act of 1992 (D.C. Code § 8-113.01, et seq.) (collectively, the “UST Act”) and the applicable D.C. Underground Storage Tank Regulations, 20 DCMR Chapter 56 (the “UST Regulations”), District hereby informs the Developer that it has no knowledge of the existence or removal during its ownership of the Property of any “underground storage tanks” (as defined in the UST Act). Information pertaining to underground storage tanks and underground storage tank removals of which the D.C. Government has received notification is on file with the District Department of the Environment, Underground Storage Tank Branch, 00 X Xxxxxx, X.X., Xxxxx Xxxxx, Xxxxxxxxxx, X.X., 00000, telephone (000) 000-0000. District’s knowledge for purposes of this Section shall mean and be limited to the actual knowledge of Xxxxxx Xxxxx, Property Acquisition and Disposition Division of the Department of Housing and Community Development, telephone no. (000) 000-0000. The foregoing is set forth pursuant to requirements contained in the UST Act and UST Regulations and does not constitute a representation or warranty by District.
Underground Storage Tanks. To Sellers' knowledge, (i) except as set forth on Schedule 5.24, no underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 C.F.R. 280 or Environmental Laws are currently or have been located on any of the Company's property and (ii) except as set forth on Schedule 5.24, the Company has never owned or leased any real property having any underground storage tanks containing petroleum products or wastes or other hazardous substances regulated by 40 CFR 280. As to each such underground storage tank ("UST") identified on Schedule 5.24, Sellers have provided to Buyer, on Schedule 5.24:
(a) the location of the UST, information and material, including any available drawings and photographs, showing the location, and whether the Company currently owns or leases the property on which the UST is located (and if the Company does not currently own or lease such property, the dates on which it did and the current owner or lessee of such property);
(b) the date of installation and specific use or uses of the UST;
(c) copies of tank and piping tightness tests and cathodic protection tests ans similar studies or reports for each UST;
(d) a copy of each notice to or from a governmental body or agency relating to the UST;
(e) other material records with regard to the UST, including, without limitation, repair records, financial assurance compliance records and records of ownership;
(f) to the extent not otherwise set forth pursuant to the above, a summary description of instances, past or present, in which, to Sellers' knowledge, the UST failed to meet applicable standards and regulations for tightness or otherwise and the extent of such failure, and any other operational or environmental problems with regard to the UST, including, without limitation, spills, including spills in connection with delivery of materials to the UST, releases from the UST and soil contamination; and
(g) If there are any disclosures identified on Schedule 5.24, Buyer, as its option may require Sellers to obtain a Phase I environmental audit of the Company prior to Closing. Except to the extent set forth on Schedule 5.24, to Sellers' knowledge, the Company has complied with Environmental Laws regarding the installation, use, testing, monitoring, operation and closure of any UST described on Schedule 5.24.
Underground Storage Tanks. Borrower shall not install or permit to be installed on the Property any underground storage tank.
Underground Storage Tanks. The Contractor shall notify Battelle prior to commencing construction activities to install or remove any underground storage tank.
Underground Storage Tanks. It is expressly understood and agreed that Tenant’s obligations under this Agreement shall include the maintenance and, if necessary, replacement of underground storage tanks at the Leased Property. Upon the expiration or sooner termination of this Agreement, Tenant shall pay to Landlord the amount of any asset retirement obligation reserve for underground storage tanks located at the Leased Property that Tenant would be required to recognize on its books and records pursuant to GAAP if Tenant owned those underground storage tanks. Upon such payment, Tenant’s obligations under this Agreement with respect to the maintenance and replacement of underground storage tanks shall terminate.
Underground Storage Tanks. Trustor shall not install or permit to be installed any asbestos-containing materials at the Property. Trustor shall remedy or cause the remedy of all violations of Hazardous Materials Laws with respect to any asbestos or any existing underground or above ground storage tanks (“Storage Tanks”) including, but not limited to, removal of Storage Tanks in the manner and as required by applicable Hazardous Materials Laws. If required by applicable Hazardous Materials Laws, to Trustor’s actual knowledge, Trustor or its predecessor in interest has registered all Storage Tanks which are now located on the Property and has paid all fees assessed by the applicable authority in connection with such tanks (and Trustor will so register and pay said fees, or cause any Tenant to so register and pay said fees, with respect to any Storage Tanks hereafter located on the Property), as required by Hazardous Materials Laws. To the extent any such Storage Tanks have not been registered, Trustor will hereafter promptly register such Storage Tanks and pay any fees assessed by the applicable authority in connection therewith, as required by Hazardous Materials Laws, or cause any Tenant to so register and pay said fees. Trustor will comply, or cause compliance, with the above mentioned laws, the Federal Solid Waste Disposal Act, and 40 C.F.R. Part 280, as supplemented and amended, including without limitation, requirements for financial assurance, tank replacement and monitoring.
Underground Storage Tanks. Except in each case as set forth on Schedule 3.17(d), there are no underground storage tanks located on any property owned or leased by any Loan Party or any Subsidiary that are not properly registered or permitted under applicable Environmental Laws or, to Borrower’s knowledge, that are leaking or disposing of Hazardous Materials.
Underground Storage Tanks. To its knowledge, the Premises do not contain, and have never contained, any underground storage tanks. With respect to any underground storage tank that is listed in the Grand Premier Disclosure Statement as an exception to the foregoing, each such underground storage tank presently or previously located on Premises is or has been maintained or removed, as applicable, in compliance with all applicable Environmental Laws, and has not been the source of any release of a Hazardous Substance to the environment that has not been remediated in compliance with Environmental Laws.
Underground Storage Tanks. There are no underground storage tanks on any of the Company's owned or leased real property.
Underground Storage Tanks. “Underground Storage Tanks” shall have the meaning ascribed in such term under the Tank Laws, and shall also include unregulated underground storage tanks used to store Hazardous Substances.
