Former Facilities definition
Examples of Former Facilities in a sentence
Seller has not received any notice of alleged, actual or potential responsibility for, or any inquiry or investigation regarding, (i) any Release or threatened Release of any Hazardous Substance at any location, whether at the Facilities, the Former Facilities or otherwise or (ii) an alleged violation of or non-compliance with the conditions of any Permit required under any Environmental Law or the provisions of any Environmental Law.
Saturn has delivered, or made available to Mercury, copies of any material environmental assessments, reports, audits, studies, analyses, tests or monitoring possessed by, or reasonably available to, Saturn or its Subsidiaries pertaining to compliance with, or liability under, Environmental Laws relating to the Facilities, the Former Facilities, or Saturn or its Subsidiaries.
Seller has received no notice of any other claim, demand or Action by any individual or entity alleging any actual or threatened injury or damage to any person, property, natural resource or the environment arising from or relating to any Release or threatened Release of any Hazardous Substances at, on, under, in, to or from any Facilities or Former Facilities, or in connection with any operations or activities of Seller.
Upon delivery of such notice, subject to compliance with the provisions of Section 3.11(d), the designated Substitution Facilities will become Facilities hereunder and the Former Facilities will cease to be Facilities hereunder, without requiring an amendment of this Agreement and the revised Appendix B, Appendix I and Appendix L included within such notice shall be binding upon the Parties as if set forth herein.
No federal, state, local or municipal --------------------- governmental agency or authority has obtained or asserted an encumbrance or lien upon any property of Target or any Subsidiary, or, to the Knowledge of the Target, any of the Former Facilities as a result of any Release, use or cleanup of any Hazardous Material for which Target or any Subsidiary is legally responsible, nor has any such Release, use or cleanup occurred which could result in the assertion or creation of such a lien or encumbrance.