Common use of Environmental Laws and Hazardous Materials Clause in Contracts

Environmental Laws and Hazardous Materials. Except as described in the Pricing Disclosure Package and the Prospectus or except as would not, singly or in the aggregate, result in a Material Adverse Effect, (i) the Company has not been advised, and has no reason to believe, that either the Company or any of its subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials (collectively, “Environmental Laws”), (ii) the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are no pending or to the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries and (iv) the Company has not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to any applicable Environmental Laws.

Environmental Laws and Hazardous Materials. Except as described in the Pricing Disclosure Package and the Prospectus There has been no storage, generation, transportation, handling, use, treatment, disposal, discharge, emission, contamination, release or except as would notother activity involving any kind of hazardous, singly toxic or in the aggregateother wastes, result in a Material Adverse Effectpollutants, contaminants, petroleum products or other hazardous or toxic substances, chemicals or materials (i“Hazardous Substances”) the Company has not been advisedby, and has no reason to believedue to, that either on behalf of, or caused by the Company or any of its subsidiaries (or, to the Company’s knowledge, any other entity for whose acts or omissions the Company is in or may be liable) upon any property now or previously owned, operated, used or leased by the Company or any of its subsidiaries, or upon any other property, which would be a violation of or give rise to any liability under any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consentjudgment, decree or judgmentpermit, common law provision or other legally binding standard relating to pollution or protection of human health or and the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials (collectively, “Environmental LawsLaw”), (ii) except for violations and liabilities which, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect. Neither the Company has not been advised, and has no reason to believe, that the Company and nor any of its subsidiaries do not have all permitshas agreed to assume, authorizations and approvals required undertake or provide indemnification for any liability of any other person under any applicable Environmental Laws Law, including any obligation for cleanup or remedial action, except as would not, individually or in the aggregate, reasonably be expected to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are have a Material Adverse Effect. There is no pending or or, to the Company’s knowledge, threatened administrative, regulatory or judicial actionsaction, suits, demands, demand letters, claims, liens, notices claim or notice of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries and (iv) subsidiaries, except in each case which, individually or in the Company has aggregate, would not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form the basis have a Material Adverse Effect. No property of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant is subject to any applicable Lien under any Environmental LawsLaw. Neither the Company nor of its subsidiaries is subject to any order, decree, agreement or other individualized legal requirement related to any Environmental Law.

Environmental Laws and Hazardous Materials. Except as described in the Pricing Disclosure Package The Company and the Prospectus or except as would not, singly or in the aggregate, result in a Material Adverse Effect, (i) the Company has not been advised, and has no reason to believe, that either the Company or any of its subsidiaries is are in violation of any applicable compliance with all foreign, federal, state, state and local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitationrules, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport storage and disposal of hazardous or handling toxic substances or waste and protection of Hazardous Materials health and safety or the environment which are applicable to their businesses (collectively, “Environmental Laws”). The Company has no Knowledge of any storage, (ii) generation, transportation, handling, treatment, disposal, discharge, emission, or other release of any kind of toxic or other wastes or other hazardous substances by, due to, or caused by the Company or its subsidiaries (or any other entity for whose acts or omissions the Company or its subsidiaries is or may otherwise be liable) upon any of the property now or previously owned or leased by the Company or its subsidiaries, or upon any other property, in violation of any law, statute, ordinance, rule, regulation, order, judgment, decree or permit or which would, under any law, statute, ordinance, rule (including rule of common law), regulation, order, judgment, decree or permit, give rise to any liability; and there has not been advisedno disposal, and discharge, emission or other release of any kind onto such property or into the environment surrounding such property of any toxic or other wastes or other hazardous substances with respect to which the Company or its subsidiaries has no reason to believe, that the knowledge. The Company and its subsidiaries do not have received all permits, authorizations and licenses, or other approvals required of them under any applicable Environmental Laws to operate the business of the Company as currently conducted or conduct their respective businesses, and are not each in compliance with their requirementsall terms and conditions of any such permit, (iii) there are no pending license or approval, except where such non-compliance with Environmental Laws, failure to receive required permits, licenses or other approvals or failure to comply with the Company’s knowledgeterms and conditions of such permits, threatened administrativelicenses or approvals would not, regulatory individually or judicial actionsin the aggregate, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries and (iv) the Company has not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to any applicable Environmental Lawshave a Material Adverse Effect.

Environmental Laws and Hazardous Materials. Except as otherwise described in the Pricing General Disclosure Package and the Prospectus or Prospectus, and except as would not, singly individually or in the aggregate, result in a Material Adverse Effect, Change (i) neither the Company has not been advised, and has no reason to believe, that either the Company or nor any of its subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata)) or wildlife, including, including without limitation, laws and regulations relating to the release emissions, discharges, releases or threatened release releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or and petroleum products (collectively, “Hazardous MaterialsMaterials of Environmental Concern”) ), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials of Environment Concern (collectively, “Environmental Laws”), (ii) which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate operation of the business of the Company as currently conducted or are not each its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in compliance with their requirements, violation of any Environmental Law; (iiiii) there are is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or or, to the knowledge of the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iviii) to the Company has not been advisedknowledge of the Company, and has there are no reason to believepast or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that there are reasonably could result in a violation of any events Environmental Law or circumstances that might reasonably be expected to form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, a potential Environmental Claim against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to or against any applicable person or entity whose liability for any Environmental LawsClaim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

Environmental Laws and Hazardous Materials. Except as described in the Pricing Disclosure Package and the Prospectus or except as would not, singly individually or in the aggregate, result in a Material Adverse Effect, Effect (i) neither the Company has not been advised, and has no reason to believe, that either the Company or nor any of its subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata)) or wildlife, including, including without limitation, laws and regulations relating to the release emissions, discharges, releases or threatened release releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or and petroleum products (collectively, “Hazardous MaterialsMaterials of Environmental Concern”) ), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials of Environmental Concern (collectively, “Environmental Laws”), (ii) which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate operation of the business of the Company as currently conducted or are not each its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in compliance with their requirements, violation of any Environmental Law; (iiiii) there are is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or or, to the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iviii) to the Company has not been advisedCompany’s knowledge, and has there are no reason to believepast or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that there are any events or circumstances that might would reasonably be expected to result in a violation of any Environmental Law or form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, a potential Environmental Claim against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to or against any applicable person or entity whose liability for any Environmental LawsClaim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

Environmental Laws and Hazardous Materials. Except as described The Company and its subsidiaries are in compliance with all foreign, federal, state and local rules, laws and regulations relating to the Pricing Disclosure Package use, treatment, storage and disposal of hazardous or toxic substances or waste and protection of health and safety or the Prospectus or environment which are applicable to their businesses (“Environmental Laws”), except as would where the failure to comply could not, singly singularly or in the aggregate, result in reasonably be expected to cause a Material Adverse EffectChange. There has been no storage, (i) generation, transportation, handling, treatment, disposal, discharge, emission, or other release of any kind of toxic or other wastes or other hazardous substances by, due to, or caused by the Company has not been advisedor any of its subsidiaries (or, and has no reason to believethe Company’s knowledge, that either any other entity for whose acts or omissions the Company or any of its subsidiaries is or may otherwise be liable) upon any of the property now or previously owned or leased by the Company or any of its subsidiaries, or upon any other property, in violation of any applicable federallaw, state, local or foreign statute, lawordinance, rule, regulation, order, judgment, decree or permit or which would, under any law, statute, ordinance, code or rule (including rule of common law or any binding and enforceable judicial or administrative interpretation thereoflaw), including any binding and enforceable judicial or administrative regulation, order, consentjudgment, decree or judgmentpermit, relating give rise to pollution any liability, except for any violation or protection liability which would not cause, singularly or in the aggregate with all such violations and liabilities, a Material Adverse Change; and there has been no disposal, discharge, emission or other release of human health any kind onto such property or into the environment surrounding such property of any toxic or other wastes or other hazardous substances with respect to which the Company has knowledge, except for any such disposal, discharge, emission, or other release of any kind which would not cause, singularly or in the aggregate with all such discharges and other releases, a Material Adverse Change. In the ordinary course of business, the Company and its subsidiaries conduct periodic reviews of the effect of Environmental Laws on their business and assets, in the course of which they identify and evaluate associated costs and liabilities (including, without limitation, ambient airany capital or operating expenditures required for clean-up, surface waterclosure of properties or compliance with Environmental Laws or Governmental Permits issued thereunder, groundwaterany related constraints on operating activities and any potential liabilities to third parties). On the basis of such reviews, land surface or subsurface strata), including, without limitation, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials (collectively, “Environmental Laws”), (ii) the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do have reasonably concluded that such associated costs and liabilities could not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are no pending or to the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries and (iv) the Company has not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form cause, singularly or in the basis of an order for clean-up or remediationaggregate, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to any applicable Environmental Lawsa Material Adverse Change.

Environmental Laws and Hazardous Materials. Except as described in the Pricing Disclosure Package Registration Statement, the Prospectus and the Prospectus Time of Sale Information or except as would not, singly or in the aggregate, result in a Material Adverse Effect, (i) the Company has not been advised, and has no reason to believe, that either the Company or any of its subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials (collectively, “Environmental Laws”), (ii) the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are no pending or to the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries and (iv) the Company has not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form the basis of an order for clean-clean- up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to any applicable Environmental Laws.

Environmental Laws and Hazardous Materials. Except as described in the Pricing Disclosure Package and the Prospectus SEC Reports or except as would not, singly or in the aggregate, result in reasonably be expected to have a Material Adverse Effect, (i) the Company has not been advised, and has no reason to believe, that either the Company or any of its subsidiaries Subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials (collectively, “Environmental Laws”), (ii) the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries Subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are no pending or to the knowledge of the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries Subsidiaries and (iv) the Company has not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries Subsidiaries relating to Hazardous Materials pursuant to any applicable Environmental Laws.

Environmental Laws and Hazardous Materials. Except as described The Company and its Subsidiaries are in the Pricing Disclosure Package and the Prospectus or except as would notcompliance with all foreign, singly or in the aggregate, result in a Material Adverse Effect, (i) the Company has not been advised, and has no reason to believe, that either the Company or any of its subsidiaries is in violation of any applicable federal, state, state and local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitationrules, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport storage and disposal of hazardous or handling toxic substances or waste and protection of Hazardous Materials health and safety or the environment which are applicable to their businesses (collectively, “Environmental Laws”), (ii) except where the failure to comply could not, singularly or in the aggregate, reasonably be expected to cause a Material Adverse Change. There has been no storage, generation, transportation, handling, treatment, disposal, discharge, emission, or other release of any kind of toxic or other wastes or other hazardous substances by, due to, or caused by the Company has not been advisedor any of its Subsidiaries (or, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are no pending or to the Company’s knowledge, threatened administrative, regulatory any other entity for whose acts or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against omissions the Company or any of its subsidiaries and (ivSubsidiaries is or may otherwise be liable) upon any of the Company has not been advised, and has no reason to believe, that there are any events property now or circumstances that might reasonably be expected to form the basis of an order for clean-up previously owned or remediation, or an action, suit or proceeding leased by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant Subsidiaries, or upon any other property, in violation of any law, statute, ordinance, rule, regulation, order, judgment, decree or permit or which would, under any law, statute, ordinance, rule (including rule of common law), regulation, order, judgment, decree or permit, give rise to any applicable liability, except for any violation or liability which would not cause, singularly or in the aggregate with all such violations and liabilities, a Material Adverse Change; and there has been no disposal, discharge, emission or other release of any kind onto such property or into the environment surrounding such property of any toxic or other wastes or other hazardous substances with respect to which the Company has knowledge, except for any such disposal, discharge, emission, or other release of any kind which would not cause, singularly or in the aggregate with all such discharges and other releases, a Material Adverse Change. In the ordinary course of business, the Company and its Subsidiaries conduct periodic reviews of the effect of Environmental LawsLaws on their business and assets, in the course of which they identify and evaluate associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws or Governmental Permits issued thereunder, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such reviews, the Company and its Subsidiaries have reasonably concluded that such associated costs and liabilities could not reasonably be expected to cause, singularly or in the aggregate, a Material Adverse Change.

Environmental Laws and Hazardous Materials. Except as otherwise described in the Pricing General Disclosure Package Package, and the Prospectus or except as would not, singly individually or in the aggregate, result in reasonably be expected to have a Material Adverse Effect, Effect (i) neither the Company has not been advised, and has no reason to believe, that either the Company or nor any of its subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata)) or wildlife, including, including without limitation, laws and regulations relating to the release emissions, discharges, releases or threatened release releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or and petroleum products (collectively, “Hazardous MaterialsMaterials of Environmental Concern”) ), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials of Environment Concern (collectively, “Environmental Laws”), (ii) which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate operation of the business of the Company as currently conducted or are not each its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in compliance with their requirements, violation of any Environmental Law; (iiiii) there are is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or or, to the Company’s knowledgeKnowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iviii) to the Company has not been advisedCompany’s Knowledge, and has there are no reason to believepast or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that there are any events or circumstances that might would reasonably be expected to result in a violation of any Environmental Law or form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, a potential Environmental Claim against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to or against any applicable person or entity whose liability for any Environmental LawsClaim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

Environmental Laws and Hazardous Materials. Except as described in the Pricing General Disclosure Package and the Prospectus or except as would not, singly or in the aggregate, result in a Material Adverse Effect, (i) the Company has not been advised, and has no reason to believe, that either the Company or any of its subsidiaries is in violation of any applicable federal, state, local or foreign statute, law, rule, regulation, ordinance, code or rule of common law or any binding and enforceable judicial or administrative interpretation thereof, including any binding and enforceable judicial or administrative order, consent, decree or judgment, relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws and regulations relating to the release or threatened release of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum or petroleum products (collectively, “Hazardous Materials”) or to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials (collectively, “Environmental Laws”), (ii) the Company has not been advised, and has no reason to believe, that the Company and its subsidiaries do not have all permits, authorizations and approvals required under any applicable Environmental Laws to operate the business of the Company as currently conducted or are not each in compliance with their requirements, (iii) there are no pending or to the Company’s knowledge, threatened administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigation or proceedings relating to any Environmental Law against the Company or any of its subsidiaries and (iv) the Company has not been advised, and has no reason to believe, that there are any events or circumstances that might reasonably be expected to form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or governmental body or agency, against the Company or any of its subsidiaries relating to Hazardous Materials pursuant to any applicable Environmental Laws.