Hazardous Materials Claims. There are no claims or actions (“Hazardous Materials Claims”) known to, pending or threatened against Borrower or the Property by any governmental entity or agency or by any other person or entity relating to Hazardous Materials or pursuant to the Hazardous Materials Laws.
Hazardous Materials Claims. Except as shown in the Environmental Reports, there are no pending or threatened Hazardous Materials Claims (as hereinafter defined) that would materially and adversely affect the value of the Property as security for the Loan or the intended use of the Property.
Hazardous Materials Claims. There are no pending or threatened Hazardous Materials Claims (as hereinafter defined).
Hazardous Materials Claims. Except as disclosed in writing to the Committee, there are no claims or actions pending or threatened against Borrower, the Property or Improvements by any governmental entity or the Committee or by any other person or entity relating to Hazardous Materials or pursuant to the Hazardous Materials Laws (“Hazardous Materials Claims”).
Hazardous Materials Claims. There are no Hazardous Materials Claims pending or threatened against Borrower or the Real Property.
Hazardous Materials Claims. Except as disclosed in the environmental assessment reports delivered to the Lender, there are no pending or threatened Hazardous Materials Claims (as hereinafter defined).
Hazardous Materials Claims. Borrower and the Guarantor shall immediately -------------------------- advise Lender in writing of: (a) any notices received by Borrower or the Guarantor (whether such notices are from the Environmental Protection Agency, or any other federal, state or local governmental agency or regional office thereof) of the violation or potential violation of any applicable Hazardous Materials Laws occurring on, under or about the Project; (b) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Borrower, Guarantor or the Project pursuant to any Hazardous Materials Laws; (c) all claims made or threatened by any third party against Borrower, Guarantor or the Project relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a), (b) and (c) above are hereinafter referred to as "HAZARDOUS MATERIALS CLAIMS"); and (d) the discovery by Borrower or Guarantor of any occurrence or condition on the Project or any real property adjoining or in the vicinity of the Project that could cause the Project or any part thereof to be subject to any Hazardous Materials Claims. Lender shall have the right but not the obligation to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and Borrower and the Guarantor shall pay to Lender, upon demand, all attorneys' and consultants' fees incurred by Lender in connection therewith. 4.
Hazardous Materials Claims. Section 7.2(b).........................30
Hazardous Materials Claims. Indemnitor represents and warrants that, to the best of its knowledge, (a) no enforcement, cleanup, removal or other governmental or regulatory actions have, at any time, been instituted, contemplated or threatened against the Collateral, or against Indemnitor with respect to the Collateral, pursuant to any Environmental Requirements; (b) no violation or non-compliance with Environmental Requirements has occurred with respect to the Collateral at any time; (c) no claims have, at any time, been made or threatened by any third party against the Collateral or against Indemnitor with respect to the Collateral, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a), (b) and (c) above are hereinafter referred to as “Hazardous Materials Claims”).
Hazardous Materials Claims. Should Xxxxxx agree to provide detection or removal services related to Hazardous Materials on or near the job site, Client shall bring no cause of action against Xxxxxx or its Design Professionals if such claim or cause of action in any way would involve, include, or implicate Xxxxxx’x services for the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing Hazardous Materials.
