Representation and Warranty Regarding Hazardous Substances Clause Examples

The Representation and Warranty Regarding Hazardous Substances clause requires one party, typically the seller or landlord, to affirm that the property or asset in question is free from hazardous materials or environmental contamination. In practice, this means the party makes assurances that no regulated substances such as asbestos, lead, or toxic chemicals have been used, stored, or disposed of on the premises, and that the property complies with all relevant environmental laws. This clause serves to protect the buyer or tenant from inheriting environmental liabilities and ensures transparency about potential risks associated with hazardous substances.
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Representation and Warranty Regarding Hazardous Substances. Before signing this Agreement, Indemnitor researched and inquired into the previous uses and owners of the Property. Based on that due diligence, Indemnitor represents and warrants that to the best of its knowledge, no Hazardous Substance has been disposed of or released, or otherwise now exists, in, on, under or around the Property, except as Indemnitor has disclosed to Bank in writing, as set forth in that certain Phase I Environmental Site Assessment delivered to Bank by Indemnitor.
Representation and Warranty Regarding Hazardous Substances. Before signing this Agreement, the Borrower researched and inquired into the previous uses and ownership of the Real Property. Based on that due diligence, the Borrower represents and warrants that to the best of its knowledge, no hazardous substance has been disposed of or released or otherwise exists in, on, under or onto the Real Property, except as the Borrower has disclosed to the Bank in writing.
Representation and Warranty Regarding Hazardous Substances. Before signing this Deed of Trust, Trustor researched and inquired into the previous uses and ownership of the Property. Based on that due diligence, Trustor represents and warrants that to the best of its knowledge, no hazardous substance has been disposed of or released or otherwise exists in, on, under or onto the Property, except as Trustor has disclosed to Beneficiary in writing. Trustor further represents and warrants that Trustor has complied, and will comply and cause all occupants of the Property to comply, with all current and future laws, regulations and ordinances or other requirements of any governmental authority relating to or imposing liability or standards of conduct concerning protection of health or the environment or hazardous substances ("Environmental Laws"). Trustor shall promptly, at Trustor's sole cost and expense, take all reasonable actions with respect to any hazardous substances or other environmental condition at, on, or under the Property necessary to (i) comply with all applicable Environmental Laws; (ii) allow continued use, occupation or operation of the Property; or (iii) maintain the fair market value of the Property. Trustor acknowledges that hazardous substances may permanently and materially impair the value and use of the Property. "Hazardous substance" means any substance, material or waste that is or becomes designated or regulated as "toxic," "hazardous," "pollutant," or "contaminant" or a similar designation or regulation under any current or future federal, state or local law (whether under common law, statute, regulation or otherwise) or judicial or administrative interpretation of such, including without limitation petroleum or natural gas.
Representation and Warranty Regarding Hazardous Substances. Before signing this Agreement, Indemnitor researched and inquired into the previous uses and owners of the Property. Based on that due diligence, Indemnitor represents and warrants that to the best of its knowledge, no Hazardous Substance has been disposed of or released, or otherwise now exists, in, on, under or around the Property, except as Indemnitor has disclosed to Bank in writing.
Representation and Warranty Regarding Hazardous Substances. Before executing this Agreement, Borrower researched and inquired into the previous uses and ownership of the Property. Based on that due diligence, Borrower represents and warrants that to the best of its knowledge, except as set forth in Schedule 13.2, no Hazardous Substance has been disposed of or released or otherwise exists in, on, under or onto the Property, except as Borrower has disclosed to the Bank in writing.
Representation and Warranty Regarding Hazardous Substances. Before signing this Agreement, Indemnitor researched and inquired into the previous uses and owners of the Property. Based on that due diligence, Indemnitor represents and warrants that to the best of its knowledge, no Hazardous Substance has been disposed of or released, or otherwise now exists, in, on, under or around the Property, except as Indemnitor has disclosed to Indemnitee in writing prior to the date hereof.
Representation and Warranty Regarding Hazardous Substances. Before signing this Agreement, Borrower researched and inquired into the previous uses and owners of the Property and obtained the Existing Environmental Reports that have been delivered to Bank. Based on that due diligence, Borrower represents and warrants that, except as Borrower has disclosed to Bank in writing the Existing Environmental Reports prior to the execution of this Agreement, to the best of Borrower’s knowledge or belief without duty to investigate, (a) no Hazardous Substance has been disposed of, or released to or from, or otherwise now exists in, on, under, or around, the Property, and (b) no aboveground or underground storage tanks are now or have ever been located on or under the Property.
Representation and Warranty Regarding Hazardous Substances. Borrower represents and warrants that to the best of its actual knowledge, no hazardous substance has been disposed of or released or otherwise exists in, on, under or onto the Real Property, except as Borrower has disclosed to the Bank in writing.
Representation and Warranty Regarding Hazardous Substances. Borrower represents and warrants to Lender that, based upon Borrower's knowledge after reasonable inquiry, no Hazardous Substance has been disposed of or released at the real property in which Borrower holds an interest or conducts its business, except as to use, generation, manufacture, storage, treatment, disposal or release of Hazardous Substances that are: (a) generally recognized to be appropriate to the normal business uses of Borrower; and (b) in compliance with applicable local, state and federal laws, rules and regulations.
Representation and Warranty Regarding Hazardous Substances. Obligor represents and warrants that to the best of Obligor's knowledge, no Hazardous Substance has been released onto or disposed of or otherwise is present in, on, under or around the Property, except to the extent specifically disclosed to Lender in writing by Obligor in Exhibit B attached hereto.