[Schedule 4.10(c)] lists all Phase I and Phase II environmental site assessment reports prepared by or on behalf of Seller or regarding the Facility that have been prepared within the last five (5) years preceding the date of this Agreement. Seller has made available in the Data Site for inspection by copies of all Phase I and Phase II environmental assessments and copies of # all other material environmental assessment and audit reports and other material environmental studies in Seller’s or the ’s reasonable possession or control relating to the real property of the or pertaining to the Business and # all material Permits required under Environmental Laws for the operation of the Business as presently conducted;
The Sellers and the Target Companies have made available to the Buyer copies of all environmental reports, including Phase I environmental site assessment reports, Phase II reports, if any, environmental audit reports conducted in the last five (5) years, material pleadings and documents related to any Environmental Claim, Environmental Permits and any Orders issued pursuant to Environmental Laws in the possession or control of the Sellers or the Target Companies with respect to the Real Property, the Business and any real property formerly owned, leased or operated by the Target Companies.
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