Example ContractsClauseshazardous materials activityVariants
Hazardous Materials Activity
Hazardous Materials Activity contract clause examples

. The Borrower shall not, nor shall it permit any Subsidiary to, do, or permit any other Person to do, any of the following: # use any of the Real Estate or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous Materials except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous Materials except in compliance in all material respects with Environmental Laws, # generate any Hazardous Materials on any Property except in compliance in all material respects with Environmental Laws, # conduct any activity at any Property in any manner that could reasonably be contemplated to cause a Release of Hazardous Materials on, upon or into the Property or any surrounding properties or any threatened Release of Hazardous Materials which might give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing clauses (a), (b), (c), (d) and (e)])])])])]) where any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and could not reasonably be expected to have a Material Adverse Effect.

. Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly # use (or permit any tenant to use) any of their respective Properties or assets for the handling, processing, storage, transportation, or disposal of any Hazardous Material, # generate any Hazardous Material in violation of Environmental Laws, # conduct any activity that is likely to cause a Release or threatened Release of any Hazardous Material in violation of Environmental Laws, or # otherwise conduct any activity or use any of their respective Properties or assets in any manner that is likely to violate any Environmental Law or create any Environmental Liabilities for which Borrower or any of its Subsidiaries would be responsible.

Neither the Borrower nor any of its Subsidiaries will generate, use, treat, store, Release or dispose of Hazardous Materials on any Real Property now or hereafter owned, leased or operated by the Borrower or any of its Subsidiaries or transport or arrange for transport of Hazardous Materials to or from any such Real Property other than in compliance with applicable Environmental Laws and in the ordinary course of business, except for such noncompliance as is not reasonably likely to have a Material Adverse Effect.

Section #11Environmental Protection. Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly # use (or permit any tenant to use) any of their respective Properties or assets for the handling, processing, storage, transportation, or disposal of any Hazardous Material, # generate any Hazardous Material in violation of Environmental Laws, # conduct any activity that is likely to cause a Release or threatened Release of any Hazardous Material in violation of Environmental Laws, or # otherwise conduct any activity or

Section #11Environmental Protection. Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly # use (or permit any tenant to use) any of their respective Properties or assets for the handling, processing, storage, transportation, or disposal of any Hazardous Material, # generate any Hazardous Material in violation of Environmental Laws, # conduct any activity that is likely to cause a Release or threatened Release of any Hazardous Material in violation of Environmental Laws, or # otherwise conduct any activity or use any of their respective Properties or assets in any manner that is likely to violate any Environmental Law or create any Environmental Liabilities for which Borrower or any of its Subsidiaries would be responsible.

§8.6 Compliance with Environmental Laws. None of the Credit Parties will do any of the following: # use any of the Real Estate or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous Substances, except for quantities of Hazardous Substances used in the ordinary course of a Subsidiary Guarantor’s or its tenants’ business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous Substances except in material compliance with Environmental Laws, # generate any Hazardous Substances on any of the Real Estate except in material compliance with Environmental Laws, # conduct any activity at any Real Estate or use any Real Estate in any manner that would reasonably be expected to cause a Release of Hazardous Substances on, upon or into the Real Estate or any surrounding properties which would reasonably be expected to give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Substances (except in compliance with all Environmental Laws), except, any such use, generation, conduct or other activity described in clauses # to # of this §8.6 would not reasonably be expected to have a Material Adverse Effect.

(i) No portion of the Unencumbered Properties is used by Borrower or Subsidiary Guarantors, or to the knowledge of Borrower or Subsidiary Guarantors, by any tenant or operator thereon for the handling, processing, storage or disposal of Hazardous Substances except in compliance with applicable Environmental Laws, and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Unencumbered Properties except those which are being operated and maintained, and, if required, remediated, in compliance with Environmental Laws; # in the course of any business activities conducted by the Borrower, their respective Subsidiaries or, to the Borrower’s actual knowledge, the tenants and operators of their properties, no Hazardous Substances have been generated or are being used on the Unencumbered Properties except in the ordinary course of Borrower’s or Subsidiary Guarantors’ or their tenants and operators’ business and in compliance with applicable Environmental Laws; # to Borrower’s actual knowledge, there has been no past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (other than in reasonable quantities to the extent necessary in the ordinary course of operation of Borrower’s, Subsidiary Guarantors’, their tenants’ or operators’ business and, in any event, in compliance with all Environmental Laws) (a “Release”) or threatened Release of Hazardous Substances on, upon, into or from the Unencumbered Properties, which Release would reasonably be expected to have a Material Adverse Effect; # to Borrower’s knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Unencumbered Properties which, through soil or groundwater contamination, have come to be located on the Unencumbered Properties, and which would be reasonably anticipated to have a Material Adverse Effect; and # to Borrower’s actual knowledge, any Hazardous Substances that have been generated on any of the Unencumbered Properties have been transported off-site in accordance with all applicable Environmental Laws and in a manner that would not reasonably be expected to have a Material Adverse Effect.

Section # Hazardous Materials. The Borrowers will not, and will not permit any of their respective Subsidiaries or agents to, cause or permit a Release or threat of Release of Hazardous Materials on, at, in, above, to, from or about any of the property where such Release or threat of Release would # violate, or form the basis for any Environmental Claims under, any Environmental Law or any Environmental Permit or # otherwise adversely impact the value or marketability of any property of any Borrower or any of its Subsidiaries or any of the Collateral, other than such Release, violation or Environmental Claim as could not reasonably be expected to result in a material Environmental Liability.

§8.6 Compliance with Environmental Laws. None of the Credit Parties will do any of the following: # use any of the Unencumbered Properties or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous Substances, except for quantities of Hazardous Substances used in the ordinary course of a Subsidiary Guarantor’s or its tenants’ business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Unencumbered Properties any underground tank or other underground storage receptacle for Hazardous Substances except in material compliance with Environmental Laws, # generate any Hazardous Substances on any of the Unencumbered Properties except in material compliance with Environmental Laws, # conduct any activity at any Unencumbered Properties or use any Unencumbered Properties in any manner that would reasonably be expected to cause a Release of Hazardous Substances on, upon or into the Unencumbered Properties or any surrounding properties which would reasonably be expected to give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Substances (except in compliance with all Environmental Laws), except, any such use, generation, conduct or other activity described in clauses # to # of this §8.6 would not reasonably be expected to have a Material Adverse Effect.

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