Underground Tanks. Tenant shall have no right to use or install any underground or other storage tanks at the Project.

Underground Tanks. If underground or other storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.

All underground storage tank systems, as that term is defined in 40 C.F.R. Section 280.12 and similar state Environmental Law (as defined below) regulating underground storage tanks, and all piping, fill and vent ports, overflow protection equipment, and leak detection equipment associated with such tanks at the Properties.

Are underground storage tanks (USTs), aboveground storage tanks (ASTs), or associated pipelines used for the storage of petroleum products, chemicals, or liquid wastes present on site (lease renewals) or required for planned operations (new tenants)? Yes ☐ No☐

There are no underground storage tanks on or under any real property owned, leased or used by the Company or any of its Subsidiaries that are not in compliance with applicable law.

To the best knowledge of the Loan Parties, none of the properties currently or formerly owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries is listed or proposed for listing on the NPL or on the CERCLIS or any analogous foreign, state or local list; there are no and never have been any underground or above-ground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Materials are being or have been treated, stored or disposed on any property currently owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries or, to the best of the knowledge of the Loan Parties, on any property formerly owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries; there is no asbestos or asbestos-containing material on any property currently owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries; and Hazardous Materials have not been released, discharged or disposed of on any property currently or formerly owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries.

“Cushion Gas” means, with respect to the ​’s share of the Facility, the volume of natural gas in the storage reservoirs of the Facility that is needed as inventory to maintain long-term operational integrity, including the ability to maintain on a long-term basis the Parameters, but excluding the volume of natural gas in the storage reservoirs immediately prior to any injection of gas into the reservoirs for purposes of converting the reservoirs to underground gas storage use.

“US Salt Lease” means that certain State of New York Underground Gas Storage Lease dated September 6, 1994, by and between the Department of Environmental Conservation of the State of New York and US Salt, LLC, as successor in interest to Akzo Nobel Salt Inc.

“Environmental Law” means any Legal Requirement in effect as of the Closing Date that requires # advising appropriate authorities, employees, and the public of intended or actual releases of Hazardous Substances, violations of discharge limits, or other prohibitions and of the commencements of activities, such as resource extraction or construction, that could have significant impact on the environment or result in an Environmental Claim; # preventing or reducing to acceptable levels the release of Hazardous Substances into the environment; # the cleaning up of Hazardous Substances that have been released, preventing the threat of release, or paying the costs of such cleanup; # the treatment, storage, disposal, generation and transportation of industrial, toxic or Hazardous Substances; # the prevention of any release or threat of release into the environment of Hazardous Substances; # the closure or removal of underground and other storage tanks or vessels, abandoned, disposed or discarded barrels, containers and other closed receptacles; # any procedures relating to the manufacture, processing, use, distribution, treatment, storage, disposal, transportation or handling of Hazardous Substances; and # the regulation by any federal, state or local governing entity of any matter, the violation of which could result in an Environmental Claim being asserted.

As set forth in [Exhibit C], CLIENT warrants that, to its knowledge, it has provided all necessary documentation and proper handling instructions for all Products to be stored and handled by OHL, and that such information is accurate, complete and sufficient to allow OHL to comply with all laws, regulations and ordinances concerning the storage, handling, shipping and transporting of such Products. In the event CLIENT becomes aware of any new, additional or incomplete information not [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED