or any CFGW Subsidiary is deemed to be the present or past owner or operator of the property; (B) any facility in which it is or was the owner or operator of the facility; and (C) all
other real property that, for purposes of any Environmental Law, it otherwise would be deemed to be a present or past owner or operator of or as otherwise having control over during the five years prior to the Execution Date.
(ii) Environmental Laws means all federal, state and local environmental, health, and safety Laws, regulations, orders,
authorizations, common Law and agency requirements relating to: (A) the protection or restoration of the environment, health and safety as it relates to exposures to Hazardous Substances or natural resource damages, (B) the handling, use,
transportation, treatment, storage, presence, disposal, release or threatened release of, or exposure to, any Hazardous Substance, or (C) wetlands, indoor air quality, pollution, contamination or any injury or threat of injury to persons or
property from exposure to any Hazardous Substance, including without limitation the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Water Act, and the Federal Clean Air Act,
each as amended, and including their respective state counterparts.
(iii) Hazardous Substances means any substance,
material or waste that is (A) defined as a hazardous substance, pollutant or contaminant, or hazardous waste or otherwise regulated pursuant to any Environmental Law, or (B) petroleum or a petroleum
product or by-product, asbestos-containing material, lead-containing paint or plumbing, or any other substance defined as hazardous, dangerous, or toxic under any
Environmental Law.
(b) To the Knowledge of CFGW, the Subject Properties currently owned, operated or leased are, and the Subject
Properties owned, operated, or leased at any time during the past five years was at the time owned, operated, or leased, in material compliance with all applicable Environmental Laws, and to the Knowledge of CFGW, no circumstances exist, or existed
at the time a Subject Properties, which is no longer owned, operated or leased, was owned, operated, or leased, that would result in a material violation of such Environmental Laws.
(c) To the Knowledge of CFGW, none of the following exist and no reasonable basis for any of the following exists: pending or threatened
claims, actions, investigations, notices of non-compliance, information requests or notices of potential responsibility or proceedings involving CFGW, its CFGW Subsidiaries or any Subject Properties, relating
to:
(i) an asserted liability of CFGW or any CFGW Subsidiaries, or any prior owner, occupier, or user of the Subject Properties under any
applicable Environmental Law or the terms and conditions of any permit, license, authority, settlement, agreement, decree or other obligation arising under any applicable Environmental Law;
(ii) the handling, storage, use, transportation, removal, release or disposal of Hazardous Substances;
(iii) the actual or threatened discharge, release or emission of Hazardous Substances from, on or under or within the Subject Properties into
the air, water, surface water, ground water, land surface, or subsurface strata; or
(iv) personal injuries or damage to the Subject
Properties related to or arising out of the release, use or disposal of Hazardous Substances.
(d) Except as disclosed on
Schedule 3.1.6, to the Knowledge of CFGW, no drums, barrels or storage tanks underground or similar vessels containing Hazardous Substances are present on the Subject Properties currently owned, operated, or leased by CFGW
or its CFGW Subsidiaries, or, if present, none of such vessels is leaking and each of them is in material compliance with all applicable Environmental Laws. With respect to any Subject Properties, except as would be in material compliance with
applicable Environmental
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