OF MAINE;
(B)
THERE WAS NO CONTAMINATION AT PROPERTY FORMERLY OWNED, LEASED OR
OPERATED BY ANY COMPANY OR ITS SUBSIDIARIES, OR ANY OF THEM, DURING OR, TO THE
KNOWLEDGE OF THE COMPANIES, PRIOR TO THE PERIOD OF OWNERSHIP OR OPERATION BY THE
COMPANIES AND THEIR SUBSIDIARIES (INCLUDING, WITHOUT LIMITATION IN IMPROVEMENTS,
SOILS, GROUNDWATER, SURFACE WATER IN, AT ON, FROM OR UNDER SUCH PROPERTIES),
AND, TO THE KNOWLEDGE OF THE COMPANIES, NONE OF SUCH PROPERTY IS IDENTIFIED ON
ANY CURRENT LIST, SCHEDULE, LOG, INVENTORY OR RECORD, HOWEVER DEFINED, OF
CONTAMINATED PROPERTY (INCLUDING WITHOUT LIMITATION, THE NATIONAL PRIORITIES
LIST OR OTHER LIST WITH RESPECT TO SITES FROM WHICH THERE IS OR HAS BEEN A
RELEASE OF A HAZARDOUS SUBSTANCE), ESTABLISHED AND/OR MAINTAINED OR ANY
GOVERNMENTAL AGENCY HAVING JURISDICTION OVER THE PROPERTY AND ANY HAZARDOUS
SUBSTANCES INCLUDING WITHOUT LIMITATION, BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY OR THE STATE OF MAINE;
(C)
NONE OF THE COMPANIES OR ANY OF THEIR SUBSIDIARIES, OR ANY OF
THEM, NOR, TO THE KNOWLEDGE OF THE COMPANIES, ANY CURRENT OR FORMER TENANT OF
ANY REAL PROPERTY IS SUBJECT TO ANY ORDERS, DECREES, INJUNCTIONS OR OTHER
ARRANGEMENTS WITH ANY GOVERNMENTAL AGENCY OR IS SUBJECT TO ANY INDEMNITY OR
OTHER AGREEMENT WITH ANY THIRD PARTY RELATING TO LIABILITY OR OTHER OBLIGATION
UNDER ANY ENVIRONMENTAL LAW OR RELATING TO HAZARDOUS SUBSTANCES THAT OBLIGATES
OR MAY OBLIGATE ANY OF THE COMPANIES OR ITS SUBSIDIARIES, OR ANY OF THEM, TO PAY
MONEY;
(D)
THE OWNERSHIP AND/OR OPERATION BY EACH COMPANY AND ITS
SUBSIDIARIES OF ITS BUSINESS IS CURRENTLY AND, AT ALL TIMES DURING SUCH
COMPANY'S AND ITS SUBSIDIARIES' OWNERSHIP OR OPERATION, IN STRICT COMPLIANCE
WITH ALL ENVIRONMENTAL LAWS;
(E)
DURING OWNERSHIP AND/OR OPERATION OF THE REAL PROPERTY BY THE
COMPANIES AND THEIR SUBSIDIARIES AND, TO THE KNOWLEDGE OF THE COMPANIES, AT ALL
OTHER TIMES, HAZARDOUS SUBSTANCES HAVE NOT BEEN MANAGED, MANUFACTURED, PRODUCED
OR GENERATED BY, RELEASED, TREATED OR STORED IN, ON, AT, UNDER OR TRANSPORTED TO
OR FROM, THE REAL PROPERTY IN VIOLATION OF ANY ENVIRONMENTAL LAWS;
(F)
TO THE KNOWLEDGE OF THE COMPANIES, THERE HAS BEEN NO RELEASE(S)
AND THERE EXISTS NO ENVIRONMENTAL CONDITION(S) AT, ON, UNDER OR FROM ANY OF THE
REAL PROPERTY;
(G)
THERE ARE NO ACTUAL, PENDING, OR, TO THE KNOWLEDGE OF THE
COMPANIES, THREATENED ENVIRONMENTAL CLAIMS INCLUDING, WITHOUT LIMITATION,
INVESTIGATIONS BY ANY GOVERNMENTAL AGENCY, AGAINST OR CONCERNING ANY COMPANY OR
ITS SUBSIDIARIES OR ANY OF THEIR
26
PROPERTIES, ASSETS OR BUSINESS, OR ANY OF THEM, WHICH, IF ADVERSELY DECIDED,
SINGLY OR IN THE AGGREGATE, WOULD REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT ON THE BUSINESS USE CURRENTLY CONDUCTED OR OTHERWISE RESULT IN AN
ENVIRONMENTAL LIABILITY;
(H)
THERE EXISTS NO MATERIAL LIEN AFFECTING THE BUSINESS, PROPERTIES
OR ASSETS OF ANY COMPANY OR ITS SUBSIDIARIES ARISING UNDER ENVIRONMENTAL LAWS;
AND
(I)
THE SELLERS HAVE MADE AVAILABLE TO THE BUYER COMPLETE AND LEGIBLE
COPIES OF ALL ENVIRONMENTAL ASSESSMENTS, REPORTS, AUDITS, COMMUNICATIONS TO/FROM
GOVERNMENTAL AGENCIES AND OTHER DOCUMENTS IN THEIR POSSESSION OR UNDER THEIR
CONTROL THAT RELATE TO (I)