OR, TO ISIS' OR
IBIS' KNOWLEDGE, ORAL NOTICE THAT THE BUSINESS OR IBIS IS IN VIOLATION OF ANY OF
THE TERMS OR CONDITIONS OF SUCH MATERIAL LICENSE. NO LOSS OR SUSPENSION OF ANY
LICENSE NOR ANY PROCEEDING OR INVESTIGATION WHICH IS SEEKING SUCH A LOSS OR
SUSPENSION IS PENDING OR, TO ISIS' OR IBIS' KNOWLEDGE, THREATENED. NEITHER IBIS
NOR ISIS IS OPERATING UNDER ANY WRITTEN OR ORAL FORMAL OR INFORMAL AGREEMENT OR
UNDERSTANDING WITH ANY LICENSING AUTHORITY, REGULATORY AUTHORITY OR ANY OTHER
GOVERNMENTAL AUTHORITY WHICH RESTRICTS THE CONDUCT OF THE BUSINESS OR REQUIRES
IBIS OR, WITH RESPECT TO THE BUSINESS, ISIS, TO TAKE OR REFRAIN FROM TAKING ANY
ACTIONS.
30
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ENVIRONMENT, HEALTH AND SAFETY. IBIS AND THE BUSINESS HAVE AT ALL TIMES
MATERIALLY COMPLIED WITH AND ARE IN MATERIAL COMPLIANCE WITH ALL ENVIRONMENTAL
LAWS, INCLUDING, WITHOUT LIMITATION, ALL LICENSES AND OTHER AUTHORIZATIONS THAT
ARE REQUIRED PURSUANT TO ENVIRONMENTAL LAWS FOR THE OWNERSHIP AND OCCUPATION OF
THE ASSETS USED BY IBIS AND THE OPERATION OF THE BUSINESS. NEITHER IBIS NOR
ISIS, WITH RESPECT TO THE BUSINESS IS AWARE OF OR HAS REASON TO BE AWARE OF OR
HAS RECEIVED ANY NOTICE, REQUEST FOR INFORMATION, REPORT, ORDER, DIRECTIVE,
COMMUNICATION OR OTHER INFORMATION, WRITTEN OR ORAL, REGARDING ANY ACTUAL OR
ALLEGED VIOLATION OF ENVIRONMENTAL LAWS, OR ANY CLAIMS OR OTHER LIABILITIES OR
POTENTIAL LIABILITIES (WHETHER ACCRUED, ABSOLUTE, CONTINGENT, UNLIQUIDATED OR
OTHERWISE) ARISING UNDER ENVIRONMENTAL LAWS, RELATING TO THE BUSINESS, THE REAL
PROPERTY OR IBIS, WHICH HAS NOT BEEN RESOLVED WITHOUT LIABILITY TO IBIS. NEITHER
IBIS NOR ITS AFFILIATES NOR ANY OF ITS LEGAL PREDECESSORS HAS, IN VIOLATION OF
ENVIRONMENTAL LAWS, TREATED, STORED, DISPOSED OF, ARRANGED FOR OR PERMITTED THE
DISPOSAL OF, TRANSPORTED, HANDLED, OR RELEASED, OR EXPOSED ANY PERSON TO, ANY
HAZARDOUS MATERIALS, OR OWNED OR OPERATED ANY PROPERTY OR FACILITY (AND NO SUCH
PROPERTY OR FACILITY INCLUDING THE REAL PROPERTY IS CONTAMINATED BY ANY SUCH
HAZARDOUS MATERIALS) SO AS TO GIVE RISE TO ANY CURRENT OR FUTURE LIABILITY UNDER
ENVIRONMENTAL LAWS, INCLUDING WITHOUT LIMITATION, ANY LIABILITY TO INVESTIGATE,
REMEDIATE, CLEANUP, MONITOR OR TAKE ANY SIMILAR ACTIONS WITH RESPECT TO THE
ENVIRONMENTAL CONDITION OF ANY PROPERTY (WHETHER OWNED OR NON-OWNED), FACILITY
OR TREATMENT, STORAGE OR DISPOSAL FACILITY. NONE OF THE FOLLOWING EXISTS OR TO
ISIS' OR IBIS' KNOWLEDGE, HAS EVER EXISTED AT THE REAL PROPERTY: UNDERGROUND
STORAGE TANKS, SEPTIC TANKS, ASBESTOS CONTAINING MATERIALS, POLYCHLORINATED
BIPHENYLS, LEAD-BASED PAINT, UREA-FORMALDEHYDE, DUMPS, LANDFILLS, OR WASTE
DISPOSAL AREAS, SUMPS, PITS, LAGOONS, SURFACE IMPOUNDMENTS OR WETLANDS, OR ANY
CONTAMINATION OF ANY KIND OF THE SURFACE, SUBSURFACE, GROUNDWATER OR SURFACE
WATER. IBIS HAS NOT ASSUMED OR BECOME SUBJECT TO, WHETHER EXPRESSLY OR BY
OPERATION OF LAW, ANY LIABILITIES OF ANY OTHER PERSON ARISING UNDER
ENVIRONMENTAL LAWS OR PURSUANT TO ANY TYPE OF AGREEMENT. THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT DO NOT IMPOSE ANY OBLIGATION ON THE
BUSINESS UNDER ANY ENVIRONMENTAL LAW OR REQUIRE NOTIFICATION TO OR CONSENT OF
ANY GOVERNMENTAL AUTHORITY OR THIRD PARTY PURSUANT TO ANY ENVIRONMENTAL LAW.
IBIS HAS PROVIDED TO AMI