FairPoint Communications 2005 Annual Report Download - page 168

civil investigative demand, complaint, action, suit or proceeding at law or in equity or by or before any adjudicative body now pending against SICC, a
Subsidiary or any director, officer or key employee of SICC or a Subsidiary which has a reasonable possibility of hindering the enforceability or performance
of this Agreement or any action taken or to be taken pursuant hereto, nor to the Knowledge of SICC or any Shareholder has there occurred any event or does
there exist any condition on the basis of which any such litigation, proceeding or investigation might properly be instituted. There is no outstanding judgment,
injunction, decree or order issued by any adjudicative body against SICC or a Subsidiary except FCC and/or ICC orders issued in the ordinary course or
affecting the Cellular Services industry generally, or those Cellular Services operating in Illinois specifically.
2.19 Environmental Matters.
(a) SICC and each Subsidiary has obtained from Governmental Authorities any permits, licenses, authorizations or other consents
(“Environmental Permits”) required, if any, under applicable Environmental Law for the operation of their respective business as currently conducted.
(b) For any real property owned or leased by SICC or any Subsidiary (the “Properties”) at which any Hazardous Substance has ever been or
is now being generated, used, stored, treated or otherwise managed by SICC or any Subsidiary, each such activity has been and is in material compliance
with applicable Environmental Laws. No Hazardous Substances have been, or are being, Released, discharged, disposed, placed, or otherwise caused to come
to be located on or in the soil, surface water or groundwater in, on or under any of the Properties by SICC or a Subsidiary or, to the Knowledge of SICC and
the Shareholders, by any other Person that would require reporting under applicable Environmental Laws. No Hazardous Substances have been shipped or
transported from any of the Properties for treatment, storage or disposal at any other facility by SICC or a Subsidiary or, to the Knowledge of SICC and any
Shareholder, by any other Person, except in compliance with Environmental Laws. Neither SICC nor its Subsidiaries have disposed, stored, treated, or sent
for disposal, storage or treatment, any solid waste, pollutant, contaminant or waste (whether hazardous waste or other waste), or Hazardous Substances,
except in compliance with applicable Environmental Laws, and then only to a facility which possessed any required permits under all applicable
Environmental Laws. There are no, and to the Knowledge of SICC and any Shareholder never have been any, underground or above ground storage tanks at
any of the Properties. No environmental remediation or other environmental response is occurring on any of the Properties, nor has SICC or a Subsidiary
issued a request for proposal or otherwise asked an environmental remediation contractor to begin plans for such environmental remediation or other
environmental response.
(c) To the Knowledge of SICC and any Shareholder, no circumstances exist that would form the basis for (i) any notice of violation of any
applicable Environmental Law, or (ii) any notice of any suit, action, claim, liability (contingent or otherwise) or proceeding (whether at law, in equity, or
administrative) concerning or related to Environmental Laws that could result in a material liability with respect to the business or the assets that are the
subject of this Agreement. SICC and the Subsidiaries have never received any notice of liability as a potentially responsible party under Environmental Laws.
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