|FORTERRA, INC. filed this Form 8-K on 06/11/2018|
provincial common law, including the common law of public or private nuisance, trespass, negligence or strict liability, where such common law pertains to public health and safety, occupational health and safety, natural resources, environmental protection, the public trust doctrine, or the use and enjoyment of property, and all judicial orders promulgated under said laws; and (iv) all similar provincial laws, regulations, permit conditions, or binding governmental policies or which otherwise regulate environmental matters and are applicable to any of the Demised Properties.
“Environmental Media” means soil, fill material, or other geologic materials at all depths, groundwater at all depths, surface water including storm water and sewerage, indoor and outdoor air, and all living organisms, including all animals and plants, whether such Environmental Media are located on or off the Demised Properties.
“EPS Department” is defined in Section 4.05.
“Equipment Relocation” is defined in Section 4.03.
“Estoppel Certificate” is defined in Article 24.
“Event of Default” is defined in Section 15.01.
“Exercise Notice” is defined in Section 34.02.
“Fair Market Rental Value” has the meaning set forth in Section 3.02 for use in that Section.
“First Amendment” is defined in Recital A.
“GAAP” means Canadian generally accepted accounting principles as in effect from time to time, including those set forth in the Handbook of the Canadian Professional Accountants, which are applicable to the circumstances as of the date of determination.
“Governmental Authority” means (i) any international, foreign, federal, provincial, regional, county or municipal government, or political subdivision thereof, (ii) any governmental or quasi-governmental agency, authority, board, bureau, commission, department, instrumentality or public body, or (iii) any court, administrative tribunal or public utility.
“Guarantor” means Forterra, Inc., a Delaware corporation, or any replacement guarantor pursuant to a Replacement Guaranty delivered in accordance with the terms hereof.
“Guaranty” shall mean the Guaranty of Amended and Restated Master Land and Building Lease dated as of the date hereof from Guarantor to Landlord guaranteeing the payment and performance by Tenant of all of Tenant’s obligations under this Lease, or any Replacement Guaranty delivered in accordance with the terms hereof.
“Hazardous Materials” means any ignitable, reactive, explosive, corrosive, carcinogenic, mutagenic, toxic or radioactive material, whether virgin material, secondary material, by-product, waste or recycled material, defined, regulated or designated as a contaminant, pollutant, hazardous or toxic substance, material, waste, contaminant or pollutant under any Environmental Laws or otherwise regulated as hazardous under any other Canadian, state, provincial or local law, statute, regulation or ordinance presently in effect or as amended or promulgated in the future during the Term hereof, and shall specifically include: (i) those materials included within the definitions of “hazardous substances,” “extremely hazardous substances,” “hazardous materials,”
SCHEDULE 1-3 A&R MASTER LAND AND BUILDING LEASE