(c) None of the following exists, and to the Knowledge of FNB, 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 FNB, its FNB Subsidiaries, or any Subject Property, relating to:
(i) an asserted liability of FNB or any
FNB Subsidiary, or any prior owner, occupier or user of Subject Property, 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 Subject Property into the air, water, surface water, ground water, land surface, or subsurface strata; or
(iv) personal injuries or damage to the Subject Property related to or arising out of the release, use or disposal of
Hazardous Substances.
(d) Except as disclosed in
Schedule
3.1.7
, no drums, barrels or
storage tanks underground or otherwise are present on the Subject Property currently owned, operated, or leased by FNB or its FNB Subsidiaries, or, if present, none of such vessels is leaking and each of them is in full compliance with all
applicable Environmental Laws. With respect to any Subject Property, except as permitted by applicable Environmental Laws, neither FNB nor the Bank owns, possesses, or controls any PCBs,
PCB-contaminated
fluids, wastes or equipment, or any material amount of asbestos or asbestos-containing material. Any asbestos or asbestos-containing material on the Subject Property currently owned by FNB or its FNB Subsidiaries is properly contained in compliance
with all applicable Environmental Laws, and to the Knowledge of FNB, there is no threat that asbestos or asbestos-containing material will be released into the environment. To the Knowledge of FNB, no Hazardous Substances have been used, handled,
stored, discharged, released or emitted, or are threatened to be discharged, released or emitted, at, on or from any Subject Property, except in compliance with applicable Environmental Laws.
(e) No part of the Subject Property has since January 1, 2014, been subject to, or is scheduled for,
investigation, monitoring, or other remedial action under any applicable Environmental Law.
(f) To the Knowledge
of FNB, no condition from, on or under the Subject Property exists with respect to the Subject Property that would require remedial action under applicable Environmental Laws.
(g) FNB has made available to GBCI true, correct, and complete copies of all reports or tests with respect to
compliance of any Subject Properties with any Environmental Laws or the presence of Hazardous Materials that were prepared by or for FNB or any FNB Subsidiary since January 1, 2006, or prepared for other Persons and are in the possession,
custody, or control of FNB or any FNB Subsidiary.
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