received written or to knowledge of the Company, oral notice by any person or entity alleging any such liability; (E) neither the Company nor any of its subsidiaries is conducting or paying for, in whole or in part, any investigation, response or other corrective action pursuant to any Environmental Law at any site or facility, nor is any of them subject or a party to any order, judgment or decree issued by a governmental authority, which imposes any obligation or liability under any Environmental Law; (F) neither the Company nor any of its subsidiaries owns, occupies, or operates any real property at which there is or has been any Release (as defined below) or threatened Release of Materials of Environmental Concern (as defined below); (G) to the knowledge of the Company, no lien, charge, encumbrance or restriction has been recorded pursuant to any Environmental Law with respect to any assets, facility or property owned, operated or leased by the Company or any of its subsidiaries; and (H) to the knowledge of the Company there are no past or present actions, activities, circumstances, conditions or occurrences, including, without limitation, the Release or threatened Release of any Material of Environmental Concern, that could reasonably be expected to result in a violation of or liability under any Environmental Law on the part of the Company or any of its subsidiaries.
For purposes of this Agreement, Environment means ambient air, indoor air, surface water, groundwater, drinking water, soil, surface and subsurface strata, and natural resources such as wetlands, flora and fauna. Environmental Laws means, all federal, state, local and foreign laws or regulations, ordinances, codes, orders, decrees, judgments, other requirement or rule of law (including applicable principles of common law) and injunctions issued, promulgated or entered thereunder, relating to pollution or protection of the Environment or human health, including without limitation, those relating to (i) the Release or threatened Release of Materials of Environmental Concern; and (ii) the manufacture, processing, distribution, use, generation, treatment, storage, transport, handling or recycling of Materials of Environmental Concern. Materials of Environmental Concern means any substance, material, or waste, compound, or constituent, in any form, that is defined, listed or regulated as hazardous or toxic (or terms of similar regulatory intent or meaning) under Environmental Law, including, without limitation, petroleum and petroleum by-products, radioactive materials, asbestos-containing materials, polychlorinated biphenyls, and toxic mold. Release means any release, spill, emission, discharge, deposit, disposal, leaking, pumping, pouring, dumping, emptying, migrating, injection or leaching into the Environment;
(xxxii) The Company and its subsidiaries operate their respective businesses in a manner compliant in all material respects with all privacy, data security and data protection industry and regulatory guidance, laws, regulations, statutes, judgments, orders and rules, contractual obligations and their policies and procedures applicable to (A) their collection, handling, maintenance, usage, disclosure, transmission, disposal, storage and processing of all personal, personally identifiable, sensitive and regulated data (Personal Data), along with all other data, including without limitation, IP addresses, mobile device identifiers and website usage activity data (Device and Activity Data) and confidential, sensitive or proprietary business information (Business Data) (collectively, Data Protection Obligations) and (B) their information technology assets and equipment, including computers, systems, networks, hardware, software, websites, applications and databases (collectively, IT Systems); the Companys and its subsidiaries IT Systems are adequate for, and operate and perform in all material respects as required in connection with, the operation of the businesses of the Company and its subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants; the Company and its subsidiaries have implemented and maintain commercially reasonable controls, policies, procedures and safeguards to maintain and protect their IT Systems, Personal Data, Device and Activity Data and Business Data, and to ensure material compliance with all applicable Data Protection Obligations; the Company