Conduct of Tenant. If Tenant generates, uses, transports, stores, treats or disposes of any Hazardous Materials: (a) Tenant shall, at its own cost and expense, comply with all Environmental laws relating to hazardous or toxic materials; (b) Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containers; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Land, to ground water, whether directly or indirectly; (iv) at Tenant’s own cost and expense arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; (viii) use only highly skilled people to address all environmental issues associated with this Lease, that such people and all employees of Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in this Lease; (c) Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s obligations under subparagraph (b) above; (d) Landlord and Landlord’s agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and (e) Upon the written request of Landlord not more frequently than once every year or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water and soil, to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused during the Term of this Lease, and such event gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 7 contracts
Sources: Lease Agreement, Industrial Building Lease (Bway Corp), Industrial Building Lease (Bway Corp)
Conduct of Tenant. If Tenant Tenant, with the prior written authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) A. Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsHazardous Materials;
(b) B. Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containerscontainers or at any other location at the Premises; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Landland, to ground water, whether directly or indirectly; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to the Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people to address all environmental issues associated with this Leasethe leasehold, that such people and all employees of the Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in Section 32.1 of this Lease;
(c) C. Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s 's obligations under subparagraph (bB) above;
(d) D. Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) E. Upon the written request of Landlord not no more frequently than once every year year, or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of air, water and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent If the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused in whole or in part during the Term of this Lease, and such event Lease of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Conduct of Tenant. If Tenant Tenant, with the prior written authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion, generates, uses, transports, stores, treats treats, or disposes of any Hazardous MaterialsMaterial:
(a) Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsany Hazardous Material;
(b) Tenant shall (i) not dispose of any Hazardous Materials Material in dumpsters or trash containerscontainers or at any other location' at the Premises; (ii) not discharge any Hazardous Materials Material into drains or sewers; (iii) not cause or allow the release, discharge, emission emission, or run-off of any Hazardous Materials Material to air, to surface waters, to the Landland, to or ground water, whether directly or indirectly; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; : (v) provide secondary containment around all Hazardous Materials Material storage containers, storage facilities facilities, and above above-ground storage tanks; (vi) conduct all necessary environmental inspections, such as, including but not limited to, to asbestos inspections prior to any renovation or demolition, demolition as required by 40 CFR Part 61 61, and provide copies of all reports associated with such reports inspections to Landlord; (vii) comply with all reporting requirements under any localfederal, state state, or federal local ordinance, statute statute, or regulation, such as, including but not limited to, to toxics inventory reporting under the Emergency Planning and Community Right-to-Know ActEPCRA, the provisions under of 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds compounds, and Tenant shall provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people acceptable to Landlord to address all environmental issues associated with this Leasethe Premises, and ensure that such people and all employees of the Tenant shall receive all required training or certification required under any localfederal, state state, or federal law local legal requirement specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) Tenant shall promptly provide Landlord with copies of all communications, permits permits, or agreements with any governmental authority or agency (federal, state state, or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s 's obligations under subparagraph (bB) above;
(d) Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises Premises, upon reasonable advance notice to Tenant and shall not unreasonably disrupt Tenant's business operations at the Premises, except in the event of an emergency, and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises; and
(e) Upon the written request of Landlord not more frequently than once every year or on On any other occasion in the event that Landlord has reason to believe can show a likelihood that Tenant's operations at the Premises caused an existing environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water air, water, and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials Material on the Premises and (ii) the lack of any releases, discharges discharges, or emissions. To the extent If the presence, release, threat of release, or placement of any Hazardous Material on or in the Premises of any Hazardous Materials occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials Material at the Premises occurs or is caused in whole or in part during the Term of this Lease, and such event gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws Law or common law theory, including, including but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous MaterialsMaterial, whether or not required by law.
Appears in 1 contract
Sources: Industrial Building Lease (Eagle Test Systems, Inc.)
Conduct of Tenant. If Tenant Tenant, with the prior written ----------------- authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) A. Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsHazardous Materials other than Pre-Existing Conditions;
(b) B. Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containerscontainers or at any other location at the Project; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Landland, to ground water, whether directly or indirectly; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to the Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people to address all environmental issues associated with this Leasethe leasehold, that such people and all employees of the Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) C. Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s 's obligations under subparagraph (bB) above;
(d) D. Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the PremisesPremises and/or the Project provided Tenant shall have the right to have one of Tenant's agents or employees escort Landlord during any entry hereunder; and
(e) E. Upon the written request of Landlord not no more frequently than once every year year, or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of air, water and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises or the Project and (ii) the lack of any releases, discharges , or emissions. To the extent If the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials and/or the Project occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises and/or the Project occurs or is caused in whole or in part during the Term of this Lease, and such event Lease of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises and/or the Project containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Conduct of Tenant. If Tenant generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materials;
(b) Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containers; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Land, to ground water, whether directly or indirectly; (iv) at Tenant’s own cost and expense arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; (viii) use only highly skilled people to address all environmental issues associated with this Lease, that such people and all employees of Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in this Lease;
(c) Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s obligations under subparagraph (b) above;
(d) Landlord and Landlord’s agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) Upon the written request of Landlord not more frequently than once every year or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water and soil, to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused during the Term of this Lease, and such event gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Conduct of Tenant. If Tenant Tenant, with the prior written authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion, and as otherwise permitted by Section 30.2 F, generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) A. Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsHazardous Materials;
(b) B. Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containerscontainers or at any other location at the Premises; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Landland, to ground water, whether directly or indirectly; (iv) at Tenant’s own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to the Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people to address all environmental issues associated with this Leasethe leasehold, that such people and all employees of the Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) C. Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s obligations under subparagraph (bB) above;
(d) D. Landlord and Landlord’s agents and employees shall have the right to enter the Premises upon on reasonable prior notice to Tenant and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) E. Upon the written request of Landlord not no more frequently than once every year year, or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of air, water and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent If the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused in whole or in part during the Term of this Lease, and such event Lease of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Sources: Industrial Building Lease (Factory Card & Party Outlet Corp)
Conduct of Tenant. If Tenant Tenant, with the prior written authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion, and as otherwise permitted by Section 30.2 F, generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) A. Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsHazardous Materials;
(b) B. Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containerscontainers or at any other location at the Premises; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Landland, to ground water, whether directly or indirectly; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to the Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people to address all environmental issues associated with this Leasethe leasehold, that such people and all employees of the Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) C. Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s 's obligations under subparagraph (b13) above;
(d) D. Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises upon on reasonable prior notice to Tenant and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) E. Upon the written request of Landlord not no more frequently than once every year year, or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of air, water and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent If the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused in whole or in part during the Term of this Lease, and such event Lease of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Sources: Industrial Building Lease (Factory Card Outlet Corp)
Conduct of Tenant. If Tenant Tenant, in the current operation ----------------- of its business or otherwise with the prior written authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion, generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) Tenant shall, at its own cost and expense, comply with all Environmental applicable environmental laws relating to hazardous or toxic materialssuch Hazardous Materials;
(b) Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containers; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Land, to ground water, whether directly or indirectly; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to the Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people to address all environmental issues associated with this Leasethe leasehold, and that such people and all employees of the Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws environmental laws or to any violation of Tenant’s 's obligations under subparagraph (b) above;
(d) Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct at Landlord's expense appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the PremisesPremises and/or the Project; and
(e) Upon the written request of Landlord not no more frequently than once every year Lease Year, or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, . Tenant shall provide Landlord the results of appropriate tests, including tests of air, water and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissionsemissions from the Premises. To the extent If the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials and/or the Project occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises and/or the Project occurs or is caused in whole or in part during the Term of this Lease, and such event Lease of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws environmental laws or common law theory, including, but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure and/or the Project in accordance with applicable environmental laws, except to liability arising from the Hazardous Materials, whether extent any of the foregoing is caused by Landlord or not required by lawany other tenant in the Project.
Appears in 1 contract
Sources: Industrial Building Lease (Styrochem International Inc)
Conduct of Tenant. If Tenant generates, uses, transports, stores, treats treats, or disposes of any Hazardous MaterialsMaterial:
(a) A. Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsany Hazardous Material;
(b) B. Tenant shall (i) not dispose of any Hazardous Materials Material in dumpsters or trash containerscontainers or at any other location at the Premises, except in compliance with applicable Environmental Law or a permit issued to Tenant and approved by Landlord; (ii) not discharge any Hazardous Materials Material into drains or sewerssewers except in compliance with applicable Environmental Law or a permit issued to Tenant and approved by Landlord; (iii) not cause or allow the release, discharge, emission emission, or run-off of any Hazardous Materials Material to air, to surface waters, to the Landland, to or ground water, whether directly or indirectlyindirectly except in compliance with applicable Environmental Law or a permit issued to Tenant and approved by Landlord; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials Material storage containers, storage facilities facilities, and above above-ground storage tanks; (vi) conduct all necessary environmental inspections, such as, including but not limited to, to asbestos inspections prior to any renovation or demolition, demolition as required by 40 CFR Part 61 61, and provide copies of all reports associated with such reports inspections to Landlord; (vii) comply with all reporting requirements under any localfederal, state state, or federal local ordinance, statute statute, or regulation, such as, including but not limited to, to toxics inventory reporting under the Emergency Planning and Community Right-to-Know ActEPCRA, the provisions under of 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds compounds, and Tenant shall provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people reasonably acceptable to Landlord to address all environmental issues associated with this Leasethe Premises, and ensure that such people and all employees of the Tenant shall receive all required training or certification required under any localfederal, state state, or federal law local legal requirement specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) C. Tenant shall promptly provide Landlord with copies of all communications, permits permits, or agreements with any governmental authority or agency (federal, state state, or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s 's obligations under subparagraph (bB) above;
(d) D. Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose propose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises; and
(e) Upon the written request of Landlord not more frequently than once every year or on any other occasion in E. In the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water air, water, and soil, soil to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials Material on the Premises and (ii) the lack of any unpermitted releases, discharges discharges, or emissions. To the extent If the presence, release, threat of release, or placement of any hazardous Material on or in the Premises of any Hazardous Materials occurs or is caused in whole or in part during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials Material at the Premises occurs or is caused in whole or in part during the Term of this Lease, and such event gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws Law or common law theory, including, including but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous MaterialsMaterial, whether or not required by law.
Appears in 1 contract
Sources: Industrial Building Lease (Nanophase Technologies Corporation)
Conduct of Tenant. If Tenant Tenant, with the prior written authorization of Landlord, which authorization may be granted or denied by Landlord in its sole and absolute discretion generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) A. Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materialsHazardous Materials;
(b) B. Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containerscontainers or at any other location at the Premises; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Landland, to ground water, whether directly or indirectly; (iv) at Tenant’s 's own cost and expense expense, arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such asif any, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 demolition and provide copies of all such reports to the Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; and (viii) use only highly skilled people to address all environmental issues associated with this Leasethe leasehold, that such people and all employees of the Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in Section 30.1 of this Lease;
(c) C. Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s 's obligations under subparagraph (bB) above;; and
(d) D. Landlord and Landlord’s 's agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) Upon the written request of Landlord not more frequently than once every year or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water and soil, to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent If the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused in whole or in part by Tenant or any member of the Tenant Group during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused in whole or in part during the Term of this Lease, and such event Lease by Tenant or any member of the Tenant Group of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, to nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Sources: Office and Industrial Building Lease (Ha Lo Industries Inc)
Conduct of Tenant. If Tenant generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materials;
(b) Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containers; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Land, to ground water, whether directly or indirectly; (iv) at Tenant’s own cost and expense arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to Landlord; (vii) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; (viii) use only highly skilled people to address all environmental issues associated with this Lease, that such people and all employees of Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in this Lease;
(c) Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s obligations under subparagraph (b) above;
(d) Landlord and Landlord’s agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) Upon the written request of Landlord not more frequently than once every year or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water and soil, to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any any, way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused during the Term of this Lease, and such event gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Sources: Industrial Building Lease (Phoenix Container, Inc.)
Conduct of Tenant. If Tenant generates, uses, transports, stores, treats or disposes of any Hazardous Materials:
(a) Tenant shall, at its own cost and expense, comply with all Environmental laws Laws relating to hazardous or toxic materials;
(b) Tenant shall (i) not dispose of any Hazardous Materials in dumpsters or trash containers; (ii) not discharge any Hazardous Materials into drains or sewers; (iii) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the Land, to ground water, whether directly or indirectly; (iv) at Tenant’s own cost and expense arrange for the lawful transportation and off-site disposal of all Hazardous Materials generated by Tenant; (v) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (vi) conduct all necessary environmental inspections, such as, but not limited to, asbestos inspections prior to any renovation or demolition, as required by 40 CFR Part 61 and provide copies of all such reports to Landlord; (vii) comply with all ail reporting requirements under any local, state or federal ordinance, statute or regulation, such as, but not limited to, toxics inventory reporting under the Emergency Planning and Community Right-to-Know Act, the provisions under 40 CFR Part 61, or various regulations controlling the emissions into the atmosphere of volatile organic compounds and provide copies of all such reports and notifications to Landlord; (viii) use only highly skilled people to address all environmental issues associated with this Lease, that such people and all employees of Tenant shall receive all required training or certification under any local, state or federal law specifically mentioned or alluded to in this Lease;
(c) Tenant shall promptly provide Landlord with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant’s obligations under subparagraph (b) above;
(d) Landlord and Landlord’s agents and employees shall have the right to enter the Premises upon reasonable notice and/or conduct appropriate tests for the purpose of ascertaining that Tenant complies with all applicable laws, rules or permits relating in any way to the presence of Hazardous Materials on the Premises; and
(e) Upon the written request of Landlord not more frequently than once every year or on any other occasion in the event that Landlord has reason to believe an environmental problem exists at the Premises, Tenant shall provide Landlord the results of appropriate tests, including tests of water and soil, to demonstrate (i) that Tenant is in compliance with all applicable laws, rules or permits relating in any way to the presence of any Hazardous Materials on the Premises and (ii) the lack of any releases, discharges , or emissions. To the extent the presence, release, threat of release, placement on or in the Premises of any Hazardous Materials occurs or is caused during the Term of this Lease, or the generation, transportation, storage, treatment, or disposal of any Hazardous Materials at the Premises occurs or is caused during the Term of this Lease, and such event gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any Environmental Laws or common law theory, including, but not limited to, nuisance, strict liability, negligence and trespass, Tenant shall promptly take any and all remedial and removal action necessary to clean up the Premises containing such Hazardous Materials and mitigate exposure to liability arising from the Hazardous Materials, whether or not required by law.
Appears in 1 contract
Sources: Industrial Building Lease (Phoenix Container, Inc.)