Hazardous and Toxic Materials Sample Clauses
Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations.
(b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials.
(c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.”
(d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after w...
Hazardous and Toxic Materials. 20.1 As used herein:
Hazardous and Toxic Materials. Tenant shall, throughout the term hereof, without cost to Owner, fully comply with all environmental, pollution and “Hazardous Substance” rules and regulations relating to the storage, use and disposal of Hazardous Substances. “
Hazardous and Toxic Materials. Except as set forth in EXHIBIT 6.23 attached hereto, (a) to the best knowledge of the Company and each of its Subsidiaries, no hazardous or toxic waste or substance or any other contaminant or pollutant including without limitation any oil or pesticide ("Hazardous Materials") have been generated, used, treated or stored on, or transported to or from, any of the property owned, leased or operated by the Company or any of its Subsidiaries except in compliance with all applicable Environmental Laws, (b) to the best knowledge of the Company and its Subsidiaries, there have been no spills, discharges, releases or cleanups of any Hazardous Materials ("Hazardous Discharges") on any of the property owned, leased or operated by the Company or any of its Subsidiaries, except such Hazardous Discharges which do not violate any federal, state or local laws, ordinances, rules, regulations, or policies existing or enacted relating to the environment, health and safety, any Hazardous Discharges or to industrial hygiene or environmental conditions (collectively "Environmental Laws"), (c) the Company and its Subsidiaries are in compliance in all material respects with all applicable Environmental Laws and the requirements of any permits issued under such Environmental Laws with respect to any property owned, leased or operated by the Company or any of its Subsidiaries, and (d) there are no pending or, to the best knowledge of the Company and its Subsidiaries, threatened claims relating to the foregoing against the Company, any of its Subsidiaries or the property owned, leased or operated by the Company or its Subsidiaries.
Hazardous and Toxic Materials. (a) None of the properties owned, ----------------------------- leased or operated by the Company or any of its Subsidiaries is in material violation of any federal, state or local laws, ordinances or regulations existing or enacted relating to the environment, health and safety, any Hazardous Discharges (as hereinafter defined) or to industrial hygiene or the environmental conditions on, under or about any of the property owned, leased or operated by the Company or any of its Subsidiaries, including, without limitation, soil and ground water conditions; (b) neither the Company nor any of its Subsidiaries has received any complaint, order, citation or notice with regard to air emissions, Hazardous Discharges or other environmental, health or safety matters affecting any of the properties at any time owned, leased or operated by the Company or any of its Subsidiaries or the businesses therein conducted, and (c) there has been no spill, discharge, release or cleanup of any hazardous or toxic waste or substance or any oil or pesticide which would result in a Material Adverse Effect ("Hazardous Substances") at any of the properties at any time owned, leased or operated by the Company or any of its Subsidiaries, including, without limitation, into or upon any of its soils, surface water, ground water or the improvements located thereon (a "Hazardous Discharge"). To the extent that any of the properties owned, leased or operated by the Company or any of its Subsidiaries are used for the handling, storage, transportation or disposal of hazardous or toxic materials, such use is in accordance with all federal, state and local environmental laws, rules, and regulations which apply to the handling, storage, transportation or disposal of hazardous or toxic materials and the Company and each of its Subsidiaries has obtained any and all necessary permits, licenses and approvals with respect to such use, including without limitation, United States Environmental Protection Agency identification numbers, hazardous waste manifests and hazardous waste permits required under the Federal Resource Conversation and Recovery Act.
Hazardous and Toxic Materials. There has been no complaint, order, citation or notice with regard to air emissions, Hazardous Discharges (as defined below) or other environmental, health or safety matters affecting any of the premises owned or leased by the Company or any of its Subsidiaries or the businesses therein conducted. There has been no spill, discharge, release or cleanup of any Hazardous Material with respect to such premises (except spills, discharges or releases in the ordinary course of business and permitted by applicable Environmental Law (as defined below)) ("Hazardous Discharge"), and, accordingly, such properties are clean of all such Hazardous Materials. To the extent the premises owned or leased by the Company, the Parent or any of their Subsidiaries are used for the handling, storage, transportation or disposal of Hazardous Materials, such use is in accordance with applicable Environmental Law and the Company, the Parent and their Subsidiaries has obtained all necessary permits, licenses and approvals in connection with applicable Environmental Law. Except as set forth on Schedule 5(t), no underground or above-ground storage tanks or surface impoundments are located on any of the premises owned or leased by the Company, the Parent or any of their Subsidiaries. As used herein "Hazardous Materials" means (A) any petroleum or petroleum products, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, and radon gas; (B) any chemicals, materials or substances (including, without limitation, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment) defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous wastes", "medical wastes", "biological wastes", "laboratory wastes", "restricted hazardous wastes", "toxic substances", "toxic pollutants", "contaminants" or "pollutants", or words of similar import, under any applicable Environmental Law; and (C) any other chemical, material or substance exposure to which is prohibited, limited or regulated by any Governmental Authority. "Environmental Law" means any federal, state or local statute, law, rule, regulation...
Hazardous and Toxic Materials. A. HAZARDOUS MATERIALS. Tenant covenants to comply with all laws relating to Hazardous Materials with respect to the Premises and the Complex. Except for general office supplies typically used in an office area in the ordinary course of business (such as copier toner, liquid paper, glue, ink, and cleaning solvents), for use in the manner for which they were designed and only in accordance with all Hazardous Materials laws and the highest standards prevailing in the industry for such use, and then only in such amounts as may be normal for the business operations conducted by Tenant on the Premises. Tenant (including its employees, agents, invitees or anyone acting by or on behalf of Tenant) shall not use, handle, generate, manufacture, store or dispose of, on or about the Premises or the Complex, or transport to or from the Premises or the Complex, any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in the definition of "hazardous substances" under any applicable federal, state or local law, regulation or ordinance (collectively, "Hazardous Materials").
Hazardous and Toxic Materials. (a) Tenant shall not incorporate into, use, release, or otherwise place or dispose of at, in, on, under or near the Premises, the Building or the Property any hazardous or toxic materials except that Tenant may use and temporarily store cleaning and office supplies used in the -------------------------------------------------------------------------------- COMMERCIAL LEASE AGREEMENT
Hazardous and Toxic Materials. Tenant shall have the absolute responsibility as between Tenant and Landlord) to cause, and shall cause, all materials and substances which now or hereafter are designated as hazardous or toxic substances under the laws and regulations of any governmental body or regulatory authority having jurisdiction (" Hazardous Substances") that are transported to or from, used, stored or handled at, or disposed of from the Premises during the term of this Lease, to be transported, used, stored, handled and disposed of in compliance with all applicable laws and regulations. The covenants contained in this paragraph shall expressly survive the expiration or earlier termination of the term of this Lease. Tenant assumes the risk of any and all claims, liability, damages, cost and expenses, including reasonable attorney' s fees, arising out of or relating to Tenant' s breach of the covenants contained in this paragraph. Nothing contained herein shall place any greater burden for clean-up of any" Hazardous Substances" upon Tenant other than required by law.
Hazardous and Toxic Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including but not limited to substances defined as “hazardous substances”, “hazardous materials”, or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. Code. Sections 9601 et seq. (“CERCLA”); as amended by The Superfund Amendments and Reauthorization Act (“▇▇▇▇”); or the Hazardous Materials Transportation Act, 42 U.S. Code. Sections 6901 et seq; and those substances defined as “hazardous wastes” in Section 25117 of the California Health and Safety Code, and in any regulations adopted and publications promulgated pursuant to the foregoing or any similar laws, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by- products or fractions thereof. At all times during the Agreement term, the City shall strictly comply with any and all requirements of any federal, state, county or municipal statute, law, rule, administrative order, regulation or ordinance governing the use, operation, creation, management, transportation, storage, generation or disposal of Agrochemicals and Hazardous Material and/or relating to clean water, including specifically, but limited to, CERCLA, the ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇-Hazardous Substance Account Act, and the Safe Drinking Water and Toxic Enforcement Act of 1986. The City shall indemnify, defend and hold harmless Land Trust, and its officers, directors, employees, agents, and tenants from and against any and all liabilities, claims, judgments, awards, settlements, damages and costs (including attorneys’ and consultants’ fees and costs); including, without limitation, those incurred for testing, remedial investigation, removal, interim and final remedial action, cleanup, abatement or other remedial work, natural resource damages, personal injury or property damages, fines and penalties arising from the presence of Hazardous Materials on, in or under the Temporary Construction Staging Area or in the ground or surface waters of the Temporary Construction Staging Area to the extent caused by the City’s operations under this Agreement. Provided, however, that the City shall not be responsible with respect to, or have any obligation to clean up, any Hazardous Materials which were brought onto or used on the Property by anyone other than the City and/or its employees, contrac...