Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 2 contracts

Sources: Commercial Office Lease (Ask Jeeves Inc), Commercial Office Lease (Ask Jeeves Inc)

Hazardous Materials. Tenant shall not cause or permit to occur (i) any violation Hazardous Materials to be brought into the Real Property, (ii) the storage or use of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, Hazardous Materials in or about the Premises arising from Tenant's leasehold interest in and/or the Real Property, or use or occupancy of the Premises including, soil and groundwater conditions and (iiiii) the useescape, generation, release, manufacture, refining, production, processing, storage, disposal or disposal release of any Hazardous Materials on, under, within or about in the Premises or vicinity of the Building or the transportation Real Property. Nothing herein shall be deemed to or from the Premises or the Building prevent Tenant’s use of any Hazardous MaterialsMaterials customarily used in the ordinary course of office work, except de minimis amounts provided such use is in accordance with all Requirements. Tenant shall be responsible, at its expense, for all matters directly or indirectly based on, or arising or resulting from the presence of Hazardous Materials that are commonly used in office products in, on or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in under the Real Property which is caused or permitted by a manner that complies with all LawsTenant Party. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements to Landlord copies of all governmental authorities under Laws communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and/or any claims made in connection therewith. Should any governmental entity having jurisdiction over Landlord or its agents may perform environmental inspections of the Premises demand at any time and from time-to-time, at the cost and expense of Landlord; provided, however, that if any such inspection shall reveal that any Hazardous Materials have been released on or upon the Real Property or any portion thereof by a remediation plan be prepared or that remediation be undertaken because Tenant Party, then Tenant shall reimburse Landlord for the reasonable out-of-pocket, cost of any depositsuch inspections within thirty (30) days after delivery to Tenant of Landlord’s invoice therefor, spill, discharge, or other release accompanied by copies of Hazardous Materials that occurs third-party invoices evidencing the amount of such expense. If at any time during the Term of this Lease at or from hereof any Hazardous Materials is discovered in the Premises (or in the Building, which arises at any time from affects Tenant's ’s use or occupancy of the Premises), which Hazardous Materials were not brought upon the Premises or from acts or omissions of and/or the Building by Tenant, any of its subtenant(s) or any of its or their agents, contractors, or employees, representatives, or invitees, then Tenant shall, at its own expense, prepare Landlord shall remove and submit the required plans. remediate such Hazardous Materials and Tenant shall indemnifybe entitled to a Rent abatement hereunder for any period that (a) Tenant is prevented from prosecuting the construction of the Initial Improvements or (b) Tenant is unable to occupy the Premises (or portion thereof), defendin either such case, protecton account of such Hazardous Materials and such removal or remediation. Landlord represents to Tenant that, except as disclosed in that certain report entitled “Principal Real Estate Investors Phase I Environmental Site Assessment, ▇▇▇▇▇▇▇ Park I and ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, Cambridge, Massachusetts, dated December 2004, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions prepared by Gannett ▇▇▇▇▇▇▇” a copy of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been delivered to Tenant, Landlord has no actual knowledge of the release of any Hazardous Materials on the Real Property in violation of applicable Requirements. As used above in this Section 8.1(b), the term “actual knowledge” or is hereafter determined any similar term, shall mean, with respect to Landlord, the actual knowledge of ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or Ms. ▇▇▇▇▇▇ ▇▇▇▇▇▇, each employed, as of the Effective Date, by any federal▇▇▇▇▇ Lang LaSalle, state, or local governmental agency Landlord’s managing agent for and with respect to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsthe Real Property, and radon gasthe knowledge of any other person or persons or entities shall not be attributed to Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Pegasystems Inc), Lease Agreement (Pegasystems Inc)

Hazardous Materials. Tenant Sublessee shall not cause cause, direct, suffer or permit Sublessee or any of its agents, contractors, employees, licensees or invitees, to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, releasehandle, manufacture, refining, production, processing, storage, store or disposal dispose of any Hazardous Materials on, under, in or about the Premises or the Building Chelsea Piers (i) any substance subject to regulation by or under any federal, state or local laws or ordinances relating to the protection of the environment or the transportation storage, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant thereto (collectively “Environmental Laws”) or ( ii) any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives ((i) and (ii) collectively “Hazardous Materials”); nor shall Sublessee suffer or permit any Hazardous Materials to be used in any manner other than in compliance with Environmental Laws. Notwithstanding the foregoing, and subject to Sublessor’s prior consent, Sublessee may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Sublessee shall always handle, store, use, and dispose of such Hazardous Materials in a safe and lawful manner and shall prevent such Hazardous Materials from contaminating the Premises, the Chelsea Piers and/or appurtenant land or the environment (the foregoing being “Sublessee’s Environmental Covenant”). Sublessee shall indemnify and hold each and all of Sublessor, Sublessor’s manager, officers, directors, agents, affiliates, contractors and employees harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of any breach by Sublessee or any of Sublessee’s employees, agents or contractors of Sublessee’s Environmental Covenant. Notwithstanding the foregoing, (a) in no event shall Sublessee have any liability hereunder on account of Hazardous Materials that were present in the Premises or the Building prior to the date of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required bythis Lease, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant (b) Sublessor shall indemnify, defend, protect, indemnify and hold Landlordharmless Sublessee from and against any and all claims, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claimslawsuits, liabilities, losses, damages and actions of every kind, and all costs associated therewith expenses (including investigation without limitation cleanup costs and attorneys' and consultants' reasonable attorney’s fees) arising out of or in any way connected with any deposit, spill, discharge, or other release the presence of Hazardous Materials that occurs during the Term of this Leasein, at on or from the Premises which arises at any time from Tenant's use or occupancy of under the Premises or from Tenant's failure to provide all informationthe Building unless present as a result of the acts of Sublessee or its contractors, make all submissionsagents, and take all steps requires by employees or invitees. Sublessor’s warrants that Sublessor has no actual knowledge of the existence of any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasMaterials.

Appears in 2 contracts

Sources: Sublease (2U, Inc.), Sublease (2U, Inc.)

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring, or allow to be brought to, in, or on the Leased Premises any Hazardous Materials (as hereinafter defined) and it will not cause or nor permit to occur (i) be caused any violation Hazardous Materials to be placed, held, located, used, processed, stored, or disposed of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underunder or at the Leased Premises and that its business and assets will at all times during the Term of this Lease operate and be maintained in compliance with applicable laws, or about regulations and standards, criteria, policies and guidelines (in each case to the Premises arising from Tenant's leasehold interest in or use or occupancy of extent required by law) intended to protect and/or conserve the Premises includingenvironment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”) including without limitation, soil and groundwater conditions and (ii) Laws respecting the usecontrol, generationhandling, releasemanagement, manufacturelabeling, refiningreporting, productionnotification, processing, storage, discharge, emission, spill leakage, or disposal of any Hazardous Materials on, underand that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, or about those duly authorized by the Premises or Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of the Building or Leased Premises, including, without limitation, the transportation right to or conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this Section of this Lease (an “Environmental Audit”), upon reasonable notice to the Tenant of not less than three (3) business days, and further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Building Leased Premises. (c) In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (10) days within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant and any adjoining lands, and to forestall any damage to the Leased Premises and adjoining lands which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to Sub-Section (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon the Leased Premises and carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. the Tenant shall at its own expense make pay to the Landlord on demand, as Additional Rent, all submissions to, provide all information required by, costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with all requirements the orders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible under Laws relating this Lease, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall forthwith notify that Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. Should . (g) The Tenant hereby indemnifies the Landlord and agrees to hold it harmless from and against any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because and all losses, liabilities, requirements, directions, orders, damages, costs, expenses and claims of any depositand every kind whatsoever which at any time or from time to time may be asserted against or issued to the Landlord, or paid, incurred or suffered by the Landlord with respect to, arising from or as a result of, the presence, release, discharge, emission, spill handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on, through and/or any land, air, water or wet land, where the source or the presence of the Hazardous Materials from, relates to, or arises from the Tenant’s and/or its employees’, guests’, contractors’, occupants’ invitees’, haulers’, transporters’, and those for whom the Tenant is, at law, or otherwise responsible or liable, use, occupation, or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action application, order, direction or matter caused by or arising from such use; occupation or operations, and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, caused by or arising from such use, occupation or operations. (h) The Tenant hereby indemnifies the Landlord and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from time to time may be asserted against or issued to the Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, dischargehandling, containment or other release disposal of Hazardous Materials that occurs during at, in, on, through and/or from the Term Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from the Tenant’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and those for whom the Tenant is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, caused by or arising from such use, occupation or operations); (i) The provisions of this Section, and the undertakings and indemnifications set out in this Section, shall survive the termination of this Lease at by reason of effluxion of time or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith otherwise. (including investigation costs and attorneys' and consultants' feesj) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term For purposes of this LeaseSection, at or from the Premises which arises at “Hazardous Materials” means any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all informationcontaminant, make all submissionspollutant, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, material product and/or thing that when placed, released, emitted or material which has been discharged to, on, into, through or is hereafter determined by any federalfrom the natural environment, statestructure or building may then cause or result in, or local governmental agency at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to be capable the natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of posing the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a risk hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of injury its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials at the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, charges, orders, prosecutions, claims or notices of violation against or issued to health the Landlord and/or its current tenant in respect of or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasrelated to the Leased Premises.

Appears in 2 contracts

Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring or allow to be brought to, in or on the Leased Premises any Hazardous Materials (as hereinafter defined), and it will not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of be caused any Hazardous Materials to be placed, held, located, used, processed, stored or disposed of on, under, under or about at the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byLeased Premises, and comply with that its business and assets will at all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs times during the Term of this Lease operate and be maintained in compliance with applicable laws, regulations and standards, criteria, policies and guidelines (in each case, to the extent required by law) intended to protect and/or conserve the environment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”), including, without limitation, Laws respecting the control, handling, management, labeling, reporting, notification, processing, storage, discharge, emission, spill, leakage or disposal of any Hazardous Materials; and that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, or those duly authorized by the Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of the Leased Premises, including, without limitation, the right to conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this Section of this Lease (an “Environmental Audit”), upon reasonable notice to the Tenant of not less than three (3) business days, and further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Leased Premises. (c) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to Sub-Section (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon the Leased Premises and carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which arises in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and the Tenant shall pay to the Landlord on d In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (10) days within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant and any adjoining lands, and to forestall any damage to the Leased Premises and adjoining lands which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to Sub-Section (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon the Leased Premises and carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and the Tenant shall pay to the Landlord on demand, as Additional Rent, all costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with the orders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible under this Lease, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall forthwith notify the Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. (g) The Tenant hereby indemnifies the Landlord and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from Tenant's use time to time may be asserted against or occupancy issued to the Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from acts the Tenant’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and those for whom the Tenant is at law or omissions otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, its agentscaused by or arising from such use, employees, representatives, occupation or invitees, then operations); (h) The Landlord hereby indemnifies the Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and agrees to hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders it harmless from and against any and all fines, suits, procedures, claimslosses, liabilities, requirements, directions, orders damages, costs, expenses and actions claims of any and every kindkind whatsoever which at any time or from time to time may be asserted against or issued to the Tenant, or paid, incurred or suffered by the Tenant, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from any condition of the Leased Premises existing as of the Commencement Date, or any condition of the Leased Premises caused by the Landlord’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, prior tenants and all those for whom the Landlord is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs associated therewith of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (including investigation costs and attorneys' and consultants' feesii) any cost, liability or damages arising out of a settlement or in compromise of any way connected action or proceeding entered into or suffered by the Tenant with any depositor without the consent of the Landlord, spillcaused by or arising from such use, discharge, occupation or other release of Hazardous Materials that occurs during the Term operations); (i) The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissionsSection, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations undertakings and the indemnity hereunder indemnifications set out in this Section, shall survive the expiration or earlier termination of this Lease. The term Lease by reason of effluxion of time or otherwise. (j) For purposes of this Section, “Hazardous Materials as used herein shall include Materials” means any contaminant, pollutant, chemical, substance, material product and/or thing that when placed, released, emitted or material which has been discharged to, on, into, through or is hereafter determined by any federalfrom the natural environment, statestructure or building may then cause or result in, or local governmental agency at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to be capable the natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of posing the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a risk hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of injury its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials at the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, charges, orders, prosecutions, claims or notices of violation against or issued to health the Landlord and/or its current tenant in respect of or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasrelated to the Leased Premises.

Appears in 2 contracts

Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of any Hazardous Materials on the Premises: (1) Any handling, transportation, storage treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s agents after the Effective Date in or about the Premises shall comply in all material respects with all applicable Hazardous Materials Laws. Tenant shall not cause use any Hazardous Material (other than typical janitorial and office supplies) on the Premises, without Landlord’s prior written consent, and, if Tenant is permitted to use such additional Hazardous Materials it shall provide to Landlord copies of any annual or permit bi-annual inventory/level of usage reports maintained by Tenant or filed with applicable governmental authorities. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to occur Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses to the extent resulting from the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at the Premises by Tenant or Tenant’s agents after the Effective Date. Notwithstanding any other provision hereof, Tenant shall be sole responsible for the full cost of any Capital Improvement to the Premises required as a result of or arising from Tenant’s use of Hazardous Materials or to have Tenant’s activities comply with Hazardous Materials Laws. (2) If the presence of Hazardous Materials on the Premises as a consequence of the release or emission by Tenant or Tenant’s agents of a Hazardous Material after the Effective Date results in contamination of the soil or groundwater of the Premises, then Tenant shall promptly take any and all action required by law to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord harmless from and against, all liabilities, actions, claims, expense of decontamination, investigation, recommendation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other costs to any nature, to the extent arising out of any such investigation and remediation required hereunder. (3) Landlord shall be solely responsible for, shall conform to all requirements of law and Private Restrictions regarding, and shall indemnify, defend, and hold harmless Tenant from and against all liabilities, actions, claims, expense of decontamination, investigation, remediation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other of any costs of any nature, to the extent arising out of the presence of any Hazardous Material on or about the Premises (other than Hazardous Materials released, disposed of, stored, released, or emitted by Tenant or Tenant’s agents). Landlord is not aware of the presence of any Hazardous Materials on or about the Premises as of the date of this Lease, other than as disclosed in the Phase I Environmental Assessment by ▇▇▇▇▇▇ Associates dated November 9, 1999. (4) Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any violation of applicable Laws now or hereafter enacted or issuedcommunication received from any governmental authority concerning Hazardous Materials which relates to the Premises, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) any contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials which are necessary to the operation of Tenant’s business and used in accordance with applicable laws or Private Restrictions. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Premises, the nature of such use, and the manner of their storage and disposal. (5) As used herein, the term “Hazardous Material,” means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term “Hazardous Material,” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, generationstorage, release, manufacture, refining, production, processing, storageemission, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasMaterial.

Appears in 2 contracts

Sources: Lease (Echelon Corp), Lease (Echelon Corp)

Hazardous Materials. Tenant shall not cause (a) As used herein, the term "Hazardous Materials" means and includes any hazardous or permit toxic substance, material or waste which is or subsequently becomes regulated by any local or governmental authority, the State of Arizona or the United States, including, without limitation, any hazardous substances, hazardous material, pollutants, contaminants or regulated substances defined in or the purposes of, the Comprehensive Environmental Response Compensation and Liability Act, any applicable "Superfund" or “Superlien” law, Toxic Substances Control Act, the Solid Waste Disposal Act, the Clean Water Act or any other applicable law, statute, rule, regulation or ordinance, regulating, relating to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underimposing liability for, or about the Premises arising from Tenant's leasehold interest a standard of conduct concerning, any such materials, substances or waste (“Environmental Laws”). (b) Sublessee shall exercise all due diligence in order to comply with any and all laws, regulations or use or occupancy of the Premises including, soil and groundwater conditions and (ii) orders with respect to the use, generationdischarge, releaseremoval, manufacture, refining, production, processing, storage, or disposal and presence of any Hazardous Materials onon or with respect to the Premises. Sublessee shall indemnify, underdefend and hold Sublessor harmless from any and all claims, or about judgments, damages, penalties, fines, costs, liabilities, losses, obligations, suits, taxes, charges and disbursements (including, without limitation, diminution in value of the Premises or Property, damages arising from any adverse impact on marketing the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byProperty, and comply with all requirements sums paid in settlement of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared claims, actual attorneys' fees, consultant fees and expert fees) which arise during or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during after the Term of this Lease at or Sublease to the extent resulting from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativesfailure by Sublessee, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, any of Sublessee's officers, directors, beneficiaries, shareholdersemployees, agents, employeeslicensees or invitees, and lenders harmless from to exercise all fines, suits, procedures, claims, liabilities, and actions of every kind, due diligence with respect to any and all Hazardous Materials. The foregoing indemnification includes, without limitation, costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or incurred in any way connected connection with any deposit, spill, discharge, investigation of site conditions or other release of Hazardous Materials that occurs during the Term of this Lease, at any clean up remedial or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material to the extent caused or permitted by Sublessee to be capable present in the soil or groundwater on, in or under the Property. (c) Without limiting the generality of posing the foregoing, if Sublessee negligently or willfully fails to comply with any law, regulation or order with respect to Hazardous Material, Sublessee shall promptly take all action, at its sole expense, as may be necessary to return the Property to the condition existing prior to the occurrence of any such Hazardous Materials situation; provided that Sublessor's approval of such action shall first be obtained, not to be unreasonably withheld provided such action, in Sublessor's sole and absolute discretion, will not have any material and adverse effect on the Property. (d) Sublessee will, when requested by Sublessor, or any Ground Lessor or Mortgagee, provide a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsdetailed for, and radon gasthereafter evidence of, compliance with Environmental Laws in connection with use and occupancy of the Property pursuant to this Sublease (a "Compliance Program"); provided, neither such request for, nor Sublessees' providing and complying with, a Compliance Program shall in any way be deemed to: (i) make Sublessor responsible for any such use or operation; (ii) affect, resublease or limit Sublessee's obligations under this Sublease, whether with respect to Environmental Laws or otherwise, or (iii) treat the Compliance Program as evidence of Sublessee's compliance with any Environmental Laws. (e) The indemnity, hold harmless and other obligations of Sublessee under this Section 28.17 shall survive the termination or expiration of this Sublease.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

Hazardous Materials. a. Tenant shall not cause or permit to occur represents, warrants and agrees that: (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts Property shall be kept free of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to(as defined herein), provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time arising from Tenant's use or occupancy of the Premises or from acts or omissions Property (and that of Tenant, its agents, employees, representativescontractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant's business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. process Hazardous Materials; (ii) Tenant shall indemnifynot cause or permit the installation of Hazardous Materials in, defendon, protectover or under the Property or a Release (hereinafter defined) of Hazardous Materials onto or from the Property or suffer the presence of Hazardous Materials in, on, over or under the Property; (iii) Tenant shall comply with, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, insure compliance by Tenant's agents, employees, contractors, and lenders invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant's sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the Property and Tenant shall conduct and complete all investigations, studies, sampling and testing , and all remedial soil removal, and other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws. b. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all finesliens, demands, actions, suits, proceduresproceedings, claimsdisbursements, liabilities, and actions of every kindlosses, and all costs associated therewith litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including investigation costs without limitation, reasonable attorney and attorneys' expert fees and consultants' feesexpenses) arising out and claims of any and every kind whatsoever paid, incurred, suffered by or in any way connected asserted against Landlord and/or the Property for, with any depositrespect to, spillor as a direct or indirect result of the following: (i) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or other release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials for any reason, Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or deny such occurrences, including, without limitation, the preparation of environmental studies, surveys or reports. In the event Tenant fails to take such action, Landlord may take such action as Landlord deems necessary, and the cost and expenses of all actions taken by Landlord, including, without limitation, Landlord's attorney's fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to Landlord for the presence or release of Hazardous Materials that occurs during at, within , or the Term line around the Property or for the violation of this Lease, at or from any Environmental Laws (i) which existed prior to the Premises which arises at any time from commencement of Tenant's use or occupancy of the Premises Property or from Tenant's failure to provide all information(ii) which was not caused in whole or in part by Tenant or its agents, make all submissionsemployees, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemicalofficers, substancepartners, contractors, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasinvitees.

Appears in 2 contracts

Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Materials to occur be (i) any brought upon, kept, used, stored, handled, treated, or generated in, at, on or about the Premises or the Property in violation of this Agreement or applicable Laws now Environmental Requirements (as hereinafter defined) by Tenant or hereafter enacted Tenant’s employees, agents, contractors, invitees, or issuedlicensees, related (ii) Released (as that term is defined under Environmental Requirements) at, on or from the Premises or the Property by Tenant or Tenant’s employees, agents, contractors, invitees, or licensees, or (iii) disposed at or on the Premises or the Property by Tenant or Tenant’s employees, agents, contractors, invitees, or licensees. If Tenant breaches the obligation stated in the preceding sentence, Tenant hereby indemnifies and shall defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the Property, or the loss of, or restriction on, use of the Premises or any portion of the Property), expenses (including, without limitation, reasonable attorneys’, consultants’ and experts’ fees, court costs and amounts paid in settlement of any claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, “Environmental Claims”) which arise during or after the Term as a result of such contamination and/or other actions and breaches by Tenant of this Agreement. This indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remediation, removal, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil, soil gas or ground water above, on, under or migrating from the Premises or the Property as to matters which Tenant is liable for under this Section. Without limiting the foregoing, if the presence of any Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in or about, or Released at or from or disposed at or on the Premises or the Property by Tenant or Tenant’s employees, agents, contractors, invitees, or licensees, is in excess of any residential cleanup objective under any Environmental Requirement either at, on , or beneath the Premises, the Property, and/or any adjacent or down gradient property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the Premises, the Property, and/or any adjacent property, as the case may be, to the condition existing prior to the date of this Lease, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or the Property. Any and all cleanup, remediation, closure of ASTs and associated secondary containment or action by Tenant shall be to the satisfaction of Landlord and any Governmental Authority having jurisdiction over the conditions, remediation or cleanup, which satisfaction must be endorsed by a Closure Letter, No Further Remediation or similar written assertion by the Governmental Authority that the cleanup, closure or remediation has achieved “No Significant Risk” levels without reliance upon any Activity or Use Limitation (as defined under Environmental Requirements), without the use of engineered barriers, and without reliance upon monitoring or natural attenuations as an alternative to active remediation. (b) Tenant shall operate its business according to prudent industry practices and the use and management of Hazardous Materials shall be strictly and properly monitored by Tenant according to all then applicable Environmental Requirements. Without limiting the foregoing, Tenant shall maintain all permits, certificates, licenses and plans required under Environmental Requirements for the operation of Tenant’s business, including, but not limited to, a Stormwater Pollution Plan, Spill Prevention, Control and Countermeasure Plan (“SPCC”), laboratory waste management plan, and all permits, certificates, licenses and plans must be reasonably available to Landlord during business hours. Tenant agrees to maintain a list (“Hazardous Materials List”) of the Hazardous Materials and quantity thereof brought upon, kept, used, stored, handled, treated, generated, Released or disposed of at or from, the Premises, and agrees to maintain all governmental approvals or permits required in connection with the presence, use, storage, handling, treatment, generation, release or disposal of such Hazardous Materials on or from the Premises. Upon any written request from time to time, Tenant shall provide Landlord with a copy of the then current Hazardous Materials List. In addition, upon any written request from time to time, Tenant shall deliver to Landlord true and correct copies of the following documents (the “HazMat Documents”) relating to the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials during the Term, or if unavailable at that time, concurrent with the receipt from or submission to a Governmental Authority: permits; approvals; reports submitted to Governmental Authorities; storage and management plans, notice of violations of any Environmental Requirements; plans relating to the installation of any ASTs and associated secondary containment to be installed in or under the Property. Landlord hereby acknowledges that Tenant shall, at Tenant’s sole cost and expense, install ASTs and secondary containment sufficient to control 100% of the total design volume of all ASTs, in exterior location(s) adjacent to the Building designated by Landlord, on the conditions that: (x) Tenant complies with all Environmental Requirements and applicable laws and obtains all necessary governmental permits and approvals, and (y) any work performed by Tenant installing, removing, or closing ASTs and secondary containment will be conducted in compliance with Environmental Requirements, and all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for ASTs installed in, on or under the Property. Tenant is not required, however, to provide Landlord with any portion(s) of the HazMat Documents containing information of a proprietary nature which, in and of themselves, do not contain a reference to any Hazardous Materials or hazardous activities. (c) If Landlord or any Governmental Authority shall ever require testing to ascertain whether or not there has been any Release of Hazardous Materials, then the reasonable costs thereof shall be borne solely by Tenant if such requirement allegedly applies to the Premises or the Property and any environmental condition first occurring or arising during Tenant’s Early Access or during the Term or any holdover by Tenant. Tenant shall engage a reputable third party engineer acceptable to Landlord for such testing. If Tenant receives from any federal, state or local governmental agency any notice of violation or alleged violation of any Environmental Requirements, or if Tenant is obligated to give any notice under any Environmental Requirements, Tenant agrees to forward to Landlord a copy of any such notice within three (3) business days of Tenant’s receipt or transmittal thereof. Subject to the other provisions of this Agreement, Landlord retains the right to inspect the Premises at all reasonable times, upon reasonable notice to Tenant, to ensure compliance with this Section 16.1.15. (d) As used herein, the term “Environmental Requirements” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any Governmental Authority (including but not limited to the Massachusetts Department of Environmental Protection (“MDEP”), the Department of Public Safety, the Board of Fire Protection and the State Fire Marshal), regulating or relating to Hazardous Materials, health, safety, or environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use the Property, or occupancy the environment, including without limitation, the following: Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Premises Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. c.21C, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. c.21E, and any applicable local ordinance or bylaw, and the regulations adopted under these acts, as amended, including, soil without limitation, the Massachusetts Contingency Plan, 30 C.M.R. 40.0000 et seq., whether now existing or hereafter amended or adopted. As used herein, the term “Hazardous Materials” means and groundwater conditions and (ii) the useincludes any chemical, generationsubstance, releasematerial, manufacturewaste, refining, production, processing, storagepollutant, or disposal contaminant listed, identified, regulated or defined under any Environmental Requirement, or regulated by reason of its impact or potential impact on humans, animals and/or the environment under any Environmental Requirements, asbestos and petroleum (including crude oil or any fraction thereof), natural gas, liquefied natural gas, or synthetic gas usable for fuel or mixtures of natural gas and such synthetic gas. As defined in Environmental Requirements, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials on, under, or about brought on the Premises or the Building Property by Tenant or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required bypersons acting under Tenant, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any depositwastes, spill, dischargeby-products, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenantresidues generated, its agents, employees, representativesresulting, or inviteesproduced therefrom. Tenant’s covenants, then Tenant shall, at its own expense, prepare representations and submit the required plans. Tenant shall indemnify, defend, protectwarranties, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of obligations under this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Section 6.1.15 shall survive the expiration or earlier termination of this LeaseAgreement. Landlord has provided Tenant with copies of the environmental site assessments described on Exhibit N attached hereto (the “Site Assessments”). The term Site Assessments were provided to Tenant without any representation or warranty as to their accuracy or completeness. Except for violations, if any, disclosed in the Site Assessments, Landlord represents and warrants that it has no actual knowledge as of the date of this Lease of the presence of any Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable in violation of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasEnvironmental Requirements.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Quanterix Corp)

Hazardous Materials. a. Tenant represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant’s use or occupancy of the Property (and that of its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant’s business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause or permit the installation of Hazardous Materials in, on, over or under the Property or a Release (hereinafter defined) of Hazardous Materials onto or from the Property or suffer the presence of Hazardous Materials in, on, over or under the Property; (iii) Tenant shall comply with, and insure compliance by Tenant’s agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to occur or affecting the Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant’s sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the Property and Tenant shall conduct and complete all investigations, studies, sampling and testing, and all remedial soil removal, and other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws. b. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all liens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including without limitation, reasonable attorney and expert fees and expenses) and claims of any and every kind whatsoever paid, incurred, suffered by or asserted against Landlord and/or the Property for, with respect to, or as a direct or indirect result of the following: (i) any violation of applicable Laws now or hereafter enacted or issuedthe presence in, related to environmental conditions on, over or under, or about the Premises arising from escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant's leasehold interest ; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials for any reason, Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or deny such occurrences, including, without limitation, the preparation of environmental studies, surveys or reports. In the event Tenant fails to take such action, Landlord may take such action as Landlord deems necessary, and the cost and expenses of all actions taken by Landlord, including, without limitation, Landlord’s attorney’s fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to Landlord for the presence or release of Hazardous Materials at, within, or the line around the Property or for the violation of any Environmental Laws (i) which existed prior to the commencement of Tenant’s use or occupancy of the Premises including, soil and groundwater conditions and Property or (ii) the use, generation, release, manufacture, refining, production, processing, storage, which was not caused in whole or disposal of any Hazardous Materials on, under, in part by Tenant or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativesofficers, partners, contractors, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 2 contracts

Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring or allow to be brought to, in or on the Leased Premises any Hazardous Materials (as hereinafter defined), and it will not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of be caused any Hazardous Materials to be placed, held, located, used, processed, stored or disposed of on, under, under or about at the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byLeased Premises, and comply with that its business and assets will at all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs times during the Term of this Lease operate and be maintained in compliance with applicable laws, regulations and standards, criteria, policies and guidelines (in each case, to the extent required by law) intended to protect and/or conserve the environment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”), including, without limitation, Laws respecting the control, handling, management, labeling, reporting, notification, processing, storage, discharge, emission, spill, leakage or disposal of any Hazardous Materials; and that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, or those duly authorized by the Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of the Leased Premises, including, without limitation, the right to conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this paragraph of this Lease (an “Environmental Audit”), upon reasonable notice to the Tenant of not less than three (3) business days, and further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Leased Premises. (c) In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (10) days within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as are, in the reasonable opinion of the Landlord, necessary to correct any damage which may have been caused to the Leased Premises by the Tenant and any adjoining lands, and to forestall any damage to the Leased Premises and adjoining lands which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to sub-paragraph (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon the Leased Premises and carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage wFhich may have been caused to the Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which arises in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and the Tenant shall pay to the Landlord on demand, as Additional Rent, all costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with the orders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible under this Lease, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall forthwith notify that Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. (g) The Tenant hereby indemnifies the Landlord and agrees to hold it harmless from an The Tenant hereby indemnifies the Landlord and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from Tenant's use time to time may be asserted against or occupancy issued to the Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from acts the Tenant’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and those for whom the Tenant is at law or omissions otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, its agentscaused by or arising from such use, employees, representatives, occupation or invitees, then operations); (h) The Landlord hereby indemnifies the Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and agrees to hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders it harmless from and against any and all fines, suits, procedures, claimslosses, liabilities, requirements, directions, orders damages, costs, expenses and actions claims of any and every kindkind whatsoever which at any time or from time to time may be asserted against or issued to the Tenant, or paid, incurred or suffered by the Tenant, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from any condition of the Leased Premises existing as of the Commencement Date, or any condition of the Leased Premises caused by the Landlord’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, prior tenants and all those for whom the Landlord is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs associated therewith of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (including investigation costs and attorneys' and consultants' feesii) any cost, liability or damages arising out of a settlement or in compromise of any way connected action or proceeding entered into or suffered by the Tenant with any depositor without the consent of the Landlord, spillcaused by or arising from such use, discharge, occupation or other release of Hazardous Materials that occurs during the Term operations); (i) The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissionsparagraph, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations undertakings and the indemnity hereunder indemnifications set out in this paragraph, shall survive the expiration or earlier termination of this Lease. The term Lease by reason of effluxion of time or otherwise. (j) For purposes of this paragraph, “Hazardous Materials as used herein shall include Materials” means any contaminant, pollutant, chemical, substance, material product and/or thing that when placed, released, emitted or material which has been discharged to, on, into, through or is hereafter determined by any federalfrom the natural environment, statestructure or building may then cause or result in, or local governmental agency at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to be capable the natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of posing the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a risk hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of injury its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials at the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, charges, orders, prosecutions, claims or notices of violation against or issued to health the Landlord and/or its current tenant in respect of or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasrelated to the Leased Premises.

Appears in 2 contracts

Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Hazardous Materials. Tenant a. As used herein, the terms “Environmental Laws,” “Hazardous Materials,” and “Hazardous Material Activities” shall not cause or permit to occur (i) have the same meanings as identified on Exhibit C, which is incorporated herein in its entirety by this reference. b. Subtenant shall conduct any violation and all of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about its Hazardous Materials Activities on the Premises arising from Tenant's leasehold interest and Sublease Premises in or use or occupancy compliance with the provisions of the Premises including, soil Master Lease and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all applicable Environmental Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant . c. Subtenant shall, at its own expense, prepare procure, maintain in effect and submit comply with all conditions of any and all environmental permits, licenses, certificates, authorizations, or approvals required under any Environmental Laws for any Hazardous Materials Activities at the required plansPremises or Sublease Premises by Subtenant (“Environmental Approvals”). d. Sublandlord and Subtenant each shall deliver promptly to the other any notices, orders, or similar documents received from any governmental agency or official or third party concerning any alleged violation of any Environmental Law. Tenant Upon having knowledge thereof, Sublandlord and Subtenant each shall promptly provide notice to the other party of: i. any regulatory action that has been instituted, or threatened by any governmental agency or court with respect to the Premises or Sublease Premises that relates to any Hazardous Materials Activities; ii. any claim relating to any Hazardous Materials Activities at the Premises; or Sublease Premises; or iii. any actual or threatened material release on, under or about the Premises or Sublease Premises of any Hazardous Material(s), except any Hazardous Material(s) whose discharge or emission is expressly authorized by and in compliance with an Environmental Approval issued by a federal, state, regional or local governmental agency pursuant to Environmental Laws. e. Subtenant shall indemnify, defend, protecthold harmless, and hold Landlorddefend Sublandlord from and against any liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expenses (including, without limitation, attorneys’, experts’ and consultants’ fees, costs of investigation, and feasibility studies), fines, penalties, and monetary sanctions or interest which are incurred at any time related directly or indirectly to Hazardous Materials Activities of Subtenant or its partners, officers, directors, beneficiaries, shareholdersemployees, agents, employeescontractors or invitees on or about the Premises or Sublease Premises, except to the extent any of the foregoing is caused by the negligence or willful misconduct of Sublandlord or Master Landlord. f. Sublandlord shall indemnify, hold harmless, and lenders harmless defend Subtenant from all fines, suits, proceduresand against any liabilities, claims, liabilitiesdemands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expenses (including, without limitation, reasonable attorneys’, experts’ and consultants’ fees, costs of investigation, and actions of every kindfeasibility studies), fines, penalties, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of monetary sanctions or in any way connected with any deposit, spill, discharge, interest which are related directly or other release of indirectly to Hazardous Materials that occurs during the Term Activities of this LeaseSublandlord or its employees, at agents, contractors or from the Premises which arises at any time from Tenant's use invitees on or occupancy of about the Premises or from Tenant's failure Sublease Premises, except to provide all information, make all submissions, the extent any of the foregoing is caused by the Subtenant or Master Landlord. g. The provisions of Sections 15.e and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder 15.f shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasSublease.

Appears in 2 contracts

Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Hazardous Materials. a. Tenant represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant’s use or occupancy of the Property (and that of its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant’s business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause or permit the installation of Hazardous Materials in, on, over or under the Property or a Release (hereinafter defined) of Hazardous Materials onto or from the Property or suffer the presence of Hazardous Materials in, on, over or under the Property; (iii) Tenant shall comply with, and insure compliance by Tenant’s agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to occur or affecting the Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant’s sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the Property and Tenant shall conduct and complete all investigations, studies, sampling and testing, and all remedial soil removal, and other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws. b. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all liens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including without limitation, reasonable attorney and expert fees and expenses) and claims of any and every kind whatsoever paid, incurred, suffered by or asserted against Landlord and/or the Property for, with respect to, or as a direct or indirect result of the following: (i) any violation of applicable Laws now or hereafter enacted or issuedthe presence in, related to environmental conditions on, over or under, or about the Premises arising from escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant's leasehold interest ; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials for any reason, Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or deny such occurrences, including, without limitation, the preparation of environmental studies, surveys or reports. In the event Tenant fails to take such action, Landlord may take such action as Landlord deems necessary, and the cost and expenses of all actions taken by Landlord, including, without limitation, Landlord’s attorney’s fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to Landlord for the presence or release of Hazardous Materials at, within, or around the Property or for the violation of any Environmental Laws (i) which existed prior to the commencement of Tenant’s use or occupancy of the Premises including, soil and groundwater conditions and Property or (ii) the use, generation, release, manufacture, refining, production, processing, storage, which was not caused in whole or disposal of any Hazardous Materials on, under, in part by Tenant or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativesofficers, partners, contractors, or invitees, then . c. Landlord hereby agrees to indemnify Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders Tenant harmless from and against any and all finesliens, demands, actions, suits, proceduresproceedings, claimsdisbursements, liabilities, and actions of every kindlosses, and all costs associated therewith litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including investigation costs without limitation, reasonable attorney and attorneys' expert fees and consultants' feesexpenses) arising out and claims of any and every kind whatsoever paid, incurred, suffered by or in any way connected asserted against Tenant and/or the Property for, with any depositrespect to, spillor as a direct or indirect result of the following: (i) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or other release on or from the Property of any Hazardous Materials prior to the Commencement Date or (ii) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release of Hazardous Materials that occurs during in connection with the Term use of the Property by Landlord or the employees, agents, tenants, licensees, or invitees of Landlord in connection with the use of the Stadium Property and the easement set forth in Exhibit C hereof. d. For the purposes of this Agreement Lease: (i) “Hazardous Material” or “Hazardous Materials” means and includes petroleum products, at flammable explosives, radioactive materials, asbestos or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, containing asbestos, polychlorinated biphenyls, radioactive materialsand/or any hazardous, toxic or dangerous waste, substance or material defined as such or defined as a Hazardous Substance or any similar term, by, in, or for the purposes of the Environmental Laws, including, without limitation section 101(14) of CERCLA (hereinafter defined); (ii) “Release” shall have the meaning given such term, or any similar term, in the Environmental Laws, including, without limitation, Section 101(22) of CERCLA; and (iii) “Environmental Law” or “Environmental Laws” shall mean any “Super Fund” or “Super Lien” law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials as may now or at any time hereafter be in effect, including, without limitation, the following, as same may be amended or replaced from time to time, and radon gasall regulations promulgated thereunder or in connection therewith: the Super Fund Amendments and Reauthorization Act of 1986 (“▇▇▇▇”); The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”); The Clean Air Act (“CAA”); the Clean Water Act (“CWA”); The Toxic Substances Control Act (“TSCA”); The Solid Waste Disposal Act (“SWDA”), as amended by the Resource Conservation and Recovery Act (“RCRA”); the Hazardous Waste Management System; and the Occupational Safety and Health Act of 1970 (“OSHA”). The obligations and liabilities of Tenant and Landlord under this Paragraph shall survive this Lease and any eviction of, or abandonment by, the Tenant.

Appears in 2 contracts

Sources: Triple Net Lease Agreement, Triple Net Lease Agreement (Blackbaud Inc)

Hazardous Materials. A. Tenant shall not cause or permit any Hazardous Material to occur (i) any violation of applicable Laws now be brought upon, kept or hereafter enacted or issued, related to environmental conditions on, under, used in or about the Premises arising from by Tenant, its agents, employees, contractors or invitees, except for such Hazardous Material as is necessary or useful to Tenant's leasehold interest in or use or occupancy of business. B. Any Hazardous Material permitted on the Premises includingas provided in Paragraph 32.A. above, soil and groundwater conditions all containers therefore, shall be used, kept, stored and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal disposed of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Federal, State and local laws or regulations applicable to any such Hazardous Material. C. Tenant shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, sewer system or any body of water in violation of any applicable Governmental Regulations as defined in Paragraph 16. D. At the commencement of each Lease Year, upon request Tenant shall disclose, to Landlord the names and approximate amounts of all Hazardous Material which Tenant intends to store, use or dispose of on the Premises in the coming Lease Year. In addition, at its own expense make the commencement of each Lease Year, beginning with the second Lease Year, Tenant shall disclose to Landlord, upon request the names and amounts of all submissions toHazardous Materials which were actually used, provide all information required bystored or disposed of on the Premises if such materials were not previously identified to Landlord at the commencement of the previous Lease Year. E. As used herein, the term "Hazardous Material" means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and comply with all requirements regulations promulgated thereunder; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, compensation and Liability Act of all governmental authorities under Laws relating 1980, as amended from time to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protecttime, and hold Landlordregulations promulgated thereunder; (c) any 110il, its partners, officers, directors, beneficiaries, shareholders, agents, employeespetroleum products, and lenders harmless from all fines, suits, procedures, claims, liabilities, their by-products"; and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' feesd) arising out of any substance which is or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires becomes regulated by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemicalFederal, substance, or material which has been or is hereafter determined by any federal, state, State or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasauthority.

Appears in 2 contracts

Sources: Lease Agreement (Sync Research Inc), Lease Agreement (Entrada Networks Inc)

Hazardous Materials. Tenant The provisions of this Section 18, which govern LESSEE’S obligations with regard to hazardous substances, as defined below, shall not cause survive termination of this Lease. ▇. ▇▇▇▇▇▇ agrees to indemnify, defend, protect and hold LESSOR free and harmless from and against any and all claims, liability, loss, damage, actions or permit to occur causes of action, costs and expenses (iincluding attorney's fees) arising from or in connection with the presence of any violation of applicable Laws now or hereafter enacted or issuedHazardous Substances in, related to environmental conditions on, underor under the PREMISES except to the extent that LESSEE can demonstrate by clear and convincing proof that such Hazardous Substances were present in, on, or about under the Premises arising PREMISES prior to September 1, 1989, or migrated onto or under the PREMISES from Tenantother land after such date. Furthermore, LESSEE shall, at ▇▇▇▇▇▇'s leasehold interest in or use or occupancy of sole cost and expense, be responsible for the Premises includingreceiving, soil and groundwater conditions and (ii) the use, storage, handling, transportation, generation, spillage, migration, discharge, release, manufactureand disposition of all hazardous substances to the extent any such are used, refiningstored, productionbrought onto, processinglocated on or shipped from or within, storagethe PREMISES in connection with ▇▇▇▇▇▇’s occupancy and use thereof, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies accordance with all applicable rules, regulations, orders, ordinances, statutes, codes and laws. For purposes of this Lease, "Hazardous Substances" shall include but not be limited to flammable, combustible, explosive, corrosive, caustic, carcinogenic or radioactive matter, petroleum or petroleum related materials and/or substances defined as "hazardous substances", "hazardous materials", "hazardous waste" or "toxic substances" in any federal, state or local laws or regulations adopted or publications promulgated pursuant to said laws (hereinafter collectively referred to as the "Laws"). Tenant shall LESSEE shall, at its own expense make all submissions to▇▇▇▇▇▇'s sole cost and expense, provide all information required by, and comply fully with all requirements of all governmental authorities under the Laws relating applicable to Hazardous Materials. Should any governmental entity having jurisdiction over LESSEE's use of the Premises demand that HANGAR and obligations contained herein. B. In the event of a remediation plan be prepared or that remediation be undertaken because of any depositrelease, leak, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at threatened or from the Premises which arises at any time from Tenant's use actual contamination or occupancy deterioration of the Premises PREMISES or from acts groundwater by a Hazardous Substance, whether the result of an act or omissions omission of Tenant, LESSEE or its agents, employees, representativescontractors, licensees, or inviteesinvitees or any other third parties, then Tenant LESSEE shall, immediately notify LESSOR and all appropriate health, safety and environmental regulatory agencies. LESSEE hereby covenants and agrees to implement and complete, at its own sole cost and expense, prepare and submit to the satisfaction of LESSOR, all investigation and remediation measures required plansby such agency or agencies. Tenant If LESSEE fails to take such action LESSOR may, but shall indemnifynot be obligated to, defendtake such action. In such event, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs incurred by LESSOR with respect to such cleanup activities shall be for the account of LESSEE and attorneys' and consultants' fees) arising out LESSEE shall promptly make reimbursement therefore. LESSEE shall not take any remedial action in response to the presence of any Hazardous Substances in or about the PREMISES, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Substances in any way connected with the PREMISES without first notifying the LESSOR of ▇▇▇▇▇▇'s intention to do so and affording LESSOR ample opportunity to appear, intervene or otherwise appropriately assess and protect its interest with respect thereto. C. LESSEE shall bear responsibility for the presence of any depositHazardous Substances as a result of LESSEE’s activities, spillwhether before, dischargeduring or after construction, in or around any part of the PREMISES or the soil, groundwater or soil vapor on or under the PREMISES. Upon demand by ▇▇▇▇▇▇, ▇▇▇▇▇▇ shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances in any such location, which affects the PREMISES or which is brought or commenced against LESSOR, whether alone or together with LESSEE or any other person, all at LESSE’s own cost and by counsel to be approved by ▇▇▇▇▇▇ in the exercise of its reasonable judgment. In the alternative, LESSOR may elect to conduct its own defense at the expense of ▇▇▇▇▇▇. ▇. ▇▇▇▇▇▇ shall comply and cause all occupants of the PREMISES to comply, with all statutes, codes, regulations, rules, ordinances, orders and other laws governing or applicable to Hazardous Substances as well as the recommendations of any qualified environmental engineer or other expert which apply or pertain to the PREMISES, ▇▇▇▇▇▇'s use of the PREMISES or of the facilities of the AIRPORT. ▇▇▇▇▇▇ acknowledges that the presence of Hazardous Substances may permanently and materially impair the value and use of the PREMISES. ▇. ▇▇▇▇▇▇ shall promptly notify LESSOR if ▇▇▇▇▇▇ knows, suspects or believes that there may be any Hazardous Substances in or around the PREMISES, or other release of Hazardous Materials in the soil, groundwater or soil vapor on or under the PREMISES, or that occurs during LESSEE or the Term of this Lease, at hangar may be subject to any threatened or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires pending investigation by any governmental authorities having jurisdiction over agency under any statute, code, regulation, rule, ordinance, order or other law pertaining to any Hazardous Substances. ▇. ▇▇▇▇▇▇ and its agents and representatives shall have the Premisesright, upon being given reasonable notice by the LESSOR, to enter and visit the PREMISES to make observations of the hangar, take and remove soil or groundwater samples, and conduct tests. Tenant's obligations and LESSOR is under no duty, however, to visit or observe the indemnity hereunder PREMISES or to conduct tests. No site visit, observation or testing by LESSOR shall survive the expiration result in a waiver of any default of LESSEE or earlier termination of this Leaseimpose any liability on LESSOR. The term In no event shall any site visit, observation or testing by LESSOR be a representation that Hazardous Materials as used herein shall include any chemicalSubstances are or are not present in, substanceon, or material which under the PREMISES or that there has been compliance with any statute, code, regulation, rule, ordinance, order or other law pertaining to Hazardous Substances. Neither LESSEE nor any other party is hereafter determined entitled to rely on any site visit, observation or testing by ▇▇▇▇▇▇. LESSOR shall not be obligated to disclose to LESSEE or any federal, stateother party any report or finding made as a result, or local governmental agency in connection with, any site visit, observation or testing by LESSOR. In each instance, LESSOR shall give LESSEE reasonable notice before entering the PREMISES. LESSOR shall make reasonable efforts to avoid interfering with ▇▇▇▇▇▇’s use of the PREMISES in exercising any right provided in this Section. ▇. ▇▇▇▇▇▇ must prepare and maintain to the satisfaction of the fire official with jurisdictional authority a "Business Response Plan" in accordance with Section 25500 et seq. of the Health and Safety Code. Said plan must be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, kept current and radon gason file in the Airport Manager’s office.

Appears in 2 contracts

Sources: Airport Hangar Lease, Airport Hangar Lease

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring or allow to be brought to, in or on the Leased Premises any Hazardous Materials (as hereinafter defined), and it will not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of be caused any Hazardous Materials to be placed, held, located, used, processed, stored or disposed of on, under, under or about at the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byLeased Premises, and comply with that its business and assets will at all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs times during the Term of this Lease at or from operate and be maintained in compliance with applicable laws, regulations and standards, criteria, policies and guidelines (in each case, to the Premises which arises at any time from Tenant's use or occupancy of extent required by law) intended to protect and/or conserve the Premises or from acts or omissions of Tenantenvironment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”), its agentsincluding, employeeswithout limitation, representativesLaws respecting the control, or inviteeshandling, then Tenant shallmanagement, at its own expenselabeling, prepare and submit the required plans. Tenant shall indemnifyreporting, defendnotification, protectprocessing, and hold Landlordstorage, its partnersdischarge, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any depositemission, spill, dischargeleakage or disposal of any Hazardous Materials; and that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, or other release those duly authorized by the Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of Hazardous Materials that occurs during the Term Leased Premises, including, without limitation, the right to conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this paragraph of this Lease, at (an “Environmental Audit”) upon reasonable notice to the Tenant of not less than three (3) business days, and further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Leased Premises. (c) In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (10) days within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as are, in the sole and reasonable opinion of the Landlord, necessary to correct any damage which may have been caused to the Leased Premises and any adjoining lands, and to forestall any damage to the Leased Premises by the Tenant and adjoining lands which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to sub-paragraph (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon the Leased Premises and carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and the Tenant shall pay to the Landlord on demand, as Additional Rent, all costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with the orders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible under this Lease, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Premises Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall forthwith notify that Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. (g) The Tenant hereby indemnifies the Landlord and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which arises at any time or from Tenant's use time to time may be asserted against or occupancy issued to the Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from the Tenant's failure to provide all information’s and/or its employee’s, make all submissionsguest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and take those for whom the Tenant is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, caused by or arising from such use, occupation or operations); (h) The Landlord hereby indemnifies the Tenant and agrees to hold it harmless from and against any and all steps requires losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from time to time may be asserted against or issued to the Tenant, or paid, incurred or suffered by the Tenant, with respect to, arising from or as a result of the presence, release, discharge, emission, spill, handling, containment or disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any governmental authorities having jurisdiction land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from any condition of the Leased Premises existing as of the Commencement Date, or any condition of the Leased Premises caused by the Landlord’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, prior tenants and those for whom the Landlord is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Premises. Tenant's obligations Tenant with or without the consent of the Landlord, caused by or arising from such use, occupation or operations); (i) The provisions of this paragraph, and the indemnity hereunder undertakings and indemnifications set out in this paragraph, shall survive the expiration or earlier termination of this Lease. The term Lease by reason of effluxion of time or otherwise. (j) For purposes of this paragraph, “Hazardous Materials as used herein shall include Materials” means any contaminant, pollutant, chemical, substance, material product and/or thing that when placed, released, emitted or material which has been discharged to, on, into, through or is hereafter determined by any federalfrom the natural environment, statestructure or building may then cause or result in, or local governmental agency at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to be capable the natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of posing the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a risk hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of injury its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) except as disclosed in Schedule “B”, parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) except as disclosed in Schedule “B”, there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials at the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, charges, orders, prosecutions, claims or notices of violation against or issued to health the Landlord and/or its current tenant in respect of or safety including petroleumrelated to the Leased Premises excepting those described on Schedule “B” attached hereto (collectively the “Claims”). Without limiting the generality of paragraph 33(d) above, asbestosthe Landlord agrees to indemnify, polychlorinated biphenyls, radioactive materials, defend and radon gashold harmless the Tenant in respect of such Claims.

Appears in 2 contracts

Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit permit, any Hazardous Materials to occur (i) any violation of applicable Laws now be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or hereafter enacted or issued, related to environmental conditions used on, under, under or about the Premises arising from Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant's leasehold interest ’s Parties shall comply with all Environmental Laws and promptly notify Landlord in or use or occupancy writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises includingand to conduct tests, soil monitoring and groundwater conditions investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (ii30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the use, generation, release, manufacture, refining, production, processing, storage, or disposal presence of any Hazardous Materials on, under, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Building Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the transportation preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or from following the Premises or termination of this Lease. Neither the Building of any Hazardous Materials, except de minimis amounts written consent by Landlord to the presence of Hazardous Materials that are commonly used in office products on, under or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies about the Premises, nor the strict compliance by Tenant with all Environmental Laws. , shall excuse Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy ’s obligation of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premisesindemnification pursuant hereto. Tenant's ’s obligations and pursuant to the foregoing indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 2 contracts

Sources: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)

Hazardous Materials. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issuedthe ------------------- storage, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, handling or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, under, or about the Premises or the Building Real Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the transportation conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or from the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make immediately advise Landlord in writing of (a) any and all submissions toenforcement, provide all information required bycleanup, and comply with all requirements of all remedial, removal, or other governmental authorities under or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during affecting the Term of this Lease at Premises; and (b) all claims made or from the Premises which arises at threatened by any time from third party against Tenant's use or occupancy of , Landlord, the Premises or from acts or omissions of Tenantthe Real Property relating to damage, its agentscontribution, employeescost recovery, representativescompensation, loss, or inviteesinjury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent (which consent may be withheld in Landlord's sole discretion), then Tenant shallshall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, at its own expenseon, prepare and submit or about the required plansPremises. Tenant shall be solely responsible for and shall indemnify, defend, protect, defend and hold LandlordLandlord and all other Indemnitees (as defined in Paragraph 14.b. below), its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from and against all finesClaims (as defined in Paragraph 14.b. below), suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, dischargeconnection with, or other release otherwise relating to (i) any Handling of Hazardous Materials that occurs during the Term of this Lease, at by any Tenant Party or from the Premises which arises at any time from Tenant's use breach of its obligations hereunder, or occupancy (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of whatever nature located on the Premises Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over about the Premises. Tenant's obligations and the indemnity hereunder under this paragraph shall survive the expiration or earlier other termination of this Lease. The term For purposes of this Lease, "Hazardous Materials as used herein shall include Materials" means any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenylsexplosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and radon gasLiability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at any time hereafter in effect (collectively, "Hazardous Materials Laws").

Appears in 2 contracts

Sources: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)

Hazardous Materials. Tenant Subject to the remaining provisions of this ------------------- paragraph, Lessee shall not cause or permit be entitled to occur use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any violation spills, releases or discharges of applicable Laws now Hazardous Materials on the Premises, or hereafter enacted in any common areas or issuedparking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to environmental conditions onthe use, underpresence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises arising from Tenant's leasehold interest in or use or occupancy of caused by the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of TenantLessee, its agents, employees, representatives, or invitees, then Tenant shalllicensees, at its own expensesubtenants, prepare and submit customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release Premises for the storage of Hazardous Materials that occurs during without the Term express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder paragraph shall survive the expiration or earlier termination of this Lease. The term Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as used herein a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any chemicalcosts of defense of Lessee, substanceany third party recovery against Lessee, any damages or injuries to property, person or natural resources, or material which has been any costs or is hereafter determined expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any federal, state, remediation or local governmental agency clean up over and above what Lessor would otherwise be required to be capable perform by law following a final adjudication of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gassaid matter.

Appears in 2 contracts

Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)

Hazardous Materials. (a) Tenant may use materials such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises provided that such materials are used, stored and disposed of by Tenant strictly in accordance with all applicable Laws. Except for the foregoing, Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generationstore, releasehandle, manufacturetreat, refiningtransport, production, processing, storage, release or disposal dispose of any other Hazardous Materials on, under, on or about the Premises or the Building Property without Landlord’s prior written consent, which Landlord may withhold or the transportation to condition in Landlord’s sole discretion. (b) Any handling, treatment, transportation, storage, disposal or from use of Hazardous Materials by Tenant in or about the Premises or the Building Property and Tenant’s use of any Hazardous Materialsthe Premises shall comply with all applicable Environmental Laws. Tenant shall, except de minimis amounts within ten (10) Business Days of Landlord’s written request therefor, disclose in writing all Hazardous Materials that are commonly being used by Tenant in office products or are present in ordinary cleaning suppliesthe Premises, the nature of such use and the manner of storage and disposal. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Without Landlord’s prior written consent, Tenant shall at its own expense make all submissions tonot conduct any sampling or investigation of soil or groundwater on the Property to determine the presence of any constituents therein. (c) Tenant shall indemnify, provide all information required bydefend upon demand with counsel reasonably acceptable to Landlord, and comply with all requirements hold Landlord and the Landlord Parties (as hereinafter defined) harmless from and against, any liabilities, losses claims, damages, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses which result from the use, storage, handling, treatment, transportation, release, threat of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared release or that remediation be undertaken because of any deposit, spill, discharge, or other release disposal of Hazardous Materials that occurs during the Term of this Lease at in or from the Premises which arises at any time from Tenant's use or occupancy of about the Premises or from acts the Property by Tenant or omissions of Tenant, its ’s agents, employees, representatives, contractors or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder paragraph (c) shall survive the expiration or earlier termination of this Lease. The term . (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials as used herein shall include any chemical, substance, which relates to the Premises or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsthe Property, and radon gas(ii) any Environmental Condition of which Tenant is aware.

Appears in 2 contracts

Sources: Lease Agreement (Arsanis, Inc.), Lease Agreement (Howard Bancorp Inc)

Hazardous Materials. Tenant shall not cause ENVIRONMENTAL MATTERS 39. 01. As used herein, "Hazardous Materials Laws" means all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to industrial hygiene, environmental protection or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, analysis, generation, release, manufacture, refining, production, processing, storage, disposal or disposal transportation of any Hazardous Materials onoil, underflammable explosives, asbestos, urea, formaldehyde, radioactive materials or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materialswaste, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, dischargeinfectious waste, or other release of hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Materials"). Tenant shall, at its own expense, prepare at all times and submit in all respects: (i) comply with all Hazardous Materials Laws regarding Hazardous Materials introduced in or about the required plansBuilding by or at the direction of Tenant or in connection with Tenant's use of the Premises ("Tenant's Hazardous Materials"); and (ii) procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Tenant's Hazardous Materials within, on, under or about the Building in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall not be deemed a violation of this Section, so long as the levels are not in violation of any Hazardous Materials Laws. Upon termination or expiration of the term of this Lease, Tenant shall, at its own expense, cause all of Tenant's Hazardous Materials to be removed from the Demised Premises and the Building and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall indemnify, defendprotect, protectdefend (by counsel reasonably acceptable to Landlord), and hold Landlord and Landlord's employees, its agents, principals, partners, officers, directors, beneficiaries, shareholders, agentsmembers, employeesattorneys, accountants, professionals and lenders other representatives, free and harmless from and against any and all fines, suits, procedures, claims, liabilities, penalties, forfeitures, losses and actions of every kind, and all costs associated therewith expenses (including investigation costs and attorneys' and consultants' fees) or death of in injury to any person or damage to any property whatsoever, including, without limitation, the Building common area, arising out of from or caused in whole or in part, directly or indirectly, by the presence in or about the Building of any way connected of Tenant's Hazardous Materials or by Tenant's failure to comply with any depositHazardous Materials Laws regarding Tenant's Hazardous Materials or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the Demised Premises and any other property of whatever nature to their condition existing prior to the appearance of Tenant's Hazardous Materials. Landlord shall have the right from time to time, upon reasonable prior written notice, to enter in and upon the Demised Premises and to inspect same for the presence of Hazardous Materials and for Tenant's compliance with all Hazardous Materials Laws. A. Landlord represents and warrants that any handling, transportation, storage, treatment or usage of Hazardous Materials that has occurred in the Building and/or in, on, or under the Land was in compliance with all applicable federal, state and local laws, regulations and ordinances. Landlord further represents and warrants that no leak, spill, discharge, emission or other release disposal of Hazardous Materials has occurred in the Building and/or in, on, or under the Land and that occurs during the Term soil, groundwater and soil vapor in the Building and/or on or under the Land is, or will be, free of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy Hazardous Materials as of the Premises date hereof. Landlord agrees to indemnify, defend and hold Tenant and its officers, partners, directors, shareholders, Affiliates, employees and agents harmless from any claims, judgments, damages, fines, penalties, costs (including reasonable attorney, consultant and expert fees), liabilities (including sums paid in settlement of claims) or from loss which arise during or after the Lease term or any thereof, in connection with the presence of Hazardous Materials in the soil, groundwater, or soil vapor in, on or under the Building and/or the Land, unless such Hazardous Materials are present as the result of the acts of Tenant's failure to provide all information, make all submissionsits officers, and take all steps requires by any governmental authorities having jurisdiction over employees or agents. Without limiting the Premises. Tenant's obligations and generality of the indemnity hereunder foregoing, this indemnification shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include Lease and does specifically cover costs incurred in connection with any chemicalinvestigation of site conditions or any cleanup, substanceremedial, removal or material which has been or is hereafter determined restoration work required by any federal, state, state or local governmental agency or political subdivision because of the presence of Hazardous Materials in the soil, groundwater or soil vapor in, on or under the Building and/or the Land, unless the Hazardous Materials are present as the result of the acts of Tenant, its officers, agents or employees. Without limiting the generality of the foregoing, this indemnification shall also specifically cover costs in connection with: 1. Hazardous Materials present or suspected to be capable present in the soil, ground water or soil vapor in, on or under the Building and/or the Land before the date hereof; or 2. Hazardous Materials that migrate, flow, percolate, diffuse or in any way move into, onto or under the Building and/or on the Land after date hereof; or 3. Hazardous Materials present in, on or under the Building and/or the Land as a result of posing a risk of injury to health any discharge, dumping, spilling (accidental or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasotherwise) onto or into the Building and/or the Land during or after the Lease term or any extension thereof by any person or entity.

Appears in 2 contracts

Sources: Lease Agreement (1 800 Flowers Com Inc), Lease Agreement (1 800 Flowers Com Inc)

Hazardous Materials. (a) Tenant may use chemicals such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises, provided Tenant complies with all applicable Environmental Laws. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generationstore, releasehandle, manufacturetreat, refiningtransport, production, processing, storage, release or disposal dispose of any other Hazardous Materials on, under, on or about the Premises or the Building Property without Landlord’s prior written consent, which Landlord may withhold or the transportation to condition in Landlord’s sole discretion. (b) Any handling, treatment, transportation, storage, disposal or from use of Hazardous Materials by Tenant in or about the Premises or the Building Property and Tenant’s use of any Hazardous Materialsthe Premises shall comply with all applicable Environmental Laws. Tenant shall, except de minimis amounts within ten (10) Business Days of Landlord’s written request therefor, disclose in writing all Hazardous Materials that are commonly being used by Tenant in office products or are present in ordinary cleaning suppliesthe Premises, the nature of such use and the manner of storage and disposal. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Without Landlord’s prior written consent, Tenant shall at its own expense make all submissions tonot conduct any sampling or investigation of soil or groundwater on the Property to determine the presence of any constituents therein. (c) Tenant shall indemnify, provide all information required bydefend upon demand with counsel reasonably acceptable to Landlord, and comply with all requirements hold Landlord harmless from and against, any liabilities, losses claims, damages, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses which, result from the use, storage, handling, treatment, transportation, release, threat of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared release or that remediation be undertaken because of any deposit, spill, discharge, or other release disposal of Hazardous Materials that occurs during the Term of this Lease at in or from the Premises which arises at any time from Tenant's use or occupancy of about the Premises or from acts the Property by Tenant or omissions of Tenant, its ’s agents, employees, representatives, contractors or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder paragraph (c) shall survive the expiration or earlier termination of this Lease. The term . (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials as used herein shall include any chemical, substance, which relates to the Premises or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsthe Property, and radon gas(ii) any Environmental Condition of which Tenant is aware.

Appears in 2 contracts

Sources: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)

Hazardous Materials. Tenant shall not cause use, store, manufacture, dispose of or discharge any pollutants, contaminants, or harmful or hazardous substances from or on the Demised Premises or otherwise occupy or permit the Demised Premises to occur be occupied or used in a manner which (i) violates any violation of applicable Laws now law, regulation, rule or hereafter enacted or issuedother governmental requirement, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) impairs the health, safety or condition of any person or property or (iii) adversely affects the use, generation, release, manufacture, refining, production, processing, storage, enjoyment or disposal value of any Hazardous Materials on, under, or about the Demised Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Lawssurrounding property. Tenant shall at its own expense make all submissions topromptly notify Landlord of the breach, provide all information required byor the potential or threatened breach, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term provisions of this Lease at or from paragraph. Landlord shall have the right of access to the Demised Premises which arises at to inspect, test and, in Landlord's sole discretion, remedy any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required planspotential environmental problem. Tenant shall indemnify, defend, protect, indemnify and hold Landlord, its partners, Landlord's Lender and their respective officers, directors, beneficiaries, shareholders, agentspartners, employees, and lenders agents, harmless from all any loss, claim, liability or expense (including, without limitation, attorneys' fees, court costs, consultant fees, expert fees, penalties, fines, suitsremoval, proceduresclean-up, claimstransportation, liabilitiesdisposal, and actions restoration expenses, diminution in value of every kindthe Demised Premises, and all costs associated therewith (including investigation costs and attorneys' and consultants' feesdamages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises, damages arising from any adverse impact on marketing of space) arising out of or in any way connected connection with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires comply with the provisions of this paragraph. A breach of the provisions of this paragraph shall be a material default enabling Landlord to exercise any of the remedies set forth in this Lease or otherwise provided by any governmental authorities having jurisdiction over the Premiseslaw. Tenant's obligations and the indemnity obligation hereunder shall survive the expiration or earlier sooner termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Lease Agreement (Tangram Enterprise Solutions Inc)

Hazardous Materials. Tenant The provisions of this Section 18, which govern LESSEE’S obligations with regard to hazardous substances, as defined below, shall not cause survive termination of this Lease. ▇. ▇▇▇▇▇▇ agrees to indemnify, defend, protect and hold LESSOR free and harmless from and against any and all claims, liability, loss, damage, actions or permit to occur causes of action, costs and expenses (iincluding attorney's fees) arising from or in connection with the presence of any violation of applicable Laws now or hereafter enacted or issuedHazardous Substances in, related to environmental conditions on, underor under the PREMISES except to the extent that LESSEE can demonstrate by clear and convincing proof that such Hazardous Substances were present in, on, or about under the Premises arising PREMISES prior to September 1, 1989, or migrated onto or under the PREMISES from Tenantother land after such date. Furthermore, LESSEE shall, at ▇▇▇▇▇▇'s leasehold interest in or use or occupancy of sole cost and expense, be responsible for the Premises includingreceiving, soil and groundwater conditions and (ii) the use, storage, handling, transportation, generation, spillage, migration, discharge, release, manufactureand disposition of all hazardous substances to the extent any such are used, refiningstored, productionbrought onto, processinglocated on or shipped from or within, storagethe PREMISES in connection with LESSEE’s occupancy and use thereof, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies accordance with all applicable rules, regulations, orders, ordinances, statutes, codes and laws. For purposes of this Lease, "Hazardous Substances" shall include but not be limited to flammable, combustible, explosive, corrosive, caustic, carcinogenic or radioactive matter, petroleum or petroleum related materials and/or substances defined as "hazardous substances", "hazardous materials", "hazardous waste" or "toxic substances" in any federal, state or local laws or regulations adopted or publications promulgated pursuant to said laws (hereinafter collectively referred to as the "Laws"). Tenant shall LESSEE shall, at its own expense make all submissions to▇▇▇▇▇▇'s sole cost and expense, provide all information required by, and comply fully with all requirements of all governmental authorities under the Laws relating applicable to Hazardous Materials. Should any governmental entity having jurisdiction over LESSEE's use of the Premises demand that HANGAR and obligations contained herein. B. In the event of a remediation plan be prepared or that remediation be undertaken because of any depositrelease, leak, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at threatened or from the Premises which arises at any time from Tenant's use actual contamination or occupancy deterioration of the Premises PREMISES or from acts groundwater by a Hazardous Substance, whether the result of an act or omissions omission of Tenant, LESSEE or its agents, employees, representativescontractors, licensees, or inviteesinvitees or any other third parties, then Tenant LESSEE shall, immediately notify LESSOR and all appropriate health, safety and environmental regulatory agencies. LESSEE hereby covenants and agrees to implement and complete, at its own sole cost and expense, prepare and submit to the satisfaction of LESSOR, all investigation and remediation measures required plansby such agency or agencies. Tenant If LESSEE fails to take such action LESSOR may, but shall indemnifynot be obligated to, defendtake such action. In such event, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs incurred by LESSOR with respect to such cleanup activities shall be for the account of LESSEE and attorneys' and consultants' fees) arising out LESSEE shall promptly make reimbursement therefore. LESSEE shall not take any remedial action in response to the presence of any Hazardous Substances in or about the PREMISES, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Substances in any way connected with the PREMISES without first notifying the LESSOR of ▇▇▇▇▇▇'s intention to do so and affording LESSOR ample opportunity to appear, intervene or otherwise appropriately assess and protect its interest with respect thereto. C. LESSEE shall bear responsibility for the presence of any depositHazardous Substances as a result of LESSEE’s activities, spillwhether before, dischargeduring or after construction, in or around any part of the PREMISES or the soil, groundwater or soil vapor on or under the PREMISES. Upon demand by ▇▇▇▇▇▇, ▇▇▇▇▇▇ shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances in any such location, which affects the PREMISES or which is brought or commenced against LESSOR, whether alone or together with LESSEE or any other person, all at LESSE’s own cost and by counsel to be approved by ▇▇▇▇▇▇ in the exercise of its reasonable judgment. In the alternative, LESSOR may elect to conduct its own defense at the expense of ▇▇▇▇▇▇. ▇. ▇▇▇▇▇▇ shall comply and cause all occupants of the PREMISES to comply, with all statutes, codes, regulations, rules, ordinances, orders and other laws governing or applicable to Hazardous Substances as well as the recommendations of any qualified environmental engineer or other expert which apply or pertain to the PREMISES, ▇▇▇▇▇▇'s use of the PREMISES or of the facilities of the AIRPORT. ▇▇▇▇▇▇ acknowledges that the presence of Hazardous Substances may permanently and materially impair the value and use of the PREMISES. ▇. ▇▇▇▇▇▇ shall promptly notify LESSOR if ▇▇▇▇▇▇ knows, suspects or believes that there may be any Hazardous Substances in or around the PREMISES, or other release of Hazardous Materials in the soil, groundwater or soil vapor on or under the PREMISES, or that occurs during the Term of this Lease, at LESSEE may be subject to any threatened or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires pending investigation by any governmental authorities having jurisdiction over agency under any statute, code, regulation, rule, ordinance, order or other law pertaining to any Hazardous Substances. ▇. ▇▇▇▇▇▇ and its agents and representatives shall have the Premisesright, upon being given reasonable notice by the LESSOR, to enter and visit the PREMISES to make observations of the PREMISES, take and remove soil or groundwater samples, and conduct tests. Tenant's obligations and LESSOR is under no duty, however, to visit or observe the indemnity hereunder PREMISES or to conduct tests. No site visit, observation or testing by LESSOR shall survive the expiration result in a waiver of any default of LESSEE or earlier termination of this Leaseimpose any liability on LESSOR. The term In no event shall any site visit, observation or testing by LESSOR be a representation that Hazardous Materials as used herein shall include any chemicalSubstances are or are not present in, substanceon, or material which under the PREMISES or that there has been compliance with any statute, code, regulation, rule, ordinance, order or other law pertaining to Hazardous Substances. Neither LESSEE nor any other party is hereafter determined entitled to rely on any site visit, observation or testing by ▇▇▇▇▇▇. LESSOR shall not be obligated to disclose to LESSEE or any federal, stateother party any report or finding made as a result, or local governmental agency in connection with, any site visit, observation or testing by LESSOR. In each instance, LESSOR shall give LESSEE reasonable notice before entering the PREMISES. LESSOR shall make reasonable efforts to avoid interfering with ▇▇▇▇▇▇’s use of the PREMISES in exercising any right provided in this Section. ▇. ▇▇▇▇▇▇ must prepare and maintain to the satisfaction of the fire official with jurisdictional authority a "Business Response Plan" in accordance with Section 25500 et seq. of the Health and Safety Code. Said plan must be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, kept current and radon gason file in the Airport Manager’s office.

Appears in 1 contract

Sources: Land Lease

Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause or permit any hazardous or toxic wastes, substances or materials (collectively, “Hazardous Materials”) to occur (i) any violation be used, generated, stored or disposed of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underunder or about, or transported to or from, the Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, which may be withheld for any reason whatsoever or no reason and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s or Carrier’s Hazardous Materials Activities on, under or about the Premises arising from Tenant's leasehold interest Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as “hazardous substances” or “toxic substances” in or use or occupancy the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances defined as “hazardous wastes” in the Premises includingregulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, soil Lessee shall, prior to the Commencement Date, submit to Lessor for Lessor’s review and groundwater conditions approval, a list of Hazardous Materials Activities, including types and (ii) quantities, which list to the useextent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, generation, release, manufacture, refining, production, processing, storage, or disposal Lessor shall update such list as necessary for continued accuracy. Lessor shall also provide Lessee with a copy of any Hazardous Materials oninventory statement required by any applicable legal requirements. If Lessee’s activities violate or create a risk of violation of any legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, underLessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or expiration of the term of this Lease. ▇. ▇▇▇▇▇▇ acknowledges that Lessee’s equipment cabinets shall contain batteries for back-up power and that, provided Lessee’s use of same is in compliance with this provision, the presence of such batteries does not violate this provision if such batteries comply with all laws, regulations and ordinances relating to Hazardous Materials. c. Lessee will immediately notify Lessor and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or about notices relating to the condition of the Leased Premises or compliance with environmental laws. Lessee shall promptly cure and have dismissed with prejudice any of those actions and proceedings to the Building satisfaction of Lessor. Lessee will keep the Leased Premises free of any lien imposed pursuant to any environmental laws. ▇. ▇▇▇▇▇▇ shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor’s choosing, and if any Hazardous Materials generated, stored, transported or released by Lessee are detected or if a violation of any of the transportation representations or covenants in this Section 15 is discovered, the fees and expenses of such consultant will be borne by Lessee. e. If Lessee fails to comply with any of the foregoing representations and covenants, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor’s demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or the Building of otherwise clean up any Hazardous Materials. Lessor, however, has no affirmative obligation to remove or otherwise clean-up any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at will not be construed as creating any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gassuch obligation.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Materials. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous -------------------- Materials on(as hereinafter defined) to be brought upon, under, kept or used in or about the Premises or the Building by Tenant, its agents, PRINCIPALS, EMPLOYEES, assigns, subtenants, contractors, consultants or invitees without prior written consent of Landlord, which consent may be withheld for any reason whatsoever or for no reason at all. If Tenant breaches the obligations stated in the immediately preceding sentence, or if the presence of Hazardous Material on the Premises or around the Building caused or permitted by Tenant (or the transportation to or from aforesaid others) results in contamination of the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, dischargesurrounding area(s), or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy if contamination of the Premises or from acts the Building or omissions of Tenantthe surrounding area(s) by Hazardous Material otherwise occurs for which Tenant is legally, its agentsactually or factually liable or responsible to Landlord (or any party claiming by, employeesthrough or under Landlord) for damages, representativeslosses, costs or inviteesexpenses resulting therefrom, then Tenant shall, at its own expense, prepare shall fully and submit the required plans. Tenant shall completely indemnify, defend, protect, defend and hold harmless Landlord (or any party claiming by, through or under Landlord) from any and all claims, its partnersjudgments, officersdamages, directorspenalties, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suitscosts, proceduresliabilities or losses [including, without limitation: (i) diminution in the value of the Premises and/or the Building and/or the land on which the Building is located and/or any adjoining area(s) which Landlord owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, the Building or the land on which the Building is located; (iii) damages arising from any adverse impact on marketing of space; and (iv) any sums paid in settlement of claims, liabilitiesattorney's fees, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees and expert fees) arising out of ] which arise during or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during after the Term of this Lease, at as may be extended, as a consequence of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or from any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the Premises which arises at any time from Tenant's use soil or occupancy of ground water on or under the Premises or from Tenant's failure to provide all informationthe Building. Without limiting the foregoing, make all submissionsif the presence of any Hazardous Material on, and under or about the Premises, the Building or the surrounding area(s) caused or permitted by Tenant (or the aforesaid others) results in any contamination of the Premises, the Building or the surrounding area(s), Tenant shall immediately take all steps requires by any governmental authorities having jurisdiction over actions at its sole expense as are necessary or appropriate to return the Premises, the Building and the surrounding area(s) to the condition ex1sting prior to the introduction of any such Hazardous Material thereto; provided that Landlord's prior written discretionary approval of such actions by Tenant shall be first obtained. Tenant's The foregoing obligations and the indemnity hereunder responsibilities of Tenant shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Lease Agreement (Anything Internet Corp)

Hazardous Materials. Except as otherwise provided herein, Tenant shall keep or cause the Demised Premises to be kept free of Hazardous Materials (hereinafter defined). Without limiting the foregoing, Tenant shall not cause or permit the Demised Premises to occur be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials in contravention to, or in amounts greater than permitted by, applicable law, nor shall Tenant cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant or any person or entity claiming through or under Tenant or any of their employees, contractors, agents, visitors or licensees (collectively, "Related Parties"), a release of Hazardous Materials onto the Demised Premises or onto any other property. Tenant shall comply with andensure compliance by all Related Parties with all applicable Federal, State and Local laws, ordinances, rules and regulations, whenever and by whomever triggered (including, without limitation, any regular testing regimes required by law; which testing, Landlord shall have the option to perform at Tenant's sole cost and expense), and shall obtain and comply with, and ensure that all Related Parties obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (i) conduct and complete all investigations, studies, samplings, and testing, and all remedial removal and other actions necessary to clean up and remove such Hazardous Materials, on, from, or affecting the Demised Premises which were introduced by Tenant or Related Parties (a) in accordance with all applicable Federal, State and Local laws, ordinances, rules, regulations, policies, orders and directives, and (b) to the reasonable satisfaction of Landlord, and (ii) defend, indemnify, and hold harmless Landlord, its employees, agents, officers, members, partners, principals and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (a) the presence, disposal, release, or threatened release of such Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise through or on account of Tenant or Related Parties; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials through or on account of Tenant or Related Parties; (c) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials through or on account of Tenant or Related Parties; and/or (d) any violation of applicable Laws now laws, orders, regulations, requirements, or hereafter enacted demands of government authorities, or issuedany policies or requirements of Landlord, which are based upon or in any way related to environmental conditions onsuch Hazardous Materials through or on account of Tenant or Related Parties, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil without limitation, reasonable attorney and groundwater conditions consultant fees, investigation and (ii) the uselaboratory fees, generationcourt costs, release, manufacture, refining, production, processing, storage, and litigation expenses. Tenant shall immediately notify Landlord in writing of any actual or disposal threatened release of any Hazardous Materials on, under, in or about the Demised Premises, including notification to Landlord if Tenant receives any notice or requests for inspection or information from any Federal, State or local official or agency which pertains to Hazardous Materials. Copies of all reports, notices, correspondence, and other documents received from or submitted to governmental authorities, and of all technical data, test results, expert opinions and other materials generated in connection with the contamination or other response or remedial activities, shall be provided to all parties to this lease. In the event this lease is terminated, or Tenant is dispossessed, Tenant shall deliver the Demised Premises or the Building or the transportation to or from the Premises or the Building Landlord free of any and all Hazardous MaterialsMaterials so that the conditions of the Demised Premises shall conform with all applicable Federal, except de minimis amounts State and Local laws, ordinances, rules or regulations affecting the Demised Premises. In the event that Landlord has a good faith belief that there has been a release of Hazardous Materials for which Tenant is responsible hereunder, Landlord shall have the right to engage an environmental engineering or consulting firm to conduct an inspection of the Real Property and Demised Premises at Tenant's sole cost and expense. Tenant shall reimburse Landlord for the reasonable cost of any such inspection as well as the actual, out-of-pocket cost of any clean-up and testing performed pursuant thereto with respect to Hazardous Materials for which Tenant is responsible hereunder. For purposes of this paragraph, "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, State or Local environmental law, ordinance, rule, or regulation. Tenant specifically acknowledges and agrees that it shall be and remain responsible for any Hazardous Materials existing at the Demised Premises as of the date hereof, as more particularly described in that certain Phase I Environmental Site Assessment prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, Inc., dated September 7, 2011, and in that certain Stormwater Drywell Investigation and Sampling Report prepared by ▇▇▇▇▇▇ Technical Services, Inc., dated October 21, 2011. In no event shall Tenant be responsible or liable for Hazardous Materials introduced to the Demised Premises by Landlord, Landlord's agents or contractors or any other tenants or occupants of any part of the Real Property (other than an assignee or subtenant ofTenant). Notwithstanding anything to the contrary contained herein, Tenant may, in the normal and customary operation of its business, maintain and use in the Demised Premises certain commercially reasonable amounts of the chemicals and other substances set forth on Exhibit "C" of this lease, as same may be updated from time to time by Tenant (with any such updates being subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed), provided that (i) such materials and other substances are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies compliance with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byapplicable laws, and comply (ii) the indemnification obligations of Tenant set forth in this Paragraph 57 shall apply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare full force and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premiseseffect thereto. Tenant's obligations and the indemnity hereunder under this Paragraph 57 shall survive the expiration or earlier termination of the term of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gaslease.

Appears in 1 contract

Sources: Lease Agreement (Standard Microsystems Corp)

Hazardous Materials. (a) During the term of this Lease, Tenant shall comply with all Environmental Laws and Environmental Permits (each as defined in subsection (d) of this Paragraph 59) applicable to the operation or use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, and will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance. (b) Tenant shall not cause generate, use, treat, store, handle, release or dispose of Hazardous Materials (as defined in subsection (d) of this Paragraph 59) on the Premises, or the Complex, or transport or permit to occur (i) any violation the transportation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building Complex except for limited quantities used or stored at the Premises in connection with Tenant’s customary business operations or the routine operation and maintenance of the Premises, and then only in compliance with all applicable Environmental Laws and Environmental Permits. (c) Tenant agrees to defend, indemnify and hold harmless Landlord and Owner from and against all obligations (including removal and remedial actions), losses, claims, suits, judgments, liabilities, penalties, damages (including consequential and punitive damages), costs and expenses (including attorneys’ and consultants’ fees and expenses) of any Hazardous Materialskind or nature whatsoever that may at any time be incurred by, except de minimis amounts imposed on or asserted against such Indemnitees directly or indirectly based on, or arising or resulting from (a) the actual or alleged presence of Hazardous Materials that are commonly used on the Complex in office products violation of applicable Environmental Law which is caused or are present in ordinary cleaning supplies. All such office products permitted by Tenant and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should (b) any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time Environmental Claim resulting from Tenant's ’s operation or use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit (the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term Indemnified Matters”). The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Paragraph 59 shall survive the expiration or earlier sooner termination of this Lease. The term . (d) As used herein, the following terms shall have the following meanings: “Hazardous Materials as used herein shall include Materials” means (i) petroleum or petroleum products, natural or synthetic gas, asbestos in any chemicalform that is or could become friable, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsurea formaldehyde foam insulation, and radon gas.; (ii) any substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants” or “pollutants,” or words of similar import, under any applicable Environmental Law; and (iii) any other substance exposure which is regulated by any governmental authority. “Environmental Law” means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of common law now or SUBLEASE AGREEMENT Page 30 OLD DALLAS LIBRARY BUILDING

Appears in 1 contract

Sources: Sublease Agreement (A. H. Belo Corp)

Hazardous Materials. Tenant Lessor and Lessee agree as follows with respect to the existence or use of Hazardous Materials (as defined below) at, on, in, under, above, or about the Industrial Center: 45.1 Any handling, transportation, release, generation, storage, treatment, disposal, or use of Hazardous Materials by Lessee or its employees, agents, contractors, or invitees after the date hereof at, on, in, under, above, or about the Industrial Center shall not cause strictly comply with all applicable Hazardous Material Laws (as defined below). Lessee shall indemnify, defend upon demand with counsel reasonably acceptable to Lessor, and hold harmless Lessor from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses that result from or permit arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center or (ii) the Premises by Lessee or its employees, agents, contractors, invitees or by third parties. 45.2 If the presence of Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center caused or permitted by Lessee or its employees, agents, contractors, or invitees after the date hereof or (ii) the Premises after the date hereof results in contamination or deterioration of water or soil, resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Lessee shall promptly take any and all action necessary to occur investigate and remediate such contamination if required by law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Industrial Center or any part thereof. Lessee shall further be solely responsible for, and shall defend, indemnify, and hold harmless Lessor and its agents from and against, all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Industrial Center or any part thereof to its condition existing prior to the appearance of such Hazardous Materials. 45.3 Lessor and Lessee shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials that relates to the Industrial Center, and (ii) any contamination of the Industrial Center by Hazardous Materials that constitutes a violation of applicable Laws now or hereafter enacted or issuedany Hazardous Materials Law. Lessee may use small quantities of household chemicals such as adhesives, related lubricants, and cleaning fluids in order to environmental conditions conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Lessee's business of which Lessor receives notice prior to such Hazardous Materials' being brought onto the Premises and which Lessor consents in writing may be brought onto the Premises, provided that all such uses shall be conducted at all times in compliance with all Hazardous Materials Laws. At any time during the Lease term, Lessee shall, within five (5) days after written request therefor received from Lessor, disclose in writing all Hazardous Materials that are being used by Lessee at, on, in, under, above, or about the Premises arising from Tenant's leasehold interest in or use or occupancy Industrial Center, the nature of such use, and the Premises includingmanner of storage and disposal. 45.4 Lessor may cause testing wells to be installed on the ▇▇▇▇▇trial Center, and may cause the soil and groundwater conditions to be tested under and about the Industrial Center, and may inspect the Premises, to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Lessee so requests, Lessor shall supply Lessee with copies of such test results. The cost of such tests and of the installation, maintenance, repair, and replacement of such wells shall be paid by Lessee ▇▇ ▇uch tests disclose the existence of facts that may give rise to liability of Lessee pursuant to its indemnity given in paragraph 45.1 and/or 45.2 above. 45.5 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the State of Minnesota, or the United States Government. The term "Hazardous Material" includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance that is (i) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (ii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the Minnesota Pollution Control Agency, and the Minnesota Department of Health) which regulates the use, generationstorage, release, manufacturehandling, refiningtransportation, productiongeneration, processing, storagetreatment, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasMaterial.

Appears in 1 contract

Sources: Lease Agreement (WTC Industries Inc)

Hazardous Materials. Tenant shall not, and shall not cause direct, suffer or permit any of its agents, contractors employees, licensees or invitees (collectively, the "Tenant Entities") to occur (i) at any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the time handle,- use, generation, release, manufacture, refining, production, processing, storage, store or disposal dispose of any Hazardous Materials on, under, in or about the Premises or the Building any (collectively "Hazardous Materials") flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the transportation keeping, use or disposition of environmentally hazardous materials, substances, Or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or from ordinances (collectively "Environmental Laws"), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building of and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, except de minimis amounts Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that are commonly used in office products or are present in ordinary cleaning supplies. All Tenant shall always handle, store, use, and dispose of any such office products and cleaning supplies will be used and stored Hazardous Materials in a safe and lawful manner that complies with all Lawsand never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall at its own expense make protect, defend, indemnify and hold each and all submissions toof the Landlord Parties (defined in Section 110.1 of the Lease) harmless from and against any and all loss, provide all information required byclaims, liability or costs (including court costs and attorney's fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, dischargeapplicable Environmental Laws, or other release of Hazardous Materials that occurs during the Term of this Lease at presence, handling, use or disposition in or from the Premises which arises at of any time from Tenant's use Hazardous Materials by Tenant or occupancy any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of tills Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Article. The provisions of this Article 6 shall supercede any other provision of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Lease imposing requirements on Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of respect to Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasMaterials.

Appears in 1 contract

Sources: Lease Amendment (Allied Esports Entertainment, Inc.)

Hazardous Materials. Tenant shall not cause or permit to occur (ia) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials Except for those materials that are commonly used necessary in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies the normal course of Tenant’s business activities associated with all Laws. Tenant shall at its own expense make all submissions tothe Permitted Use, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativescontractors or invites shall not (i) cause or permit any Hazardous Materials (hereinafter defined) to be brought upon, stored, used or disposed on, in or about the Premises and/or Shopping Center, or invitees(ii) permit the release, then discharge, spill or emission of any substance considered to be a Hazardous Material from the Premises. (b) Any Hazardous Materials permitted by subparagraph (a), all containers therefor, and all materials that have been contaminated by Hazardous Materials shall be used, kept, stored and disposed of by Tenant shallin a manner that shall in all respects comply with all applicable federal, at state and local laws, ordinances, regulations and standards. (c) Tenant hereby agrees that it is and shall be fully responsible for all costs, expenses, damages or liabilities (including, but not limited to those incurred by Landlord and/or its own expensemortgagee) which may occur from the use, prepare and submit storage disposal, release, spill, discharge or emissions of Hazardous Materials by Tenant whether or not the required planssame may be permitted by this Lease. Tenant shall indemnify, defend, protect, indemnify and hold harmless Landlord, its partnersmortgagee and its agents from and against any claims, officersdemands, directorsadministrative orders, beneficiariesjudicial orders, shareholderspenalties, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, settlements, damages, costs or expenses (including, without limitation, reasonable attorney and actions of every kindconsultant fees, and all costs associated therewith (including investigation court costs and attorneys' and consultants' feeslitigations expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way connected with any depositrelated to the use, spillstorage, disposal, release, discharge, spill or other release emission of any Hazardous Materials that occurs during the Term Material by Tenant, its agents, employees, contractors or invites. The provisions of this Lease, at or from the Premises which arises at Section shall be in addition to any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's other obligations and the indemnity hereunder liabilities Tenant may have to Landlord at law or in equity and shall survive the expiration transactions contemplated herein or earlier any termination of this Lease. (d) As used in this Lease, the term “Hazardous Materials” shall include, without limitation: (i) Those substances included within the definitions of “hazardous substances”, “hazardous materials”, “toxic substances,” or “solid waste” in the comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.▇.▇. The term §▇▇▇▇ et seq.)(“CERCLA”), as amended by Superfund Amendments and Reauthorization Act of 1986 (“S▇▇▇”), the Resource Conservation and Recovery Act of 1976 (“RCRA”), and the Hazardous Materials Transportation Act, and in the regulations promulgated pursuant to said laws, all as used herein shall include amended; (ii) Those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency (of any chemicalsuccessor agency) as hazardous substances (40 CFR Part 302 and amendments thereto); (iii) Any material, waste or substance which is (A) petroleum, (B) asbestos, (C) polychlorinated biphenyls, (D) designated as a “hazardous substance” pursuant to Section 311 of the Clean W▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq. (33 U.S.C. §1321) or listed pursuant to Section of the Clean Water Act (33 U.S.C. §1317); (E) flammable explosives; or (F) radioactive materials; (iv) Those substances regulated pursuant to or identified in the Virginia Pesticide Law; Air Pollution Control Board; Virginia Waste Management Act; Environmental Health Service; Transportation of Hazardous Radioactive Materials; Virginia Hazardous Materials Emergency Response Program; State Water Control Law; The Groundwater Act of 1973; and Miscellaneous Offenses; and in the regulations promulgated pursuant to said laws, all as amended; and (v) Such other substances, materials and wastes which are or become regulated as hazardous or toxic under applicable local, state or federal law, or material the United States government, or which has been are classified as hazardous or is hereafter determined by any toxic under federal, state, or local governmental agency to be capable of posing a risk of injury to health laws or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasregulations.

Appears in 1 contract

Sources: Lease Agreement (Alliance Bankshares Corp)

Hazardous Materials. (a) In order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises, Tenant may, in accordance with all applicable Environmental Laws, use chemicals and cleaning materials such as adhesives, lubricants, ink, solvents and cleaning fluids and substances of the kind and in amounts and in the manner customarily found and used in first-class business offices. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generationstore, releasehandle, manufacturetreat, refiningtransport, production, processing, storage, release or disposal dispose of any other Hazardous Materials on, under, on or about the Premises or the Building Property without Landlord’s prior written consent, which Landlord may withhold or the transportation to condition in Landlord’s sole discretion. (b) Any handling, treatment, transportation, storage, disposal or from use of Hazardous Materials by Tenant or Tenant’s agents, contractors, employees or invitees, in or about the Premises or the Building Property shall comply with all applicable Environmental Laws. Tenant shall, within ten (10) Business Days of any Hazardous MaterialsLandlord’s written request therefor, except de minimis amounts of disclose in writing all Hazardous Materials that are commonly being used by Tenant in office products or are present in ordinary cleaning suppliesthe Premises, the nature of such use and the manner of storage and disposal. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Without Landlord’s prior written consent, Tenant shall at its own expense make all submissions tonot conduct any sampling or investigation of soil or groundwater on the Property to determine the presence of any constituents therein. (c) Tenant shall indemnify, provide all information required bydefend upon demand with counsel reasonably acceptable to Landlord, and comply with all requirements hold Landlord harmless from and against, any liabilities, losses, claims, damages, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses which arise out of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over or result from the Premises demand that a remediation plan be prepared use, storage, handling, treatment, transportation, release, threat of release or that remediation be undertaken because of any deposit, spill, discharge, or other release disposal of Hazardous Materials that occurs during the Term of this Lease at in or from the Premises which arises at any time from Tenant's use or occupancy of about the Premises or from acts the Property by Tenant or omissions of Tenant, its ’s agents, employees, representatives, contractors or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder paragraph (c) shall survive the expiration or earlier termination of this Lease. The term . (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials as used herein shall include any chemical, substance, which relates to the Premises or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsthe Property, and radon gas(ii) any Environmental Condition of which Tenant is aware.

Appears in 1 contract

Sources: Lease (Boston Private Financial Holdings Inc)

Hazardous Materials. Tenant shall not cause or permit to occur (ia) any To the best of Landlord's knowledge, no Hazardous Materials, as defined in Paragraph 9, were incorporated into the Building in the construction thereof in violation of applicable Laws now or hereafter enacted or issuedany Hazardous Materials Laws. (b) Landlord shall indemnify, related protect, defend (with legal counsel acceptable to environmental conditions onTenant in its subjective, undergood faith judgment) and hold harmless Tenant and Tenant's Agents from and against any and all H.M. Claims incurred by such indemnified persons, or about any of them, in connection with, or as the Premises arising from Tenant's leasehold interest in or use or occupancy result of the Premises including, soil and groundwater conditions and (iiA) the usepresence, generation, release, manufacture, refining, production, processing, storage, Use or disposal of any Hazardous Materials on, under, into or about the Premises or the Building Building, or the transportation of any Hazardous Materials to or from the Premises Building, by Landlord or its Agents; (B) any injury to or death of persons or damage to or destruction of property resulting from the Building presence, Use or disposal of any Hazardous MaterialsMaterials into or about the Building, except de minimis amounts or the transportation of any Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at Building, by Landlord or its Agents; (C) any time from Tenant's use violation of any Hazardous Materials Laws by Landlord; and (D) any failure by Landlord or occupancy its Agents to observe the foregoing covenants of this Paragraph 48.3(b). Payment shall not be a condition precedent to enforcement of the Premises or from foregoing indemnification provision. For purposes of these indemnification provisions, any acts or omissions of Tenant, its agents, employees, representativesLandlord, or inviteesLandlord's Agents (regardless of whether they are negligent, then Tenant shallintentional, at its own expensewillful or unlawful) shall be strictly attributable to Landlord. Landlord's obligations hereunder shall be as provided in Paragraph 14 and shall include, prepare and submit the required plans. Tenant shall indemnify, defend, protectwithout limitation, and hold Landlordwhether foreseeable or unforeseeable, its partnersall costs of any required or necessary testing, officersinvestigation, directorsstudies, beneficiariesreports, shareholdersrepair, agentsclean-up, employeesdetoxification or decontamination of the Building, and lenders harmless from all finesthe preparation and implementation of any closure, suitsremoval, procedures, claims, liabilitiesremedial action or other required plans in connection therewith, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of the term of this Lease. The term In the event of any foreclosure, deed in lieu of foreclosure or other transfer of the Building to Landlord's first mortgagee, this indemnity and Paragraph 48.3(b) are hereby deleted from the Lease and are without force as to such mortgagee. However, Landlord's mortgage and any purchaser at any foreclosure sale or similar transfer of the Building will: (i) comply at all times with all applicable Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsLaws, and radon gas(ii) will remediate or clean-up, as applicable, in accordance with Hazardous Materials Laws all Hazardous Materials which interfere with or prevent Tenant's use or occupancy of or access to the Premises and which are not caused by Tenant, its agents, employees and contractors.

Appears in 1 contract

Sources: Lease (Resources Connection Inc)

Hazardous Materials. Tenant shall not cause not, without the prior written consent of Landlord, use, store, transport or permit to occur (i) dispose of any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, Hazardous Material in or about the Premises arising from Premises, except for Hazardous Materials of a type and in amounts used in accordance·with Law. Tenant shall provide Landlord with written notice specifying in reasonable detail all Hazardous Materials to be stored or used at the Premises. Tenant's leasehold interest in or , at its sole cost, shall comply with all laws relating to its use or occupancy of the Premises includingHazardous Materials. If Hazardous Materials stored, soil and groundwater conditions and (ii) the useused, generationdisposed of, release, manufacture, refining, production, processing, storageemitted, or disposal of any Hazardous Materials on, under, released on or about the Premises Building by Tenant or its agents, employees or contractors result in Contamination of the Premises, Building or the transportation to water or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or inviteessoil thereunder, then Tenant shall, at its own expense, prepare shall promptly provide Landlord with written notice thereof and submit the take any and all action necessary to remediate such contamination as required plansby Law. Tenant shall indemnify, defend, protect, protect and hold Landlord, Landlord and its partners, officers, directors, beneficiaries, shareholders, agents, employees, successors and lenders assigns harmless from and against, all fineslosses, suits, proceduresdamages, claims, costs and liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and reasonable attorneys' fees and consultants' fees) costs, arising out of or in any way connected with any deposit, spillTenant's use, discharge, disposal, storage, transport, release or other release emission of Hazardous Materials that occurs on or about the Premises and Building during the Term of this Lease, at or from the Premises which arises at Term. "Hazardous Materials" shall mean any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, pollutant, contaminant, material and waste that is classified in any applicable Environmental Law as "hazardous", "toxic", "dangerous", a "pollutant", a "contaminant" or material which has been or is hereafter determined by any federalwords of similar meaning, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleumasbestos, asbestos-containing materials, polychlorinated biphenyls, petroleum or petroleum products, radioactive materials, radon gas and radon gasany known carcinogenic materials. "Environmental Law" shall mean any and all Laws and Judgments relating to either the condition of the environment or the storage, use, emission, disposal or release of Hazardous Materials. "Contamination" shall mean the emission, discharge or release of any Hazardous Materials to, on, onto or into the environment. "Judgment" shall mean any judgment, injunction, order or decree of any Governmental Entity.

Appears in 1 contract

Sources: Lease (GCP Applied Technologies Inc.)

Hazardous Materials. (a) Tenant shall not cause engage in or permit any party to occur (i) any violation of applicable Laws now or hereafter enacted or issuedengage in the transportation, related to environmental conditions onstorage, underplacement, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises includinghandling, soil and groundwater conditions and (ii) the usetreatment, discharge, generation, release, manufacture, refining, production, processing, storage, or disposal (collectively "Treatment") of any Hazardous Materials onhazardous waste, underhazardous substance, toxic waste, waste, waste products, radioactive waste, polychlorinated biphenyls, asbestos, or about any other substance of any kind which is regulated by any law, statute, ordinance,, rule, or regulation (collectively "Waste"), on the Demised Premises or which affect the Demised Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all LawsShopping Center. Tenant shall at its own expense make all submissions to, provide all information required by, further covenants and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand warrants that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agentslicensees, employees, assignees, sublessees and lenders harmless from contractors, will at all finestimes comply with and conform to all laws, suitsstatutes, proceduresordinances, claimsrules, liabilitiesregulations, notices, and actions orders now or hereafter in force (collectively "Directives") of every kindall governmental and regulatory authorities, and all costs associated therewith or of any Board of Fire Underwriters, or any insurance organization, association, or company, with respect to the Treatment of any Waste on or which affects the Demised Premises. (including investigation costs and attorneys' and consultants' feesb) arising out Immediately upon receipt of any notice of any kind or in nature respecting any way connected with Treatment of Waste or any depositspill, spillcontamination, discharge, leakage, release or escape of Waste, whether sudden or gradual, accidental or anticipated, or of any other release nature (hereinafter "Spill"), in or affecting the Demised Premises, from any party, the receiving party shall deliver to the other a true, correct and complete copy of Hazardous Materials that occurs during the Term any written notice or a true, correct, and complete report of any non-written notice. (c) Notwithstanding anything in this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy representations and undertakings of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Tenant in this Section 11 shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials Lease regardless of the means of such expiration or termination for so long as used herein shall include Landlord has any chemicalinterest of any kind in the Demised Premises whether as a landlord, substancetenant, mortgagee or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasotherwise.

Appears in 1 contract

Sources: Office Lease

Hazardous Materials. Tenant shall not cause Landlord represents that, to the best of Landlord's knowledge, as of the Effective Date, no substances, materials or permit wastes subject to occur regulation by Legal Requirements from time to time in effect concerning hazardous, toxic or radioactive materials (i"Hazardous Materials") any are located on the Leased Premises in violation of applicable Laws now Legal Requirements. Landlord shall indemnify, protect, defend (with counsel reasonably approved by Tenant) and hold Tenant, and the officers, directors, shareholders, employees and agents of Tenant, harmless from any and all obligations, claims, administrative proceedings, judgments, damages, fines, costs and liabilities, including reasonable attorneys' fees incurred, that arise directly or hereafter enacted indirectly from or issuedin connection with the presence, related to environmental conditions onsuspected presence, underRelease (as defined below), or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts suspected Release of Hazardous Materials that are commonly used prior to or in office products existence as of the Effective Date arising out of, in connection with or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements by reason of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared action or that remediation be undertaken because inaction of any deposit, spill, dischargeLandlord, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from TenantLandlord's use or occupancy of the Premises or from acts or omissions of Tenantofficers, its directors, partners, agents, employees, representativescontractors, subtenants, invitees or visitors, including such costs as are attributable to periods of time prior to the Effective Date. As used in this Lease, "Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or inviteesdisposing into the environment (including the abandonment or discarding of barrels, then Tenant shall, at its own expense, prepare containers and submit the required plansother closed receptacles). Tenant shall indemnify, defend, protect, defend (with counsel reasonably approved by Landlord) and hold Landlord, its partners, and the officers, directors, beneficiariesshareholders, shareholdersemployees and agents of Landlord, harmless from any and all obligations, claims, administrative proceedings, judgments, damages, fines, costs and liabilities, including reasonable attorneys' fees incurred, that arise directly or indirectly from or in connection with the presence, suspected presence, Release, or suspected Release of Hazardous Materials after the Effective Date arising out of, in connection with or by reason of the action or inaction of Tenant, or Tenant's officers, directors, partners, agents, employees, and lenders harmless from all finescontractors, suitssubtenants, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of invitees or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasvisitors.

Appears in 1 contract

Sources: Ground Lease Agreement (Family Golf Centers Inc)

Hazardous Materials. Tenant The term “Hazardous Substances,” as used in this Lease shall not cause mean pollutants, contaminants, toxic or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underhazardous wastes, or about any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (I) no activity will be conducted on the Premises arising from Tenant's leasehold interest in or use or occupancy that will produce any Hazardous Substance, except for such activities that are part of the Premises includingordinary course of Lessee’s business activities (see “Use of Premises”) provided said Permitted Activities are conducted in accordance with all Environmental Laws, soil Lessee shall be responsible for obtaining any required permits and groundwater conditions paying any fees and providing any testing required by any governmental agency; (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal Premises will not be used in any manner for the storage of any Hazardous Materials on, under, or about Substances except for the Premises or the Building or the transportation to or from the Premises or the Building storage of any Hazardous Materials, except de minimis amounts of Hazardous Materials such materials that are commonly used in office products or the ordinary course of Lessee’ business (the “Permitted Materials”) provided such Permitted Materials are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and properly stored in a manner that complies with and location meeting all Environmental Laws. Tenant ; Lessee shall at its own expense make all submissions to, provide all information be responsible for obtaining any required by, permits and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should paying any fees and providing any testing required by any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy agency; (iii) no portion of the Premises will be used as a landfill or from acts a dump; (iv) Lessee will not install any underground tanks of any type; (v) Lessee will not allow any surface or omissions of Tenant, its agents, employees, representativessubsurface conditions to exist or come into existence that constitute, or inviteeswith the passage of time may constitute a public or private nuisance; Lessor or Lessor’s representative shall have the right but not the obligation to enter the Premises for the purpose of inspecting the storage, and use of Permitted Materials to ensure compliance with all Environmental Laws, subject to notice to Lessee and Lessee’s supervision. Should it be proven that said Permitted Materials are being improperly stored, used, or disposed of, then Tenant shallLessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to commence to take such corrective action within 72 hours, at its own expense, prepare Lessor shall have the right but not the obligation to perform such work and submit the required plans. Tenant Lessee shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, promptly reimburse Lessor for any and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of with said work. If at any time during or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during after the Term term of this Lease, at or from the Premises which arises are found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee’s sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any time nature arising from Tenant's or as a result of the use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the PremisesLessee. Tenant's obligations The foregoing indemnification and the indemnity hereunder responsibilities of Lessee shall survive the termination or expiration or earlier termination of this Lease. The term Hazardous Materials as used Notwithstanding any provision herein shall include any chemicalto the contrary, substanceLessor hereby warrants, or material to the best of its knowledge and belief, there exist no hazardous materials in the Premises, the Building where the Premises reside, nor on the land upon which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsthe Premises reside, and radon gasLessee shall not be liable in any way for any breach of Lessor’s warranty herein, whether said breach was known or unknown to Lessor.

Appears in 1 contract

Sources: Lease Agreement (SCP Pool Corp)

Hazardous Materials. 32.1 In addition to its other obligations under this Lease, Tenant shall not cause or permit covenants to occur (i) any violation of applicable Laws now or hereafter enacted or issuedcomply with all laws relating to Hazardous Materials, related as defined below, with respect to environmental conditions on, under, or about the Premises arising from and the Building. 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 office business operations conducted by Tenant on the Premises, neither Tenant nor any of Tenant's leasehold interest in agents, employees, contractors, subtenants, assignees, licensees or use or occupancy of the Premises including, soil and groundwater conditions and invitees (ii"Tenant's Parties") the shall use, generation, release, manufacture, refining, production, processing, storage, handle store or disposal dispose of any Hazardous Materials in, on, under, under or about the Premises Premises, the building or the site on which the Building is located. Tenant shall promptly take all actions, at its sale cost and expense, as are necessary to return the Premises, Building and site to the condition existing prior to the introduction of any such Hazardous Materials by Tenant or any Tenant Parties, provided Landlord's approval of such actions shall first be obtained. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the transportation to or from Premises concerning the Premises or the Building presence of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Material. 32.2 Tenant shall at its own expense make be solely responsible for and shall indemnify, defend (with counsel reasonably approved by Landlord) and hold Landlord harmless from and against any and all submissions toclaims, provide all information required bydemands, judgments, suits, causes of action, damages, penalties, fines, liabilities, losses and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over expenses (including, without limitation, investigation and clean-up costs, attorneys' fees, consultant fees and court costs) which arise during or after the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term term of this Lease at as a result of the breach of any of the obligations and covenants set forth in this Section 33, and/or any contamination of the Premises, Building or site directly on indirectly arising from the Premises which arises at activities of Tenant or any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term Parties. 32.3 For purposes of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all informationterm "Hazardous Materials" shall mean, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleumcollectively, asbestos, polychlorinated biphenyls, radioactive materialsany petroleum fuel, and radon gasany hazardous or toxic substance, material or waste which is or becomes regulated or defined as hazardous or toxic by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance defined as hazardous or toxic under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ss. 9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sections 1251, et seq.; the California Hazardous Substance Account Act, California Health and Safety Code Sections 25330, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Sections 25100 et seq.; the California Safe Drinking Water and Toxic Health Enforcement Act, California Health and Safety Code Sections 25249.5, et seq.; California Health and Safety Code Sections 25280, et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Treatment Reform Act, California Health and Safety Code Sections 25179.1, et seq.; California Health and Safety Code Sections 25501, et seq. (Hazardous Materials Release Response Plans and Inventory); Petroleum Underground Storage Tank Cleanup, Health and Safety Code Sections 25299.10, et seq.; and the ▇▇▇▇▇▇-Cologne Water Quality Control Act, California Water Code Sections 13000, et seq., as such laws may be amended from time to time.

Appears in 1 contract

Sources: Office Lease (Pac-West Telecomm Inc)

Hazardous Materials. Tenant 16.01 Landlord warrants and represents to Tenant, that, to the best of Landlord's knowledge and after reasonable inquiry, the Premises are in compliance with all applicable environmental laws, rules, requirements, orders, directives, ordinances and regulations of the United States of America or any state, city or municipal government or lawful authority having jurisdiction or affecting the Premises (collectively "Environmental Laws") and that none of the insulation materials or any other materials within the Premises installed by or on behalf of Landlord are or contain asbestos, or any other known Regulated Material as defined below. Except as set forth in Sections 16.03 and 16.05, Landlord shall, at its expense, take all action necessary to ensure that the Facility complies with all Environmental Laws and that the Facility is, and remains at all times, safe for use and occupancy. 16.02 Except as set forth in Sections 16.03 and 16.05, Landlord shall not cause defend, indemnify and save Tenant, its officers, directors, agents and employees, harmless from and against all claims, obligations, demands, actions, proceedings and judgments, loss, damage, liability and expense (including reasonable attorneys' fees and expenses) which any one or permit to occur (i) more of them may sustain in connection with any non-compliance with any environmental condition affecting the Facility resulting from any violation of applicable Laws now environmental laws when caused by or hereafter enacted results from Landlord's negligence, intentional act or issuedomission of Landlord, related its servants, agents or employees. This indemnity shall not apply to environmental conditions onLandlord's Mortgagee, under, successors-in-interest to Mortgagee or about anyone acquiring the Premises through Landlord's Mortgagee. 16.03 Tenant shall at Tenant's own cost and expense, timely comply with all applicable, rules, requirements, orders, directives, ordinances and regulations arising from Tenant's leasehold interest in or use or and occupancy of the Premises includingPremises, soil and groundwater conditions and (ii) including but not limited to the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Environmental Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, save and hold harmless Landlord, its partnersdirectors, officers, directors, beneficiaries, shareholders, agents, employees, agents and lenders harmless employees from and against any and all fines, suits, procedures, claims, liabilitiesdemands, losses and actions of every kind, and all costs associated therewith liabilities (including investigation costs and reasonable attorneys' and consultants' fees) arising out resulting from any violation of the Environmental Laws when caused by or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time results from Tenant's use or and occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder . 16.04 The provisions of this Article 16 shall survive the expiration or earlier termination of this Lease. . A. The term following terms and conditions regarding environmental matters and the Premises are included in this Lease: (1) For the purpose of this Lease, the phrase "Regulated Materials" shall include, but shall not be limited to, those materials or substances defined as "hazardous substances", "hazardous materials", "hazardous waste", "toxic substances", "toxic pollutant" or other similar designations under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, ET SEQ., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, ET SEQ., the Hazardous Materials as used herein shall include any chemicalTransportation Act, substance49 U.S. C. 1801, ET SEQ., or material which has been regulations promulgated pursuant thereto (herein "Environmental Laws"). "Tenant's Regulated Materials" shall mean those Regulated Materials, brought onto, created, stored at, handled, or is hereafter determined generated at the Premises by or on behalf of Tenant, its agents, employees, contractors (other than Landlord), subtenants, assignees, suppliers or other invitees. "Landlord's Regulated Materials" shall mean all other "Regulated Materials" including those brought onto, created, stored at, handled or generated at the Premises by Landlord, its agents, employees, contractors, subtenants, assignees, suppliers or other invitees. Also the phrase "Governmental Agency or Agencies" means any federal, state, local or local governmental foreign government, political subdivision, court, agency to be capable or other entity, body, organization or group exercising any executive, legislative, judicial, quasi-judicial, regulatory or administrative function of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasgovernment.

Appears in 1 contract

Sources: Lease Agreement (BMC Industries Inc/Mn/)

Hazardous Materials. (a) During the Term, Tenant shall not cause or permit to occur (i) shall comply, and cause the Leased Property and the Hospital Improvements to comply, with all Hazardous Materials Laws applicable to the Leased Property and the Hospital Improvements (including the making of all submissions to governmental authorities required by Hazardous Materials Laws and the carrying out of any violation of applicable Laws now or hereafter enacted or issuedremediation program specified by such authority), related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) shall prohibit the use, use of the Leased Property and the Hospital Improvements for the generation, release, manufacture, refiningrefinement, production, processing, storage, or disposal processing of any Hazardous Materials onMaterial or for the storage, underhandling, transfer or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Material (other than in compliance with the Hazardous Materials that are commonly used Laws and in office products commercially reasonable quantities in connection with the operation, business and maintenance of the Leased Property and the Hospital Improvements as a hospital facility and/or as a consumer or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant supplier of consumer products), (iii) shall at its own expense make all submissions tonot permit to remain, provide all information required byinstall or permit the installation on the Leased Property or the Hospital Improvements of any surface impoundments, underground storage tanks, transformers containing polychlorinated biphenyl or asbestos-containing materials, and (iv) shall cause any improvements to or alterations of the Leased Property and the Hospital Improvements to comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during Laws, and in connection with any such improvements or alterations shall remove any Hazardous Materials present upon the Term of this Lease at Leased Property or from the Premises Hospital Improvements which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then are not in compliance with Hazardous Materials Laws. (b) Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnifyagrees to protect, defend, protect, indemnify and hold harmless Landlord, its partnersdirectors, officers, directorsmembers, beneficiariespartners, shareholders, employees and agents, employees, and lenders harmless any successors and assigns of Landlord from all fines, suits, procedures, claims, liabilities, and actions of every kind, against any and all costs associated therewith (liability, including investigation costs all foreseeable and all unforeseeable damages including but not limited to attorneys' and consultants' fees) , fines, penalties and civil or criminal damages, directly or indirectly arising out of the use, generation, storage, treatment, release, threatened release, discharge, spill, presence or disposal of Hazardous Materials from, on, at, to or under the Leased Property or the Hospital Improvements during the Term (collectively, "Release"), and including, without limitation, the cost of any required or necessary repair, response action, remediation, investigation, cleanup or detoxification and the preparation of any closure or other required plans arising out of or relating to any such Release. This agreement to indemnify and hold harmless shall be in addition to any way connected with any deposit, spill, discharge, other obligations or other release of Hazardous Materials that occurs during the Term of this Lease, liabilities Tenant may have to Landlord at common law under all statutes and ordinances or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissionsotherwise, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive following the date of expiration or earlier termination of this Lease. The term Tenant expressly agrees that the representations, warranties and covenants made and the indemnities stated in this Lease are not personal to Landlord, and the benefits under this Lease may be assigned to subsequent parties in interest to the chain of title to the Leased Property and/or the Hospital Improvements, which subsequent parties in interest may proceed directly against Tenant to recover pursuant to this Lease. (c) Tenant shall promptly notify Landlord in writing, upon Tenant's learning, of any: (i) notice or claim to the effect that Tenant is or may be liable to any person as a result of the release or threatened release of any Hazardous Materials as used herein shall include any chemical, substance, Material into the environment from the Leased Property or material which has been or the Hospital Improvements; (ii) notice that Tenant is hereafter determined subject to investigation by any federal, state, governmental authority evaluating whether any remedial action is needed to respond to the release or local governmental agency threatened release of any Hazardous Material into the environment from the Leased Property or the Hospital Improvements; (iii) notice that the Leased Property and/or the Hospital Improvements is subject to be capable any environmental lien; and (iv) notice of posing violation to Tenant or awareness by Tenant of a risk condition which might reasonably result in a notice of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, violation of any applicable Hazardous Material Law that could have a material adverse effect upon the Leased Property and/or the Hospital Improvements. (d) Tenant shall maintain a "best practices" protocol for disposal of medical waste and radon gasupon request Tenant shall provide all evidence thereof which Landlord may require.

Appears in 1 contract

Sources: Sublease Agreement (Medical Properties Trust Inc)

Hazardous Materials. (a) Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on(as hereinafter defined) to be brought upon, under, kept or used in or about the Premises or the Building Airport by Tenant, its agents, employees, contractors or invitees, without the transportation prior written consent of County, which County shall not unreasonably withhold as long as Tenant demonstrates to or from the Premises or the Building of any County's satisfaction that such Hazardous Materials, except de minimis amounts of Hazardous Materials that : (I) are commonly used in office products necessary or are present in ordinary cleaning supplies. All such office products useful to Tenant's business and cleaning supplies will be used used, kept and stored in a manner that complies with all laws, statutes, ordinances, rules, regulations, orders, requirements, and policies of any and all governmental agencies and authorities and any fire insurance underwriters applicable to any such Hazardous Materials ("Hazardous Materials Laws. ") and (ii) do not otherwise, due to the quantity, nature or use of such Hazardous Materials, substantially increase the risk of fire or other casualty to the Premises or the Airport. (b) To the extent any Hazardous Materials are used, kept, or are present in or on the Premises after the Commencement Date, Tenant shall at its own expense make ensure that all submissions to, provide all information required bysuch Hazardous Materials, and comply all uses thereof, are in full compliance with all requirements Hazardous Materials Laws. (c) If Tenant breaches the obligations stated in subparagraphs (a) or (b) of all governmental authorities under Laws relating to this Section 4.2.4 or if the presence of Hazardous Materials. Should any governmental entity having jurisdiction over Materials on the Premises demand that a remediation plan be prepared after the Commencement Date results in contamination of the Premises or that remediation be undertaken because the Airport, or if Hazardous Materials are otherwise discharged or released from the Premises after the Commencement Date, then Tenant shall indemnify, defend (with counsel approved by County) and hold County harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in value of the Airport, damages for the loss or restriction on use of rentable or usable space or of any depositamenity of the Airport, spilldamages arising from any adverse impact on marketing of space in the Airport, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such breach, contamination, discharge, or other release release. This indemnification of County by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials that occurs during present in, on or under the Term Airport. Without limiting the foregoing, if the presence of this Lease at any Hazardous Materials on the Premises after the Commencement Date results in any contamination of the Airport, or otherwise results in the release or discharge on, under or from the Premises of Hazardous Materials, Tenant shall promptly take all actions at its sole expense as are necessary to return the Airport to the condition existing prior to the introduction of any such Hazardous Materials to the Airport or to otherwise remove and/or ▇▇▇▇▇ the release or discharged Hazardous Materials; provided that County's approval of such actions shall first be obtained, which arises at approval shall not be unreasonably withheld so long as such actions would not potentially have any time from Tenant's material adverse long-term or short-term effect on the Airport, will not unreasonably interfere with the use or occupancy and enjoyment of other portions of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protectAirport, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from will be performed in accordance with all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during Laws. Upon the Term termination of this Lease, at or from Tenant shall surrender the Premises which arises at to County free of any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide and all information, make Hazardous Materials and in compliance with all submissions, and take all steps requires by any governmental authorities having jurisdiction over the PremisesHazardous Materials Laws. Tenant's obligations and the indemnity hereunder This indemnification shall survive the termination or expiration or earlier termination of this Lease. (d) For the purpose of this Section 4.2.4, the term "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 ▇.▇.▇. The term §▇▇▇▇ et seq.), the Hazardous Materials Transportation Act, as used herein shall include any chemicalamended (49 U.S.C. §1801 et seq.), substancethe Resource Conservation and Recovery Act of 1976, as amended (42 ▇.▇.▇. §▇▇▇▇ et seq.), Section 25117 of the California Health & Safety Code, Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or material which has been or is hereafter determined by any other federal, state, or local governmental agency to be capable of posing a risk of injury to environmental laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or public health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasnow in effect or enacted after this date.

Appears in 1 contract

Sources: Airport Hangar Lease

Hazardous Materials. Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant shall agrees not to cause or permit any Hazardous Materials to occur (i) any violation be brought upon, stored, used, handled, generated, released or disposed of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underin, under or about the Premises arising from Tenant's leasehold interest in Premises, the Building, the Common Areas or use or occupancy any other portion of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Development by Tenant, its agents, employees, representativessubtenants, assignees, licensees, contractors or inviteesinvitees (collectively, then "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or sooner termination of this Lease, Tenant shallagrees to promptly remove from the Premises, the Building and the Development, at its own sole cost and expense, prepare any and submit all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the required plansPremises, the Building and/or the Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant shall agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord, its 's partners, officers, directors, beneficiaries, shareholdersemployees, agents, employeessuccessors and assigns (collectively, "Landlord Indemnified Parties") from and lenders harmless from against any and all finesclaims, damages, judgments, suits, procedurescauses of action, claimslosses, liabilities, penalties, fines, expenses and actions costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of every kindclaims, and all costs associated therewith (including investigation costs and attorneys' fees, consultant fees and consultants' feesexpert fees and court costs) arising out of which arise or in any way connected with any deposit, spill, discharge, or other release result from the presence of Hazardous Materials that occurs during on, in, under or about the Term of this LeasePremises, at the Building or from the Premises which arises at any time from Tenant's use or occupancy other portion of the Premises Development and which are caused or from Tenant's failure to provide all information, make all submissions, and take all steps requires permitted by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.Tenant or

Appears in 1 contract

Sources: Office Building Lease (Probusiness Services Inc)

Hazardous Materials. Tenant (A) Lessee agrees that Lessee, its agents and contractors, licensees, or invitees shall not cause handle, use, manufacture, store or permit to occur dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives (icollectively "Hazardous Materials") any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from TenantPremises, without Landlord's leasehold interest prior written consent (which consent may be given or withheld in or Lessor's sole discretion), provided that Lessee may handle, store, use or occupancy dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover, and the Premises includinglike), soil provided further that Lessee shall handle, store, use and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal dispose of any such Hazardous Materials on, under, or about in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or the Building or environment. (B) Without limiting the transportation to or from the Premises or the Building of any Hazardous Materialsabove, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant Lessee shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnifyreimburse, defend, protect, indemnify and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders Lessor harmless from and against any and all finesclaims, suits, procedures, claimslosses, liabilities, damages, costs and actions expenses, including without limitation, loss of every kindrental income, loss due to business interruption, and all costs associated therewith (including investigation costs attorneys fees and attorneys' and consultants' fees) costs, arising out of or in any way connected with any depositthe use, spillmanufacture, dischargestorage, or other release disposal of Hazardous Materials that occurs during by Lessee, its agents or contractors on, under or about the Term Premises including, without limitation, the costs of any required or necessary investigation, repair, cleanup or detoxification and the preparation of any closure or other required plans in connection herewith, whether voluntary or compelled by governmental authority. The indemnity obligations of Lessee under this clause shall survive any termination of the Lease. (C) Notwithstanding anything set forth in this Lease, at Lessee shall only be responsible for contamination of Hazardous Materials or any cleanup resulting directly therefrom, resulting directly from matters occurring or Hazardous Materials deposited (other than by contractors, GG FE [INITIAL HERE] 8 agents or representatives controlled by Lessor) during the Premises Lease term, and any other period of time during which arises at any time from Tenant's use Lessee is in actual or constructive occupancy of the Premises Premises. Lessee shall take reasonable precautions to prevent the contamination of the Premise with Hazardous Materials by third parties. (D) It shall not be unreasonable for Lessor to withhold its consent to any proposed Assignment or Sublease if (i) the proposed Assignee's or Sublessee's anticipated use of the premises involves the generation, storage, use, treatment or disposal of Hazardous Materials; (ii) the proposed Assignee or Sublessee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from Tenantsuch Assignee's failure or Sublessee's actions or use of the property in question; or (iii) the proposed Assignee or Sublessee is subject to provide all information, make all submissions, and take all steps requires an enforcement order issued by any governmental authorities having jurisdiction over authority in connection with the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemicaluse, substancedisposal, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable storage of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gashazardous material.

Appears in 1 contract

Sources: Standard Industrial Lease (International Menu Solutions Corp)

Hazardous Materials. (a) Landlord shall indemnify and hold Tenant shall not cause harmless from any environmental costs relating to conditions existing on or permit to occur before the effective date of this Lease and from the conduct of the Tenant's business during the first twelve (12) months of this lease; provided: (i) any violation Tenant shall operate its business and handle, store and dispose of applicable Laws now or hereafter enacted or issued, related all hazardous materials ("Operation") under the same policies and procedures that the business was operated under during the twelve (12) month period prior to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy effective date of the Premises including, soil and groundwater conditions and this Lease; or (ii) Any change in the useOperation is: (A) Caused by cessation of a portion of the business, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation or (B) Mutually agreed to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products writing by Landlord and cleaning supplies will be used and stored in a manner that complies with all LawsTenant. Tenant shall at its own expense make all submissions to, provide all information required by, allow Landlord to inspect and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materialsaudit the Operations without prior notification. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expensecost, prepare comply with all changes in the Operations: (i) As directed by Landlord in writing which are a result of Landlord's compliance audits or changes in Environmental Laws; or (ii) As directed in writing by any local, state or federal agency. Tenant, at its cost, shall continue maintaining or continue the application process of all permits and submit licenses necessary for the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs Operations (but in no way associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, remediation work) as directed by the Landlord. Tenant's failure to comply with Landlord or other release of Hazardous Materials that occurs during agency directed changes in the Term Operations shall be considered a breach of this Lease, at or from for which the Premises which arises at Landlord shall be entitled to recover its actual damages and any time from Tenantreasonable attorney's use or occupancy of and consulting fees. (b) After the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination initial twelve (12) months of this Lease, Tenant shall comply with all Environmental Laws and shall indemnify and hold Landlord harmless from any Environmental Cost which is different in nature from Pre- Existing Conditions of the Premises, or which is attributable to actions taken by the Tenant after the initial twelve (12) month period and which results in a liability to Landlord and only to the extent it is greater than, or different from, the Landlord's liability for the Pre-Existing Conditions. Nothing in this paragraph 6.03 extends Landlord's obligations to Tenant for any environmental liabilities unrelated to the Premises. (c) The terms "Environmental Costs" and "Environmental Laws" shall have the same definitions as they do in the Purchase and Sale Agreement by and between Alliant Techsystems Inc. and MAC Acquisition I, Inc. dated December 31, 1992. The term Hazardous Materials as used herein "Pre-Existing Conditions" shall include any chemicalmean the soil and ground water contamination in existence on December 31, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials1992, and radon gasthe conditions for which Landlord is responsible during the first twelve (12) months of this Lease under this paragraph 6.03.

Appears in 1 contract

Sources: Industrial Lease (Sypris Solutions Inc)

Hazardous Materials. Tenant shall not cause or permit to occur transport, use, store, maintain, generate, manufacture, handle, dispose, release of discharge any "Hazardous Material" (ias defined below) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, upon or about the Premises arising from Property, nor permit Tenant's leasehold interest in or use or occupancy employees, agents, contractors and other occupants of the Premises includingto engage in such activities upon or about the Property. However, soil the foregoing provisions shall not prohibit the transportation to and groundwater conditions from, and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials onmaintenance and handling within, under, or about the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Building Premises under Article 6), provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises, strictly in accordance with applicable Law and the manufacturers' instructions therefor, (b) such substances shall not be disposed of, released or discharged on the transportation Property. and shall be transported to or and from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies compliance with all applicable Laws. , and as Landlord shall reasonably require, (c) if any applicable law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at its own Tenant's expense make all submissions to, provide all information required byfor such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord), and comply with all requirements shall ensure that disposal occurs frequently enough to prevent unnecessary storage of all governmental authorities under Laws relating to Hazardous Materials. Should such substances in the Premises, and (d) any governmental entity having jurisdiction over the Premises demand that a remediation plan remaining such substances shall be prepared or that remediation be undertaken because of any depositcompletely, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or properly and lawfully removed from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the Property upon expiration or earlier termination of this Lease. The term Hazardous Materials as used herein Tenant shall include promptly notify Landlord of: (i) any chemicalenforcement, substance, cleanup or material which has been other regulatory action taken or is hereafter determined threatened by any federalgovernmental or regulatory authority with respect to the presence of any Hazardous Material on the Premises or the migration thereof from or to other property, state(ii) any demands or claims made or threatened by any party against Tenant or the Premises relating to any loss or injury resulting from any Hazardous Material, (iii) any release, discharge of nonroutine, improper or local governmental agency to be capable unlawful disposal or transportation of posing a risk of injury to health any Hazardous Material on or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materialsfrom the premises, and radon gas.(iv) any matters where Tenant is required by Law to give a notice to any governmental or regulatory authority respecting any Hazardous Material on the Premises. Landlord shall have the

Appears in 1 contract

Sources: Office Lease (Southern Community Bancorp)

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials (as defined below) at, on, in, under, above, or about the Industrial Center: 45.1 Any handling, transportation, release, generation, storage, treatment, disposal, or use of Hazardous Materials by Tenant or its employees, agents, contractors, or invitees after the date hereof at, on, in, under, above, or about the Industrial Center shall strictly comply with all applicable Hazardous Material Laws (as defined below). Tenant shall not cause indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses that result from or permit arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at, on, in, under, above, or about: (i) the Industrial Center; or (ii) the Premises, by Tenant or its employees, agents, contractors, invitees or by third parties. 45.2 If the presence of Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center caused or permitted by Tenant or its employees, agents, contractors, or invitees after the date hereof or (ii) the Premises after the date hereof results in contamination or deterioration of water or soil, resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all action necessary to occur investigate and remediate such contamination if required by law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Industrial Center or any part thereof. Tenant shall further be solely responsible for, and shall defend, indemnify, and hold harmless Landlord and its agents from and against, all claims, costs, and liabilities, including attorneys’ fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Industrial Center or any part thereof to its condition existing prior to the appearance of such Hazardous Materials. 45.3 Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials that relates to the Industrial Center, and (ii) any contamination of the Industrial Center by Hazardous Materials that constitutes a violation of applicable Laws now or hereafter enacted or issuedany Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, related lubricants, and cleaning fluids in order to environmental conditions conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials’ being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises, provided that all such uses shall be conducted at all times in compliance with all Hazardous Materials Laws. At any time during the Lease term, Tenant shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant at, on, in, under, above, or about the Premises arising from Tenant's leasehold interest in or use or occupancy Industrial Center, the nature of such use, and the Premises includingmanner of storage and disposal. 45.4 Landlord may cause testing w▇▇▇▇ to be installed on the Industrial Center, and may cause the soil and groundwater conditions to be tested under and about the Industrial Center, and may inspect the Premises, to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair, and replacement of such w▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts that may give rise to liability of Tenant pursuant to its indemnity given in paragraph 45.1 and/or 45.2 above. 45.5 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the State of Minnesota, or the United States Government. The term “Hazardous Material” includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance that is (i) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (ii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the Minnesota Pollution Control Agency, and the Minnesota Department of Health) which regulates the use, generationstorage, release, manufacturehandling, refiningtransportation, productiongeneration, processing, storagetreatment, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasMaterial.

Appears in 1 contract

Sources: Lease Agreement (Wireless Ronin Technologies Inc)

Hazardous Materials. Tenant shall not cause use or permit allow another person or entity to occur use any part of the Leased Premises for the storage, use, treatment, manufacture or sale of "Hazardous Material," as that term is defined herein. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state in which the Building is located or the United States Government, including, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance" or "hazardous material" under any violation applicable federal, state or local law or administrative code promulgated thereunder, (ii) petroleum, or (iii) asbestos. Hazardous Material shall not include copier toner or normal cleaning supplies. Tenant shall notify Landlord immediately after Tenant becomes aware of applicable Laws now or hereafter enacted or issuedthe release of any Hazardous Material in, related to environmental conditions on, under, on or about the Premises arising Real Property. In addition, Tenant agrees to indemnify, defend, protect and hold Landlord harmless from Tenant's leasehold and against any and all claims, actions, administrative proceedings, judgments, damages, punitive damages, penalties, fines, costs, liabilities, interest or losses, including reasonable attorneys' fees and expenses, consultant fees, and expert fees, together with all other costs and expenses of any kind or nature, that arise during or after the Lease Term directly or indirectly from or in connection with the presence, suspected presence, release or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal suspected release of any Hazardous Materials in or into the air, soil, surface water or groundwater at, on, underabout, under or about within the Premises or the Building Real Property or the transportation to or from the Premises or the Building of any Hazardous Materialsportion thereof, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of caused by Tenant, its assignees or subtenants and/or their respective agents, employees, representativescontractors, licensees or invitees. In addition, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall Landlord agrees to indemnify, defend, protect, protect and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders Tenant harmless from and against any and all claims, actions, administrative proceedings, judgments, damages, punitive damages, penalties, fines, suits, procedures, claimscosts, liabilities, interest or losses, including reasonable attorneys' fees and actions of every kindexpenses, consultant fees, and expert fees, together with all costs associated therewith (including investigation other costs and attorneys' and consultants' fees) arising out expenses of any kind or nature, that arise during or after the Lease Term directly or indirectly from or in any way connected connection with any depositthe presence, spillsuspected presence, discharge, release or other suspected release of any Hazardous Materials that occurs during in or into the Term of this Leaseair, at soil, surface water or from the Premises which arises at any time from Tenant's use groundwater at, on, about, under or occupancy of within the Premises or from Tenant's failure to provide all informationReal Property or any portion thereof, make all submissionscaused by Landlord or its agents, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration employees or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gascontractors.

Appears in 1 contract

Sources: Office Lease (United Western Bancorp Inc)

Hazardous Materials. The term “Hazardous Substances”, as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that no activity will be conducted on the Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Tenant’s business activities (the “Permitted Activities”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord (Landlord hereby consents common operational tasks such as changing toners and replacing batteries); Tenant shall not cause or permit to occur (i) be responsible for obtaining any violation of applicable Laws now or hereafter enacted or issuedrequired permits and paying any fees and providing any testing required by any governmental agency in connection with such Permitted Activities. Should it be determined, related to environmental conditions onin Landlord’s reasonable opinion, underthat said Permitted Materials are being improperly stored, used, or about disposed of, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within twenty-four (24) hours, Landlord shall have the Premises right to perform such work and Tenant shall promptly reimburse Landlord for any and all costs associated with said work. Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any managing agents and leasing agents of the Premises, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal as a result of any Hazardous Materials on, under, or about the Premises or Substances being brought into the Building or the transportation to Premises by Tenant or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativesor contractors. Landlord will indemnify, defend and hold Tenant harmless from and against any claim, cost, damage, expense (including without limitation reasonable attorneys' fees and costs of defense but excluding indirect or consequential damages), loss, liability, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions judgment now or hereafter arising as a result of every kind, and all costs any claim associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, required clean-up or other actions arising from the existence, release or threatened release of Hazardous Materials Substances on, in or under the Premises, to the extent not introduced or aggravated by the act or neglect of Tenant or Tenant’s agents, employees or contractors, that occurs during is either (i) released by Landlord or its agents, employees or contractors, or (ii) accruing prior to the Term Commencement Date. The foregoing indemnifications and the responsibilities of Tenant and Landlord shall survive the termination or expiration of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Office Lease (Dynavax Technologies Corp)

Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to occur (i) any violation be brought upon, stored, used, generated, released into the environment or disposed of applicable Laws now or hereafter enacted or issuedin, related to environmental conditions on, under, under or about the Premises arising from Premises, the Building, the Common Areas or any other portion of the Project by Tenant's leasehold interest , its agents, employees, contractors or invitees, without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Landlord, in the sole and absolute discretion, may consent to Tenant’s generation, storage or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials on or in the Premises provided Tenant demonstrates to Landlord, in its sole and absolute judgment, that such Hazardous Materials (in incidental quantities) are commonly used in office products necessary to or are present in ordinary cleaning supplies. All such office products required as part of Tenant’s business and cleaning supplies will be used and generated, used, kept, stored and/or disposed of in a manner that complies with all Lawslaws regulating any such Hazardous Materials and with good business practices and provided ___ _____ __ _________ the written consent of Landlord, and provided further the Tenant indemnifies Landlord form any and all liability with respect to such Hazardous Materials as more particularly described below. Upon the expiration or sooner termination of this Lease, Tenant shall covenants to remove form the Premises, the Building and/or the Project, at its own sole cost and expense make any and all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should , including any governmental entity having jurisdiction over equipment or systems containing Hazardous Materials, which are brought upon, stored, used, generated or released into the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of environment by Tenant, its agents, employees, representatives, contractors or invitees. To the fullest extent permitted by law, then Tenant shall, at its own expense, prepare hereby indemnifies Landlord and submit the required plans. Tenant shall indemnify, defend, protect, and agrees to hold Landlord, the Premises, the Building and the Project free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in the value of the Premises or the Project, damages for the loss or restriction or use of rentable of usable space or of any amenity of the Premises, the Building, the Common Areas or any other portion of the Project, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term directly or indirectly form the presence of Hazardous Materials on, in or about the Premises, the Building or any other portion of the Project which is caused or permitted by Tenant, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all finescontractors or invitees. This indemnification in the foregoing sentence by Tenant of Landlord includes, suitswithout limitation, procedures, claims, liabilities, and actions of every kind, any and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or incurred in any way connected connection with any depositinvestigation of site conditions or any clean up, spillremedial, dischargeremoval or restoration work required by any federal, state or other local governmental agency or political subdivision because of the presence of such Hazardous Materials in, on or about the Premises, the Building, the Common Areas or the soil or ground water on or under the Project or any portion thereof. Tenant shall promptly notify Landlord of any release of Hazardous Materials that occurs in, on or about the Premises or any other portion of the Project which Tenant becomes aware of during the Term of this Lease, at whether caused by Tenant or from any other persons or entities. As used in this Lease, the Premises which arises at term “Hazardous Materials” shall mean and include any time from Tenant's use hazardous or occupancy toxic materials, substances or wastes including (A) those materials identified in Sections 66680 through 66685 and Sections 66693 through 66740 of Title 22 of the Premises California Administrative Code, Division 4, Chapter 30, as amended from time to time, (B) those materials defined in Section 2550 (1) of the California Health and Safety code, (C) any materials, substances or from Tenant's failure to provide all informationwastes which are toxic, make all submissionsignitable, corrosive or reactive and which are regulated by any local governmental authority, any agency of the State of California or any agency of the United States Government, (D) asbestos, (E) petroleum and petroleum based products, (F) urea formaldehyde foam insulation, (G) polychlorinated biphenyis (“PCBs”), and take all steps requires by any governmental authorities having jurisdiction over the Premises(H) ▇▇▇▇▇ and other chlorofluorocarbons. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.* *See Addendum Paragraph 7

Appears in 1 contract

Sources: Office Lease (Placer Sierra Bancshares)

Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant's or permit Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a "Tenant Party" and collectively, "Tenant's Parties") to occur cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building or the Property, without Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent, in compliance with all Applicable Laws, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Permitted Use, so long as such use is not a Reportable Use (as hereinafter defined) and does not, in Landlord’s good faith and reasonable business judgment, expose the Premises, the Building or the Project, or any part thereof, or neighboring properties to any risk of contamination or damage or, in Landlord’s good faith and reasonable business judgment, expose Landlord to the possibility of any liability therefor; provided, that, for the sake of clarity, Tenant need not provide written notice to Landlord of Tenant’s use and storage of routine office and janitorial supplies so long as they are stored in usual and customary quantities, and stored, used and disposed of in accordance with all applicable Environmental Laws. In exercising its good faith and reasonable business judgment as described in the preceding sentence, Landlord agrees that it will make its determinations as to whether Hazardous Materials for which Tenant seeks Landlord’s consent expose the Premises, the Building or the Project, or any part thereof, or neighboring properties to any risk of contamination or damage, or expose Landlord to the possibility of any liability therefor in substantially the same manner and using substantially the same criteria as Landlord employs in making such determinations for comparable industrial tenants occupying comparable properties owned by Landlord and/or its affiliates. In addition, Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of Hazardous Materials by Tenant upon Tenant’s giving Landlord such additional assurances as Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and the environment against damage, contamination or injury and/or liability therefor, including but not limited to the installation (and, at Landlord’s option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises and/or the deposit of a security deposit. For purposes of this provision, the term “Reportable Use” shall mean (i) the installation or use of any violation above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of applicable Laws now a prohibited or hereafter enacted or issuedrestricted Hazardous Material listed on Exhibit M to this Lease, related to environmental conditions onand (iii) the presence in, under, on or about the Premises arising from Tenant's leasehold interest in of a Hazardous Material with respect to which any applicable laws require that a notice be given to persons entering or use or occupancy of occupying the Premises including(provided that the presence in, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, on or about the Premises of a Hazardous Material with respect to which any Applicable Laws require that a notice be given to persons entering or the Building or the transportation to or from occupying the Premises shall not be a Reportable Use so long as Tenant provides all such required notices). In no event shall Tenant use or store any of the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Lawsprohibited materials listed on Exhibit M to this Lease. Tenant shall at its own expense make all submissions tonot install, provide all information required byoperate or maintain any above or below grade tank, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any depositsump, spillpit, dischargepond, lagoon or other release of Hazardous Materials that occurs during the Term of this Lease at storage or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.treatment vessel or

Appears in 1 contract

Sources: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)

Hazardous Materials. Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink, common household cleaning materials, medical supplies and medical waste stored, used, handled, and disposed of in compliance with all applicable laws and or regulations (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant shall agrees not to cause or permit any Hazardous Materials to occur (i) any violation be brought upon, stored, used, handled, generated, released or disposed of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underin, under or about the Premises arising from Tenant's leasehold interest in Premises, the Building, the Common Areas or use or occupancy any other portion of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Project by Tenant, its agents, employees, representativespermitted subtenants, permitted assignees, permitted licensees, contractors or inviteesinvitees (collectively, then ‘‘Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or earlier termination of this Lease, Tenant shallagrees to promptly remove from the Premises, the Building and the Project, at its own expensesole cost and expense and in compliance with all applicable requirements, prepare any and submit all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the required plansPremises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. To the fullest extent permitted by law, Tenant shall agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord’s members, its partnersand their respective members, officers, directors, beneficiaries, shareholdersemployees, agents, employeessuccessors and assigns (collectively, “Landlord Indemnified Parties”) from and lenders harmless from against any and all finesclaims, damages, judgments, suits, procedurescauses of action, claimslosses, liabilities, penalties, fines, expenses and actions costs (including, without limitation, investigation, monitoring, clean-up, removal, remediation and restoration costs, sums paid in settlement of every kindclaims, reasonable attorneys’ fees, consultant fees and all costs associated therewith (including investigation costs expert fees and attorneys' court costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Project and consultants' fees) arising out which are caused or permitted by Tenant or any of or in Tenant’s Parties. Tenant agrees to promptly notify Landlord of any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs at the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease, at whether caused or from permitted by Tenant, Tenant’s Parties or any other persons or entities. In the Premises which arises at event of any time from release of Hazardous Materials caused or permitted by Tenant or any of Tenant's use or occupancy of ’s Parties, Landlord shall have the Premises or from Tenant's failure right, but not the obligation, to provide all information, make all submissions, and cause Tenant to immediately take all steps requires by Landlord deems necessary or appropriate to investigate or remediate such release and prevent any governmental authorities having jurisdiction over similar future release to the Premisessatisfaction of Landlord and Landlord’s mortgagee(s). Tenant's obligations and At all times during the indemnity hereunder Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. The provisions of this Subsection shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Office Lease Agreement

Hazardous Materials. Tenant Landlord shall not cause indemnify, defend, protect, save, hold harmless, and reimburse Tenant, its partners, officers, directors and employees for, from and against any and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or permit to occur incident to, the production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Hazardous Materials (idefined below) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, on or about the Premises arising Project by Landlord, its officers, employees, agents (in their capacity as agents) and/or independent contractors (in their capacity and independent contractors), including, without limitation, the effects of handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Tenant's leasehold interest in negligence or use or the handling by Tenant during Tenant's occupancy of the Premises includingof any Permitted Materials (as hereinafter defined) and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, soil and groundwater conditions which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and (ii) exercising jurisdiction over the Project. Tenant shall not use, generation, releasegenerate, manufacture, refiningstore or dispose of, production, processing, storage, or disposal of any Hazardous Materials on, under, on or about the Premises Premises, or the Building or the transportation transport to or from the Premises Premises, 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 Building definition of "hazardous substances" under any applicable federal, state or local law, regulation or ordinance (collectively, "Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans"). Tenant shall indemnify, defend, protect, save, hold harmless, and hold reimburse Landlord, its partners, officers, directorsdirectors and employees for, beneficiariesfrom and against any and all costs, shareholderslosses, agentsliabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or incident to, the production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Hazardous Materials on or about the Project by Tenant, its officers, employees, agents and/or independent contractors, including, without limitation, the effects of such handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Landlord's negligence or the handling by Landlord of any Permitted Materials and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and lenders harmless from all fineswhich prompt the initiation of a removal, suitsresponse, proceduresremedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. In addition, claimsin the event an action, lawsuit or proceeding is brought against Tenant as a result of the improper use, generation, manufacturing, storage or disposal of Hazardous Materials affecting only the Premises (as opposed to the Project as a whole) as a result of the acts or omissions of a prior Tenant in the Premises (a "Premises Hazardous Materials Event"), and further provided that Tenant has in no way caused or contributed to the Premises Hazardous Materials Event, then Landlord shall, at Landlord's sole cost and expense, retain counsel chosen by Landlord and defend Tenant in any such lawsuit, action or proceeding. In such event, Landlord's responsibility to Tenant shall be limited to the costs of defending Tenant in any such lawsuit, action or proceeding, and Landlord shall not be responsible for any other costs, losses, liabilities, damages, assessments, deficiencies, demands, claims and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of expenses incurred by or in against Tenant or resulting from any way connected with any deposit, spill, discharge, or other release of such Premises Hazardous Materials that occurs during the Term of this LeaseEvent (including, at but not limited to, any fines or from the penalties assessed against Tenant in connection with such Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasEvent).

Appears in 1 contract

Sources: Office Lease Agreement (Marketfirst Software Inc)

Hazardous Materials. Tenant warrants and represents to Landlord and any mortgagee of Landlord that Tenant shall (i) not cause or permit any Hazardous Material to occur exist on or be discharged from the Premises by Tenant, its agents or employees except as for any Hazardous Material used in the ordinary course of Tenant's business; (iii) promptly pay any violation of applicable Laws now claim against Landlord or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal out of any such Hazardous Materials on, under, Material existing on or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or discharged from the Premises which would result in a charge or lien upon the Premises; (iii) remove any such charge or lien upon the Premises; and (iv) indemnify and hold harmless the Landlord and any mortgagee of Landlord's interest in the Premises (collectively called the "Indemnities") from and against any and all losses, liability, suits, obligations, fines, damages, judgments, penalties, claims, charges, costs and expenses (including without limitation all reasonable fees and disbursements of counsel and consultants) which may be suffered or incurred by or asserted against, an Indemnitee and which arises at directly or indirectly out of or in connection with a violation of this Section. Tenant's obligation pursuant to (i), (ii), (iii) and (iv) above shall survive the Expiration Date for a period of one (1) year. Tenant shall notify Landlord of any time Hazardous Material except for those used in the ordinary course of Tenant's business that exists on or is discharged from the Premises within ten (10) days after Tenant first has knowledge of such existence or discharge. Reference to Hazardous Materials used in the ordinary course of Tenant's business means Tenant's use or occupancy of the Premises for general office use and for no other purpose. Nothing herein is intended nor shall it be construed as imposing any environmental liability upon Tenant for any Hazardous Material existing on or discharged from acts or omissions of the Premises not caused by Tenant, its agents, employees, representativeslicensees, guests, invitees, sublessees, or inviteesassigns, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant Landlord shall indemnify, defenddefend and save harmless Tenant from and against any and all losses, protectliability, suits, obligations, fines, damages, judgments, penalties, claims, charges, costs and hold Landlordexpenses (including without limitation all reasonable fees and disbursements of counsel and consultants) which may be suffered or incurred by or asserted against Tenant and which arise directly or indirectly out of or in connection with any Hazardous Material existing on or discharged from the Premises which occurs prior to, during or after the term of this Lease and which is not caused by Tenant, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fineslicensees, suitsguests, proceduresinvitees, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, dischargesublessees, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasassigns.

Appears in 1 contract

Sources: Sublease (Exult Inc)

Hazardous Materials. Tenant shall not cause permit the emission, release, threat of release or permit other escape of any Hazardous Materials so as to occur (i) adversely affect in any violation manner, even temporarily, any element or part of applicable Laws now the Leased Property. Tenant shall not use, generate, store or hereafter enacted or issued, related to environmental conditions on, under, dispose of Hazardous Materials in or about the Premises arising from Tenant's leasehold interest Leased Property, or dump, flush or in any way introduce Hazardous Materials into sewage or use other waste disposal systems serving the Leased Property (nor shall Tenant permit or occupancy suffer any of the Premises includingforegoing), soil in any manner not in full compliance with all applicable federal, state and groundwater conditions local statutes, laws, codes, ordinances, by-laws, rules and (ii) regulations for the use, generation, releasestorage and disposal of Hazardous Materials. Tenant will indemnify, manufacturedefend and hold Landlord harmless from and against all claims, refiningloss, productioncosts and expenses (including, processingwithout limitation, storagereasonable attorneys' fees and disbursements, diminution in the value of the Leased Property, costs incurred in connection with any investigation of site conditions or disposal any clean-up or remedial work required by any federal, state or local governmental agency) incurred as a result of any breach of Tenant's covenants in the first paragraph of this Section by Tenant or Tenant's contractors, licensees, invitees, agents, servants or employees. Without limiting the foregoing, if the presence of any Hazardous Materials onin, under, on or about under the Premises Leased Property caused or permitted by Tenant results in any contamination of the Leased Property or the Building or Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the transportation Leased Property to or from the Premises or condition existing prior to the Building introduction of any such Hazardous MaterialsMaterial by Tenant, except de minimis amounts provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Property. Landlord will indemnify, defend and hold harmless Tenant from and against all claims, loss, cost and expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by Tenant as a result of Hazardous Materials that are commonly used in office products existing in, on or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. under the Leased Property as of the Commencement Date; however, Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements have the burden of all governmental authorities proof to establish that such Hazardous Material was present on or under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy Leased Property as of the Premises or from acts or omissions Commencement Date. The obligations of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or Landlord in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Section shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include Lease and any chemicaltransfer of title to the Leased Property, substancewhether by sale, foreclosure, deed in lien of foreclosure or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasotherwise.

Appears in 1 contract

Sources: Lease (Phoenix Md Realty LLC)

Hazardous Materials. Tenant shall not cause or permit to occur a. Except for (i) any violation ordinary and general office supplies typically used in the ordinary course of applicable Laws now business, including but not limited to copier toner, liquid paper, glue, ink, and common household or hereafter enacted or issuedoffice cleaning materials, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) products which are necessary and customary in the useconduct of Licensee’s business in accordance with Licensee’s Permitted Use, generation, release, manufacture, refining, production, processing, storage, or disposal all of which shall be b. Licensee shall promptly notify Licensor in writing (and provide Licensor with copies) when (and if) Licensee first receives written notice of any Hazardous Materials onproceedings, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, proceduresactions, claims, liabilitiesnotices, and actions of every kinddemands, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) reports or asserted violations arising out of or in any way connected connection with any deposit, spill, dischargethe presence of Hazardous Materials, or other release any actual or alleged violations of any Hazardous Material Laws, at, on, under or in the Premises. c. In the event Hazardous Materials are discovered in, under or on the Premises from and after the Effective Date due to any act or omission of Licensee or Licensee’s Agents which is (a) negligent, (b) unlawful, or (c) in violation of Licensee’s obligations pursuant to this License, Licensee shall promptly, at its sole risk and expense, commence to perform, and diligently prosecute to completion, all work necessary or required to remove, treat, dispose of and clean up the Hazardous Materials and return the Premises to the condition existing prior to the contamination by the Hazardous Materials. All such remediation shall be approved by Licensor and shall be performed to its reasonable satisfaction to the extent required by and in accordance with all applicable Hazardous Materials Laws. d. Licensee shall save, defend, indemnify and hold harmless Licensor and Licensor’s Indemnitees from and against any and all liabilities, actions, demands, penalties, losses, costs and expenses which may be paid, incurred or suffered by or asserted against Licensor or any of Licensor’s Indemnitees as a result of the presence on or under the Premises of Hazardous Materials, or the Release (hereafter defined) of any Hazardous Materials at the Premises, which such presence or Release is in violation of Licensee’s obligations pursuant to this License. Notwithstanding the foregoing, or anything to the contrary contained elsewhere in this License, the foregoing indemnification shall not include the presence or Release of any Hazardous Materials in, on or under the Premises prior to the Effective Date. Notwithstanding anything to the contrary herein, Licensee shall have no liability or obligations hereunder with respect to any Hazardous Materials existing in, on or under the Premises on or prior to the Effective Date including without limitation, for the worsening after the Effective Date of any Hazardous Materials that occurs during the Term of this Lease, at existed in on or from under the Premises which arises at prior the Effective Date or any time from Tenant's use conditions associated therewith, unless the worsening of any such condition is caused by Licensee or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasLicensee’s Agents.

Appears in 1 contract

Sources: License to Occupy

Hazardous Materials. Except as otherwise provided herein, Tenant shall keep or cause the Demised Premises to be kept free of Hazardous Materials (hereinafter defined). Without limiting the foregoing, Tenant shall not cause or permit the Demised Premises to occur be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials in contravention to, or in amounts greater than permitted by, applicable law, nor shall Tenant cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant or any person or entity claiming through or under Tenant or any of their employees, contractors, agents, visitors or licensees (collectively, "Related Parties"), a release of Hazardous Materials onto the Demised Premises or onto any other property. Tenant shall comply with and ensure compliance by all Related Parties with all applicable Federal, State and Local laws, ordinances, rules and regulations, whenever and by whomever triggered (including, without limitation, any regular testing regimes required by law; which testing, Landlord shall have the option to perform at Tenant's sole cost and expense), and shall obtain and comply with, and ensure that all Related Parties obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (i) conduct and complete all investigations, studies, samplings, and testing, and all remedial removal and other actions necessary to clean up and remove such Hazardous Materials, on, from, or affecting the Demised Premises which were introduced by Tenant or Related Parties (a) in accordance with all applicable Federal, State and Local laws, ordinances, rules, regulations, policies, orders and directives, and (b) to the reasonable satisfaction of Landlord, and (ii) defend, indemnify, and hold harmless Landlord, its employees, agents, officers, members, partners, principals and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (a) the presence, disposal, release, or threatened release of such Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise through or on account of Tenant or Related Parties; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials through or on account of Tenant or Related Parties; (c) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials through or on account of Tenant or Related Parties; and/or (d) any violation of applicable Laws now laws, orders, regulations, requirements, or hereafter enacted demands of government authorities, or issuedany policies or requirements of Landlord, which are based upon or in any way related to environmental conditions onsuch Hazardous Materials through or on account of Tenant or Related Parties, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil without limitation, reasonable attorney and groundwater conditions consultant fees, investigation and (ii) the uselaboratory fees, generationcourt costs, release, manufacture, refining, production, processing, storage, and litigation expenses. Tenant shall immediately notify Landlord in writing of any actual or disposal threatened release of any Hazardous Materials on, under, in or about the Demised Premises, including notification to Landlord if Tenant receives any notice or requests for inspection or information from any Federal, State or local official or agency which pertains to Hazardous Materials. Copies of all reports, notices, correspondence, and other documents received from or submitted to governmental authorities, and of all technical data, test results, expert opinions and other materials generated in connection with the contamination or other response or remedial activities, shall be provided to all parties to this lease. In the event this lease is terminated, or Tenant is dispossessed, Tenant shall deliver the Demised Premises or the Building or the transportation to or from the Premises or the Building Landlord free of any and all Hazardous MaterialsMaterials so that the conditions of the Demised Premises shall conform with all applicable Federal, except de minimis amounts State and Local laws, ordinances, rules or regulations affecting the Demised Premises. In the event that Landlord has a good faith belief that there has been a release of Hazardous Materials for which Tenant is responsible hereunder, Landlord shall have the right to engage an environmental engineering or consulting firm to conduct an inspection of the Real Property and Demised Premises at Tenant's sole cost and expense. Tenant shall reimburse Landlord for the reasonable cost of any such inspection as well as the actual, out-of-pocket cost of any clean-up and testing performed pursuant thereto with respect to Hazardous Materials for which Tenant is responsible hereunder. For purposes of this paragraph, "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, State or Local environmental law, ordinance, rule, or regulation. Tenant specifically acknowledges and agrees that it shall be and remain responsible for any Hazardous Materials existing at the Demised Premises as of the date hereof, as more particularly described in that certain Phase I Environmental Site Assessment prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, Inc., dated September 7, 2011, and in that certain Stormwater Drywell Investigation and Sampling Report prepared by ▇▇▇▇▇▇ Technical Services, Inc., dated October 21, 2011. In no event shall Tenant be responsible or liable for Hazardous Materials introduced to the Demised Premises by Landlord, Landlord's agents or contractors or any other tenants or occupants of any part of the Real Property (other than an assignee or subtenant of Tenant). Notwithstanding anything to the contrary contained herein, Tenant may, in the normal and customary operation of its business, maintain and use in the Demised Premises certain commercially reasonable amounts of the chemicals and other substances set forth on Exhibit "C" of this lease, as same may be updated from time to time by Tenant (with any such updates being subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed), provided that (i) such materials and other substances are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies compliance with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byapplicable laws, and comply (ii) the indemnification obligations of Tenant set forth in this Paragraph 57 shall apply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare full force and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premiseseffect thereto. Tenant's obligations and the indemnity hereunder under this Paragraph 57 shall survive the expiration or earlier termination of the term of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gaslease.

Appears in 1 contract

Sources: Lease Agreement (Standard Microsystems Corp)

Hazardous Materials. Except as otherwise provided herein, Tenant shall keep or cause the Demised Premises to be kept free of Hazardous Materials (hereinafter defined). Without limiting the foregoing, Tenant shall not cause or permit the Demised Premises to occur be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials in contravention to, or in amounts greater than permitted by, applicable law, nor shall Tenant cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant or any person or entity claiming through or under Tenant or any of their employees, contractors, agents, visitors or licensees (collectively, "Related Parties"), a release of Hazardous Materials onto the Demised Premises or onto any other property. Tenant shall comply with and ensure compliance by all Related Parties with all applicable Federal, State and Local laws, ordinances, rules and regulations, whenever and by whomever triggered (including, without limitation, any regular testing regimes required by law; which testing, Landlord shall have the option to perform at Tenant's sole cost and expense), and shall obtain and comply with, and ensure that all Related Parties obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (i) conduct and complete all investigations, studies, samplings, and testing, and all remedial removal and other actions necessary to clean up and remove such Hazardous Materials, on, from, or affecting the Demised Premises which were introduced by Tenant or Related Parties (a) in accordance with all applicable Federal, State and Local laws, ordinances, rules, regulations, policies, orders and directives, and (b) to the reasonable satisfaction of Landlord, and (ii) defend, indemnify, and hold harmless Landlord, its employees, agents, officers, members, partners, principals and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (a) the presence, disposal, release, or threatened release of such Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise through or on account of Tenant or Related Parties; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials through or on account of Tenant or Related Parties; (c) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials through or on account of Tenant or Related Parties; and/or (d) any violation of applicable Laws now laws, orders, regulations, requirements, or hereafter enacted demands of government authorities, or issuedany policies or requirements of Landlord, which are based upon or in any way related to environmental conditions onsuch Hazardous Materials through or on account of Tenant or Related Parties, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil without limitation, reasonable attorney and groundwater conditions consultant fees, investigation and (ii) the uselaboratory fees, generationcourt costs, release, manufacture, refining, production, processing, storage, and litigation expenses. Tenant shall immediately notifY Landlord in writing of any actual or disposal threatened release of any Hazardous Materials on, under, in or about the Demised Premises, including notification to Landlord if Tenant receives any notice or requests for inspection or information from any Federal, State or local official or agency which pertains to Hazardous Materials. Copies of all reports, notices, correspondence, and other documents received from or submitted to governmental authorities, and of all technical data, test results, expert opinions and other materials generated in connection with the contamination or other response or remedial activities, shall be provided to all parties to this lease. In the event this lease is terminated, or Tenant is dispossessed, Tenant shall deliver the Demised Premises or the Building or the transportation to or from the Premises or the Building Landlord free of any and all Hazardous MaterialsMaterials so that the conditions of the Demised Premises shall conform with all applicable Federal, except de minimis amounts State and Local laws, ordinances, rules or regulations affecting the Demised Premises. In the event that Landlord has a good faith belief that there has been a release of Hazardous Materials for which Tenant is responsible hereunder, Landlord shall have the right to engage an environmental engineering or consulting firm to conduct an inspection of the Real Property and Demised Premises at Tenant's sole cost and expense. Tenant shall reimburse Landlord for the reasonable cost of any such inspection as well as the actual, out-of-pocket cost of any clean-up and testing performed pursuant thereto with respect to Hazardous Materials for which Tenant is responsible hereunder. For purposes of this paragraph, "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, State or Local environmental law, ordinance, rule, or regulation. Tenant specifically acknowledges and agrees that it shall be and remain responsible for any Hazardous Materials existing at the Demised Premises as of the date hereof, as more particularly described in that certain Phase I Environmental Site Assessment prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, Inc., dated September 7, 2011, and in that certain Stormwater Drywell Investigation and Sampling Report prepared by ▇▇▇▇▇▇ Technical Services, Inc., dated October 21, 2011. In no event shall Tenant be responsible or liable for Hazardous Materials introduced to the Demised Premises by Landlord, Landlord's agents or contractors or any other tenants or occupants of any part of the Real Property (other than an assignee or subtenant of Tenant). Notwithstanding anything to the contrary contained herein, Tenant may, in the normal and customary operation of its business, maintain and use in the Demised Premises certain commercially reasonable amounts of the chemicals and other substances set forth on Exhibit "C" of this lease, as same may be updated from time to time by Tenant (with any such updates being subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed), provided that (i) such materials and other substances are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies compliance with all Laws. Tenant shall at its own expense make all submissions to, provide all information required byapplicable laws, and comply (ii) the indemnification obligations of Tenant set forth in this Paragraph 57 shall apply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare full force and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premiseseffect thereto. Tenant's obligations and the indemnity hereunder under this Paragraph 57 shall survive the expiration or earlier termination of the term of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gaslease.

Appears in 1 contract

Sources: Lease Agreement (Standard Microsystems Corp)

Hazardous Materials. Tenant Lessee shall not cause generate, store, handle or permit to occur (i) dispose of any violation of applicable Laws now or hereafter enacted or issuedHazardous Material in, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest Lot without the prior written consent of Lessor, which may be withheld in Lessor’s sole discretion, except that such consent shall not be required to the extent of Hazardous Material packaged and contained in office products for consumer use in general business offices in quantities for ordinary day-to-day use provided such use does not give rise to, or use pose a risk of, exposure to or occupancy release of Hazardous Material, or violate any local, state or federal statutes, ordinances, orders, rules or regulations (as interpreted by judicial and administrative decisions). Lessor shall have the Premises includingright at all times during the term of this Lease to (i) inspect the Premises, soil and groundwater conditions and (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises: the cost of all such inspections, tests and investigations to be borne by Lessee if Lessor reasonably believes they are necessary. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of’ Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, sublessees, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, sublessees, customers or contractors at Lessee’s cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor’s written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor’s written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to. attorneys and consultant fees) arising from or related to the use, generationpresence, release, manufacture, refining, production, processingtransportation, storage, disposal, spill, release or disposal discharge of any Hazardous Materials on, under, on or about the Premises or caused by the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of TenantLessee, its agents, employees, representatives, or invitees, then Tenant shalllicensees, at its own expensesublessees, prepare and submit customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release Premises for the storage of Hazardous Materials that occurs during without the Term express written consent of Lessor. which may be given or withheld in Lessor’s sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum. (iii) asbestos; (iv) polychlorinated biphenyls: and (v) radioactive materials. The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder paragraph shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Sublease Agreement (Artisan Components Inc)

Hazardous Materials. Tenant (A) No Hazardous Materials, as defined herein, shall not cause he Handled, as also defined herein, upon, about, above or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about beneath the Premises or any portion of the Building by or the transportation to on behalf of Tenant, its subtenants or from the Premises its assignees, or the Building of any their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials so Handled shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, except de minimis amounts normal quantities of those Hazardous Materials that are commonly customarily used in the conduct of general administrative and executive office products or are present in ordinary activities (e.g., copier fluids and cleaning supplies. All such office products and cleaning supplies will ; may be used and stored at the Premises without Landlord's prior written consent, but only in a manner that complies compliance with all applicable Environmental Laws. , as defined herein. (B) Notwithstanding the obligation of Tenant shall at its own expense make all submissions toto indemnify Landlord pursuant to this Lease, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own sole cost and expense, prepare and submit the promptly take all actions required plansby any federal, state or local governmental agency or political subdivision. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's necessary for Landlord to make full economic use or occupancy of the Premises or any portion of the Building, which requirements or necessity arises from the Handling of Tenant's failure to provide all informationHazardous Materials upon, make all submissionsabout, above or beneath the Premises or any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all steps requires actions necessary to restore the Premises or any portion of the Building to the condition required under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any governmental authorities having jurisdiction over portion of the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasBuilding.

Appears in 1 contract

Sources: Office Lease Agreement (Mypoints Com Inc)

Hazardous Materials. Neither Tenant nor any of its employees, agents, invitees, licensees, contractors, representative or any other person or entity for whom Tenant is responsible (collectively, “Tenant’s Agents”) shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generationmaintain, releasegenerate, manufacture, refining, production, processing, storage, allow or disposal of any Hazardous Materials on, under, or about bring on the Premises or the Building Property or the transportation to transport or dispose of, on or from the Premises or the Building Property (whether into the ground, into any sewer or septic system, into the air, by removal off‑site or otherwise) any Hazardous Matter (as hereinafter defined) without Landlord’s consent. Tenant shall promptly deliver to Landlord copies of any notices, orders or other communications received from any governmental agency or official affecting the Premises and concerning alleged violations of the Environmental Requirements (hereinafter defined). Any Hazardous Matter in the Premises, and all containers therefore, shall be used, kept, stored and disposed of in conformity with all applicable Laws and Restrictions. Tenant shall save Landlord (together with its officers, directors, stockholders, partners, beneficial owners, trustees, managers, members, employees, agents contractors, and mortgagees) harmless and indemnified from and against any and all Environmental Damages (hereinafter defined) which the indemnified parties may sustain or be put to on account of: (1) the presence or release of any Hazardous MaterialsMatter upon, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at during the Term and during any time from period when Tenant's use , or occupancy of Tenant’s Agents, are occupying the Premises or from acts any part thereof, caused by Tenant or omissions of Tenant, its agents, employees, representatives, ’s Agents; (2) the presence or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of any Hazardous Materials that occurs during the Term of this LeaseMatter upon, at in or from the Premises which arises at any time from Property caused by the act, omission or default of Tenant or Tenant's use ’s Agents; (3) the activities or occupancy other action or inaction of the Premises Tenant or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination ’s Agents in violation of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.Environmental Requirements; and

Appears in 1 contract

Sources: Office Lease Agreement (Valeritas Holdings Inc.)

Hazardous Materials. a. Throughout the Term, Tenant and its employees, agents, invitees, licensees or contractors shall not cause cause, permit or permit allow any substances, chemicals, materials or pollutants (whether solid, liquid or gaseous) deemed to occur (i) be toxic or hazardous or the manufacture, storage, transport or disposal of which is regulated, governed, restricted or prohibited by any violation of applicable Laws now federal, state or hereafter enacted local agency or issuedauthority, or under any federal, state or local law, ordinance, rule or regulation related to environmental conditions the environment, health or safety (collectively, the “Environmental Laws”), including, without limitation, any oil, gasoline, petroleum, petroleum by-products, asbestos or asbestos containing materials (collectively, the “Hazardous Materials”), to be handled, placed, stored, dumped, dispensed, released, discharged, deposited, manufactured, generated, treated, processed, used, transported or located on, underin, under or about the Premises arising Premises. Upon the expiration or earlier termination of this Lease, Tenant, at Tenant’s expense, shall remove all Hazardous Materials from Tenant's leasehold interest in or use or occupancy of the Premises, except to the extent placed upon the Premises includingby Landlord. b. Tenant shall give Landlord immediate written notice of any problem, soil and groundwater conditions and (ii) the usespill, generationdischarge, release, manufacture, refining, production, processing, storage, threatened discharge or disposal discovery of any Hazardous Materials on, under, on or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning suppliesclaim thereof. All If such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any depositproblem, spill, discharge, threatened discharge or other discovery was caused, in whole or in part, by Tenant or its employees, agents, contractors, invitees or licensees, such notice shall include a description of measures proposed to be taken by Tenant to contain and/or remediate the release of such Hazardous Materials that occurs during and any resultant damage to or impact on property, persons and/or the Term environment (which term includes, without limitation, soil, surface water or groundwater). Upon Landlord’s approval and at Tenant’s own expense, Tenant shall promptly take all steps necessary to clean up and remediate any release of this Lease at such Hazardous Materials, comply with all Environmental Laws and otherwise report and/or coordinate with Landlord and all appropriate governmental agencies. c. Tenant agrees to indemnify, release and hold Landlord harmless from and against all Liabilities (as defined below) suffered by, incurred by or from the Premises which arises at any time from Tenant's use assessed against Landlord or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, officers or representatives, whether incurred as a result of legal action taken by any governmental entity or inviteesagency, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold taken by any private claimant or taken by Landlord, its partnersas a result of the presence, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spilldisturbance, discharge, release, removal or other release cleanup of any Hazardous Materials that occurs during the Term of this Leaseupon or under, at on or off site, associated with or flowing from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's ’s obligations and the indemnity hereunder liabilities under this Section 23 shall survive the expiration or earlier termination of this Lease. . d. The term Hazardous Materials “Liabilities” as used herein shall include is hereby defined as any chemicaland all liabilities, substanceexpenses, or material which has been or is hereafter determined by any federaldemands, statedamages (including punitive, or local governmental agency to be capable exemplary and consequential damages), costs, cleanup costs, response costs, losses, causes of posing a risk of injury to health or safety including petroleumaction, asbestosclaims for relief, polychlorinated biphenylsattorneys’ and other legal fees, radioactive materialsother professional fees, penalties, fines, assessments and radon gascharges.

Appears in 1 contract

Sources: Lease Agreement (Nexxus Lighting, Inc.)

Hazardous Materials. Landlord and Tenant shall not cause agree as follows with ------------------- respect to the existence or permit to occur use of "Hazardous Material" (ias defined below) any violation on the Premises: A. Any handling, transportation, storage, treatment, disposal or use of applicable Laws now Hazardous Materials by Landlord or hereafter enacted or issued, related to environmental conditions on, under, Tenant on and after the Effective Date in or about the Premises arising from shall strictly comply with all applicable Hazardous Materials Laws and shall be conducted in a manner which will not impair the health of any person on or about the Premises (including, without limitation, Landlord's and Tenant's leasehold interest employees, agents or invitees). B. Tenant at Tenant's sole expense shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord and Landlord's shareholders, directors, officers, employees, partners, affiliates and agents from and against any and all liabilities, losses, claims, damages, lost profits, diminution in or use or occupancy value of the Premises includingor the Building, soil consequential damages, interest, penalties, fines, monetary sanctions, reasonable attorneys' fees, experts' fees, and groundwater conditions court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the following: (ii1) the The use, generationstorage, releaserelease or disposal of Hazardous Materials on or about the Premises by Tenant, manufactureits subtenants, refiningand their respective agents, productionemployees, processingor contractors after the Effective Date; and (2) The exposure of any person to a Hazardous Material stored, used, released or disposed of by Tenant, its subtenants, and their respective agents, employees, or contractors in or about the Premises after the Effective Date. C. If the presence of Hazardous Materials on the Premises caused or permitted by Tenant or its agents, employees, or contractors after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established by any governmental agency having jurisdiction over such contamination, then Tenant at Tenant's sole expense shall promptly take any and all action necessary to clean up such contamination and return the Premises or Building to the condition that existed before the introduction of such Hazardous Material by Tenant or its agents, employees or contractors, to the extent required by applicable Law or to the extent required by an institutional owner of real property acting reasonably. Tenant shall first obtain Landlord's reasonable approval of the proposed remedial action. This provision does not limit the indemnification obligations of Tenant set forth in this Article 7. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with any removal, clean-up and restoration work required as a result of any Hazardous Materials contamination caused by Tenant's use, storage, or disposal of Hazardous Materials on the Premises during the Lease Term. D. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, and (ii) any actual or threatened contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials onLaw. At any time during the Lease Term, underTenant shall, or about the Premises or the Building or the transportation to or within five (5) days after written request therefor received from the Premises or the Building of any Hazardous MaterialsLandlord, except de minimis amounts of disclose in writing all Hazardous Materials that are commonly being used by Tenant on the Premises, the nature of such use, and the manner of storage and disposal. E. If Landlord has good cause to believe that the Premises has or may become contaminated by Hazardous Materials, Landlord may cause testing ▇▇▇▇▇ to be installed on the Premises in office products locations reasonably approved by Tenant, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if, and only if, such tests disclose the existence of Hazardous Material contamination caused by Tenant's use, storage, release or are present disposal of Hazardous Materials on the Premises during the Lease Term. Tenant shall have the right at any time after the Effective Date to conduct its own tests of the soil and ground water underlying the Premises by using ▇▇▇▇▇ installed by Landlord or ▇▇▇▇▇ installed by Tenant in ordinary cleaning supplies. All such office products locations, by a qualified consultant and cleaning supplies will be used and stored in a manner first approved in writing by Landlord so long as each of the following conditions are satisfied: (i) such tests are conducted by Tenant at its own expense; (ii) it repairs any damage caused by such tests; (iii) Landlord shall have the right to review and monitor the manner in which such tests are conducted; (iv) all such tests shall be done in a safe and reasonable manner that complies with all Laws. laws and does not in any way cause or allow any Hazardous Materials to contaminate, or contribute to any existing contamination, if any, upon the property being tested; and (v) Tenant shall deliver to Landlord copies of the results of any such tests and shall use reasonable efforts to keep confidential, and to exercise reasonable controls over its consultants to keep confidential, the results of such tests (provided that Tenant may make such communications to a governmental entity if such communications are required by Law to be made by Tenant, provided that Landlord is notified in advance of such communications.) F. Landlord, at its own expense make all submissions tosole cost, provide all information required by, and shall comply with all requirements of all governmental authorities under Laws relating to regulating Hazardous Materials. Should any governmental entity having jurisdiction over Materials affecting the Premises demand that a remediation plan be prepared or that remediation be undertaken because (without right of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time reimbursement from Tenant's use ) to the extent that such compliance is not made the responsibility of Tenant pursuant to subparagraphs 7.2B or occupancy of 7.2C. G. As used herein, the Premises term "Hazardous Material," means any hazardous or from acts toxic substance, material or omissions of Tenant, its agents, employees, representatives, waste which is or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires becomes regulated by any local governmental authorities having jurisdiction over authority, the Premises. Tenant's obligations and State of California or the indemnity hereunder shall survive the expiration or earlier termination of this LeaseUnited States Government. The term "Hazardous Materials Material," includes, without limitation, any material or substance which is (i) listed under Article 9 or defined as used herein shall include any chemicalhazardous or extremely hazardous pursuant to Article Il of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601), (iv) a pollutant, contaminant, or material which has been hazardous, dangerous, or is hereafter determined by toxic chemical material, or substance within the meaning of any other applicable federal, state, or local governmental agency to be capable law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of posing a risk of injury to health conduct concerning any hazardous, dangerous, or safety including petroleumtoxic waste, asbestossubstance, polychlorinated biphenylsor material, now or hereafter in effect), or (v) petroleum products, radioactive materialsmaterial, including any source, special nuclear, or byproduct material as defined in ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 2011-2297g-4; asbestos in any form or condition; and polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. H. As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and radon gasthe California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Material, or relates to public health and safety and protection of the environment.

Appears in 1 contract

Sources: Lease (Objective Systems Integrators Inc)

Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials (as defined hereinbelow) to occur (i) any violation of applicable Laws now be brought upon, kept or hereafter enacted or issued, related to environmental conditions on, under, used in or about the Premises arising from Tenant's leasehold interest in or use or occupancy of Building, the Premises includingProperty, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about Common Areas and/or the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Project by Tenant, its agents, employees, representativescontractors, licensees or invitees, except such Hazardous Materials that are typical in Tenant's business and that are at all times, used, kept and stored in the manner that complies with all laws, rules, regulations and ordinances now or hereafter regulating any such Hazardous Materials. If Tenant breaches the covenants and obligations set forth herein or, if the presence of Hazardous Materials on, in or about the Building, the Property or the Common Areas caused by Tenant, its agents, employees, contractors, licensees or invitees results in contamination of all or any portion of the Project or any other property, whether or not adjacent thereto, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, defend and hold LandlordLandlord free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification by Tenant of Landlord shall include, without limitation, any and all costs incurred with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Materials caused by Tenant, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all finescontractor, suitslicensees and/or invitees in, procedureson or about the Building, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of the Common Areas or in any way connected with any deposit, spill, discharge, the soil or other release of Hazardous Materials that occurs during ground water on or under the Term Property. The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Section 10.02 shall survive the expiration or earlier termination of this Lease. The For purposes of the Lease, the term "Hazardous Materials Materials" shall mean the following: (a) those substances included within the definitions of "hazardous substances," "pollutant," or "contaminant" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et. seq. as used herein shall include heretofore or hereafter amended, the regulations promulgated pursuant to such Act and state laws and regulations similar to or promulgated pursuant to such Act; (b) any chemicalmaterial, substancewaste or substance which is (i) petroleum, (ii) asbestos, (iii) flammable explosive, or material (iv) radioactive; and (c) such other substances, materials and wastes which has been are or is hereafter determined by any become regulated as hazardous or toxic under federal, statestate or local law. Likewise, Landlord shall indemnify, defend and hold Tenant free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of contamination existing upon commencement of the Lease Term by no fault of Tenant, or local as otherwise results directly from Landlord's acts or omissions. Landlord hereby warrants to Tenant that, to Landlord's knowledge, it has not received written notification from any governmental agency to be capable authority regarding actual or probable contamination of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasthe Property by Hazardous Substances.

Appears in 1 contract

Sources: Lease Agreement (Microvision Inc)

Hazardous Materials. (a) Throughout the Lease Term, Tenant shall not cause knowingly cause, permit or permit to occur (i) allow any violation of applicable Laws chemical substances, asbestos or asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter enacted by any governmental entity or issuedagency (collectively, related "Hazardous Materials") to environmental conditions onbe placed, understored, dumped, dispensed, released, discharged, used, sold, transported, or about located on or within any portion of the Premises, the Building or the Land by itself or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants; provided, however, minor quantities of Hazardous Materials may be used or stored in the Premises arising from for cleaning purposes only or in connection with the use of office equipment and the normal operation of Tenant's leasehold interest in office only, so long as such quantities and the use thereof are permitted by or use are exempt from applicable governmental regulation. Tenant agrees to give Landlord prompt written notice of any discovery, discharge, release or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, threatened discharge or disposal threatened release of any Hazardous Materials on, under, on or about the Premises, the Building or the Land. Tenant agrees to promptly clean up any Hazardous Materials which are placed in the Premises or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants and to remediate and remove any such contamination relating to the Premises, the Building and/or the Land, as appropriate, at Tenant's cost and expense, in compliance with all applicable laws, ordinances, rules and regulations then in effect and to Landlord's satisfaction, at no cost or expense to Landlord. Additionally, Tenant hereby agrees to indemnify and hold harmless Landlord and Landlord's partners, officers, directors, members, affiliates, employees and agents from and against all loss, cost, damage, liability and expense (including attorneys' fees and expenses) arising from or relating to any Hazardous Materials (other than those permitted above) which are placed in the Premises or the Building or on the transportation to Land by Tenant or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholdersservants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants. (b) The terms and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of provisions in this Paragraph 47 shall survive the termination or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term earlier expiration of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Lease Agreement (Florida Business Bancgroup Inc)

Hazardous Materials. A. Tenant shall not cause comply with all statutes, ordinances, rules, orders, regulations and requirements of the federal, state, county and city governments and all departments thereof applicable to the presence, storage, use, maintenance and removal of toxic, hazardous or permit to occur contaminated substances, materials or wastes (icollectively, "Hazardous Materials") any violation of applicable Laws now or hereafter enacted or issuedin, related to environmental conditions on, under, on or about the Premises arising from Tenant's leasehold interest in or use or occupancy of and the Premises includingComplex, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processingwhich presence, storage, use, maintenance or disposal removal is caused or permitted by Tenant or any of Tenant's agents, employees, contractors, invitees or any other person or entity over which Tenant has control. In no event shall the aforesaid be construed to mean that Landlord has given or will give its consent to Tenant's storing, using, Maintaining or removing Hazardous Materials onin, under, on or about the Premises or Premises, other than those customarily used in offices, and then only in compliance with all applicable laws, ordinances, rules and regulations. Tenant shall indemnify and hold Landlord and its members, and its and their agents, employees, officers and directors, free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs (including reasonable attorneys' fees, litigation and court costs), liabilities and losses, including, without limitation, diminution in the value of the Premises, the Building or the transportation to Complex or from any portion thereof, damages for the Premises loss or the Building restriction on use of rentable or usable space or of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy amenity of the Premises the Building or from acts the Complex or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protectany part thereof, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, sums paid in settlement of claims, liabilitiesreasonable attorneys' fees, and actions of every kindconsultant fees, expert fees, any and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or incurred in any way connected connection with any depositinvestigation of site conditions or any clean up, spillremedial, discharge, removal or other release restoration work necessary in the reasonable judgment of Hazardous Materials that occurs during the Term of this Lease, at Landlord or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined required by any federal, state, state or local governmental agency to be capable or political subdivision because of posing a risk the presence of injury to health such Hazardous Materials in, on or safety including petroleumabout the Premises, asbestosthe Building or the Complex or any part thereof, polychlorinated biphenyls, radioactive materials, and radon gas.arising out of

Appears in 1 contract

Sources: Lease Agreement (Wildblue Communications Inc)

Hazardous Materials. Tenant (A) No Hazardous Materials, as defined herein, shall not cause be Handled, as also defined herein, upon, about, above or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about beneath the Premises or any portion of the Building by or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions on behalf of Tenant, its agentssubtenants or its assignees, or their respective contractors, clients, officers, managers, members, partners, directors, employees, representativesagents, or invitees. Any such Hazardous Materials so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, then normal quantities of Tenant’s Hazardous Materials customarily used in the conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its own sole cost and expense, prepare and submit promptly take all actions required by any Regulatory Authority, as defined herein, which requirements or necessity arises from the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions Handling of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Tenant’s Hazardous Materials that occurs during the Term of this Leaseupon, at about, above or from beneath the Premises which arises at or any time from Tenant's use or occupancy portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises or from any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Except as otherwise agreed to by Landlord based upon advise of its environmental consultants, Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant's failure ’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to provide all informationundertaking any actions required by this Section 6.3(B), make all submissionswhich approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of the Building. (C) Tenant agrees to execute affidavits, representations, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and like from time to time at Landlord’s request describing the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials used at the Premises by Tenant. (D) Landlord represents to its knowledge that (i) no Hazardous Materials is present on or about the Building in violation of Environmental Laws and (ii) there is no action pending before any Regulatory Authority regarding the presence of Hazardous Materials in the Building. (E) Landlord has disclosed to Tenant and Tenant has acknowledged that a small amount of non-friable encapsulated asbestos is located in the stairway leading to the penthouse and that such encapsulated asbestos will not be removed by Landlord. (F) In no event shall Tenant be liable for the removal or remediation of any Hazardous Materials or for any costs or expenses incurred by Landlord in connection with such removal or remediation except to the extent the removal or remediation of such Hazardous Materials is the responsibility of Tenant pursuant to this Section 6.3. Except as used expressly set forth herein with respect to Tenant’s obligations, Landlord shall include pay or cause others to pay for the removal or remediation of any chemical, substance, Hazardous Materials in the Building or material the Premises which has been or is hereafter determined by any federal, state, or local governmental agency to be capable are in violation of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasEnvironmental Laws.

Appears in 1 contract

Sources: Office Lease (Omniture, Inc.)

Hazardous Materials. Tenant shall not cause Lessor represents and warrants that the Property, as of the date of this Lease, is free of hazardous substances including asbestos-containing materials and lead paint, and that the Property has never been subject to any contamination or permit hazardous conditions resulting in any environmental investigation, inquiry, or remediation. Lessor and Lessee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to occur (i) any violation protection of applicable Laws the environment or worker health and safety, as may now or at any time hereafter enacted be in effect, to the extent such apply to that party’s activity conducted in or issuedon the Property. Lessor and ▇▇▇▇▇▇ agree to hold harmless and indemnify the other from, related and to environmental conditions onassume all duties, underresponsibilities and liabilities at the sole cost and expense of the indemnifying party for payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (''Claims”), to the extent arising from that party's breach of its obligations or representations under this section. Lessor agrees to hold harmless and indemnify Lessee from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Lessor for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Lessor during the Term. ▇▇▇▇▇▇ agrees to hold harmless and indemnify Lessor from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Lessee for payment of penalties, sanctions, forfeitures, losses, costs damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the property by ▇▇▇▇▇▇. Unless the result of a hazardous substance release for which Lessee is liable under AS 46.03.822, should Lessee becomes aware of any hazardous substances on the Property, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises includingany environmental, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storagehealth, or disposal safety condition or matter relating to the Property that renders the condition of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, dischargeProperty unsuitable for ▇▇▇▇▇▇’s use, or other release of Hazardous Materials that occurs during if ▇▇▇▇▇▇ believes the Term of this Lease at leasing or from the Premises which arises at any time from Tenant's use or occupancy continued leasing of the Premises would expose Lessee to undue risks of liability to a government agency or from acts other third party, Lessee will have the right, in addition to any other rights it may have at law or omissions in equity, to terminate this Lease upon written notice to Lessor. In the event of Tenanta material spill of fuel or other hazardous materials on the Premises, its agentsLessee shall promptly notify Lessor and act promptly to contain the spill, employeesrepair any damage, representatives, or invitees, then Tenant shall, at its own expense, prepare absorb and submit clean up the required plans. Tenant shall indemnify, defend, protectspill area, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from restore the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency a condition reasonably satisfactory to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasLessor.

Appears in 1 contract

Sources: Land Lease Agreement

Hazardous Materials. The environmental provisions set forth in this Section 19 are in addition to and supplement the environmental provisions of the Acquisition Agreement, which shall remain in full force and effect with respect to the Premises notwithstanding this Lease. For the purposes of this Lease, the terms "Hazardous Material" and "Environmental Law" shall have the meanings given those terms in the Acquisition Agreement. Landlord and Tenant shall promptly, after either of them learns of the occurrence thereof, give written notice to the other of receipt of any notice of violation or claim, or a request for information, relating in any manner to any Hazardous Material or Environmental Law in connection with the Premises. Landlord and Tenant shall, upon receipt by either of them of any environmental sampling or testing results relating in any manner to the Premises, provide the other with copies of documents relating to such environmental investigations. Tenant agrees that it shall not cause generate, use, store, release or permit dispose of any Hazardous Material on the Premises except in material compliance with applicable Environmental Laws. Tenant shall, at its sole cost and expense, cure within thirty (30) days after written notice from Landlord any breach of this Section 19 by Tenant by taking all necessary response and corrective actions in accordance with all applicable Environmental Laws. If Tenant is responsible by virtue of this Section 19 for the removal or remediation of any Hazardous Material, Tenant shall carry out and complete, at its sole cost and expense, such response actions, including without limitation, any investigation, reporting, removal, remediation, repair, closure, detoxification, decontamination, restoration and other clean-up of the Premises required under applicable Environmental Laws, as promptly as reasonably possible. All response actions shall be undertaken with disclosure to occur Landlord of and approval by Landlord of response plans. Exhibit 2.4 (icontinued) Landlord shall, at its sole cost and expense, cure within thirty (30) days after written notice from Tenant any breach by Landlord of this Section 19 by taking all necessary response and corrective actions in accordance with all applicable Environmental Laws. If Landlord is responsible for the removal or remediation of any Hazardous Material by virtue of this Section 19, Landlord shall carry out and complete, at its sole cost and expense, such response actions, including without limitation, any investigation, reporting, removal, remediation, repair, closure, detoxification, decontamination, restoration and other clean-up of the Premises required under applicable Environmental Laws, as promptly as reasonably possible. All response actions shall be undertaken so as to minimize interruption of Tenant's business and with disclosure to Tenant of and approval by Tenant of response plans. IT IS UNDERSTOOD AND AGREED THAT TENANT HAS NO RESPONSIBILITY FOR OR AUTHORITY OVER ANY HAZARDOUS MATERIALS LOCATED IN, ON OR ABOUT THE PREMISES, EXCEPT TO THE EXTENT, IF ANY, BROUGHT THEREON BY OR AT THE DIRECTION OF TENANT AND THOSE HAZARDOUS MATERIALS PROPERLY STORED AND LISTED ON AN MSDS REPORT MAINTAINED BY LANDLORD WITH RESPECT TO THE PREMISES ON THE DATE OF THIS LEASE AND ACQUIRED BY TENANT PURSUANT TO THE ACQUISITION AGREEMENT. LANDLORD RETAINS COMPLETE RESPONSIBILITY FOR AND AUTHORITY OVER ANY AND ALL HAZARDOUS MATERIALS IN, ON OR ABOUT THE PREMISES EXCEPT FOR THOSE BROUGHT THEREON BY TENANT AND SO ACQUIRED. Tenant agrees to indemnify, defend and hold harmless Landlord, its officers, directors, shareholders, employees, agents, successors and assigns, from and against all claims, damages, actions, proceedings, costs, liens, requirements, judgments, losses, penalties, fines, settlements and liabilities of any kind (including without limitation attorneys' fees and court costs, and consultant and expert witness fees arising in any manner, directly or indirectly, out of or by reason of (1) any breach of any of the warranties, representations, covenants or agreements in this Section 19 by Tenant, (2) any violation or alleged violation of applicable Laws now or hereafter enacted or issued, related any Environmental Law by Tenant with respect to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in (provided such violation or use alleged violation does not represent the substantial continuation of a violation or occupancy alleged violation that commenced prior to the Term when Landlord operated the Premises, except for a violation that continues beyond a reasonable period after the management of Tenant become aware of such violation (other than violations currently known by employees of Landlord who have been or may become employees of Tenant as contemplates by the Premises includingAcquisition FORM 10-K Page 155 Exhibit 2.4 (continued) Agreement), soil and groundwater conditions and and/or (ii3) the useany presence, generation, release, manufacture, refining, production, processingtreatment, storage, disposal, transport, release, threatened release or disposal suspected release of any Hazardous Materials Material brought on, underin, or about the Premises or the Building or the transportation to or from the Premises by Tenant. Tenant agrees to employ security measures, consistent with the security measures historically employed by Landlord at the Premises, to prevent unauthorized dumping of Hazardous Materials on the Premises by third parties. Landlord agrees to indemnify, defend and hold harmless Tenant, its officers, directors, shareholders, employees, agents, successors and assigns, from and against all claims, damages, actions, proceedings, costs, liens, requirements, judgments, losses, penalties, fines, settlements and liabilities of any kind (including without limitation attorneys' fees and court costs, and consultant and expert witness fees arising in any manner, directly or the Building indirectly, out of or by reason of (1) any breach by Landlord of this Section 19, (2) any violation or alleged violation of any Environmental Law by Landlord, (3) any presence, generation, treatment, storage, disposal, transport, release, threatened release or suspected release of any Hazardous MaterialsMaterial on, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions toin, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises that does not result solely and directly from Tenant's activities in the Premises, and/or (4) the underground storage tanks located on the premises as of the date of this Lease. In the event of a breach by Landlord of this Section 19, Tenant may at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plansthereafter terminate this Lease by written notice to Landlord. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Section 19 shall survive the expiration or earlier termination of the term of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Acquisition Agreement (Cone Mills Corp)

Hazardous Materials. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issuedthe storage, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, handling or disposal (collectively, “Handling”) of any Hazardous Materials (as defined below), in, on, under, or about the Premises or the Building Real Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, “Tenant Parties”), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the transportation conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all times with all legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to or from the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make immediately advise Landlord in writing of (a) any and all submissions toenforcement, provide all information required bycleanup, and comply with all requirements of all remedial, removal, or other governmental authorities under or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials. Should Materials affecting the Premises; and (b) all claims made or threatened by any governmental entity having jurisdiction over third party against Tenant, Landlord, the Premises demand that a remediation plan be prepared or that remediation be undertaken because the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord’s prior written consent, Tenant shall no take any remedial action or enter into any agreements or settlements in response to the presence of any depositHazardous Materials in, spill, dischargeon, or about the Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other release Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), to the extent arising out of (i) any Handling of Hazardous Materials that occurs during the Term by any Tenant Party or Tenant’s breach of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativesobligations hereunder, or invitees(ii) any removal, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, dischargecleanup, or restoration work and materials necessary to return the Real Property or any other release property of whatever nature located on the Real Property to their condition existing prior to the Handling of Hazardous Materials that occurs during the Term of this Leasein, at on or from about the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the PremisesTenant Party. Tenant's ’s obligations and the indemnity hereunder under this paragraph shall survive the expiration or earlier other termination of this Lease. The term For purposes of this Lease, “Hazardous Materials as used herein shall include Materials” means any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenylsexplosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB’s, CFC’s, or substances defined as “hazardous substances” in the Comprehensive Environmental Response, Compensation and radon gasLiability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at any time hereafter in effect (collectively, “Hazardous Materials Laws”). Notwithstanding anything to the contrary in this Paragraph 8.c, in no event shall Tenant be responsible under this Paragraph 8.c. for any acts or omissions of any customers guests or invitees of Tenant with regard to Hazardous Materials bandied outside of the Premises unless the Hazardous Materials were transported or handled on the Real Property by such person for reasons related to Tenant or Tenant’s business. Landlord acknowledges that, to the best of Landlord’s knowledge (which, for purposes hereof, shall be limited to the actual knowledge of Shorenstein Fealty Services, L.P. (“Manager”), and to no other constituent owners or representatives of Landlord) as of the date of the Lease, there are no Hazardous Materials on the Real Property in violation of applicable Legal Requirements in effect as of the date of the Lease.

Appears in 1 contract

Sources: Office Lease (Oscient Pharmaceuticals Corp)

Hazardous Materials. Tenant shall not cause not, without Landlord's prior written consent, which consent may be granted, denied, or permit to occur conditioned upon Tenant's compliance with all requirements imposed by Landlord (including the posting of a surety bond in the amount of the estimated closure costs) in Landlord's sole discretion, install in, handle, generate, store, treat, use or dispose of in, on or about the Project ("Handle," "Handled" or "Handling") any (i) any violation of applicable Laws now or hereafter enacted or issuedasbestos containing materials, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the useelectrical transformers, generation, release, manufacture, refining, production, processing, storagefluorescent light fixtures with ballasts or other equipment containing PCB's, or disposal (iii) toxic or hazardous materials or any other substance which constitutes or is regulated as a hazardous, extremely hazardous, toxic, extremely toxic or similarly dangerous material (collectively "Hazardous Materials") under the Comprehensive Environmental Response Compensation and Liability Act, the Clean Water Act, the Resource Conservation and Recovery Act, the California Hazardous Waste Control Act, the ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇ Hazardous Substance Account Act, or any other law, rule, ordinance or regulation, as amended from time to time (collectively "Hazardous Substance Law". Notwithstanding the foregoing, normal quantities of those Hazardous Materials, if any, customarily used in the conduct of general office activities ("Common Office Chemicals") (for example, copier fluids and cleaning supplies) may be Handled without Landlord's prior written consent. All Hazardous Materials, including, without limitation, Common Office Chemicals, which are Handled by Tenant or Tenant's Agents shall be Handled in compliance with the provisions of this Lease, in accordance with all applicable laws, rules, ordinances and regulations and in a manner which will prevent any personal injury, property damage, environmental impairment or other damage, loss or statutory or common law liability resulting therefrom, whether or not such Handling is in violation of any law, rule, ordinance or regulation. Tenant's obligations under the immediately preceding sentence shall include the obligation to remove all Hazardous Materials Handled by Tenant from the Project at the expiration or earlier termination of the Lease, to clean up the Project and all equipment, fixtures, or other property not removed by Tenant pursuant to this Lease from those Hazardous Materials Handled by Tenant, including performing all removal and remediation work necessary to return the Project to the condition existing prior to any such Handling of Hazardous Materials by Tenant ("Clean-up"), to comply with all laws in connection with such Clean-up, including any closure requirements, filing any reports or plans required by any law or governmental authority, and performing or causing to be performed all post-closure monitoring, inspection, testing and other acts necessary to ensure all laws, rules, ordinances and regulations have been complied with and Clean-up has been completed with respect to those Hazardous Materials Handled by Tenant. Tenant shall deliver to Landlord prior to delivery to any governmental agency, or promptly after receipt from any such agency, copies of all permits, manifests, closure plans, proposed closure plans, remedial action plans, and other notices, communications, plans, documents or instruments relating to the presence of Handling of Hazardous Materials on the Project. If any Holder or governmental agency shall ever require testing to ascertain whether or not there has been any release by Tenant of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional Rent if such requirement applies to the Premises and such tests prove that Tenant has caused such release. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding Tenant's release of Hazardous Materials on the Premises. In all events, Tenant shall indemnify Landlord and protect, defend and hold Landlord harmless from and against all claims, demands, liabilities, actions, fines, governmental orders, damages, losses, including but not limited to consultants' fees and attorneys' fees, in any way related to the Handling of Hazardous Materials by Tenant on the Premises. LANDLORD'S REPRESENTATION AND WARRANTY. Landlord represents and warrants that as of the date hereof, and as of the Commencement Date of the Lease, (i) the Premises, Building and land upon and the project in which the Premises and Building are located (the "Land") are not in violation of any Hazardous Substance Law; (ii) with the exception of Common Office Chemicals, there are no Hazardous Materials on, under, or about the Premises Premises, Building, or Land; (iii) there is no litigation or governmental action pending, proposed, threatened or anticipated with respect to Hazardous Materials in connection with the Building Premises, Building, or Land; and (iv) Landlord's other tenants and Landlord are not in violation of any Hazardous Substance Law and none of the transportation above have been served with a notice from any governmental body or other entity claiming any violation of or requiring or calling attention to the need for, any work, repairs, construction or alterations in order to comply with any Hazardous Substance Law. Landlord shall indemnify Tenant and protect, defend and hold Tenant harmless from the Premises and against all claims, demands, liabilities, actions, fines, governmental orders, damages, losses, including but not limited to consultants' fees and attorneys' fees, asserted against Tenant arising from any past, present, or the Building future presence of any Hazardous Materials, except de minimis amounts on, in, under or affecting all or any portion of Hazardous Materials that are commonly used in office products the Premises, Building or are present in ordinary cleaning supplies. All such office products Land which has not been released by Tenant and cleaning supplies will be used any breach by Landlord or Landlord's representations and stored in a manner that complies warranty herein with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating respect to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of Landlord and Tenant have executed this Lease on the date and year set forth at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination beginning of this Lease. The term Hazardous Materials Landlord: Tenant: ALEXANDER PROPERTIES COMPANY, SILICON GRAPHICS, INC. a California partnership a Delaware corporation By: By: --------------------------- ------------------------------------ Agent EXHIBIT B FOR ▇▇▇▇▇▇ RANCH 8 Listed below are the Standard Material Specifications for tenant improvements at ▇▇▇▇▇▇ Ranch 8 along with the definition of the building shell. It is hereby agreed that Landlord shall provide, obtain and install all materials and permits required to build out SILICON GRAPHICS, INC.'S space as used herein shall include drawn on the attached space plan dated 3/4/91 and approved by Tenant under the Standard Material Specifications in this Exhibit B. Should the attached space plan be modified in any chemicalmanner, substanceTenant agrees to pay for in advance any modifications as they affect the cost of Tenant's build out. DEFINITION OF BUILDING SHELL * All core areas, elevator lobbies and restrooms complete. * Main HVAC loop in place ready to receive mixing boxes for zoning. * Main fire sprinkler risers and grid in place ready for drop down. * All perimeter walls sheetrocked and ready for paint. * Upper floors covered with 3 1/2 inch concrete. * Electrical service to closets on floor. * Telephone service/conduit to closets on floor. STANDARD TENANT IMPROVEMENTS - MATERIAL SPECIFICATIONS ELECTRICAL * Day Bright 244 light fixtures with energy conserving ballasts and lamps; per Title 24 requirements. * Double switching in individual offices. * One duplex 110 receptacle at each work station. * One telephone duct at each work station. HVAC * One zone per 800 square feet. * Individual pneumatic thermostats per 800 sq. ft. FIRE * One 160 degree rated, Star SSP-1 concealed sprinkler SPRINKLERS head per 144 square feet. PARTITIONS * Sheetrock walls (5/8 inch) on 21/2 inch steel stands AND DOORS with smooth finish. * Solid core Heritage Oak doors (36" x 96"). * Aluminum door jambs. * Schlage door latches or material which has been equal. PAINT * ▇▇▇▇▇ ▇▇▇▇▇: Bone White. FIRE RATED * Conwed: Aurora Reveal Tile, 3/4 inch on steel grid CEILING GRID AND BOARD CARPET, TILE * Carpet: Design Weave - Westbridge II. AND BASE * ▇▇▇▇▇▇▇▇▇ Imperial Modern Excelon Tile. * 32 oz. nylon composition pad. * 4 inch rubber top set base or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.equal. WINDOW * Mini Blinds: Color - Alabaster. COVERING EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Sources: Sublease Agreement (Zapme Corp)

Hazardous Materials. Tenant Subtenant shall not cause or permit “Hazardous Materials” to occur (i) be used, transported, stored, released, handled, produced or installed in, on or from the Demised Premises, the Unit or the Building. The term “Hazardous Materials” shall, for the purposes hereof, mean any violation flammable, explosive or radioactive materials; hazardous wastes; hazardous and toxic substances or related materials; asbestos or any material containing asbestos; or any other such substance or material; in the definition of applicable Laws now or hereafter enacted or issued“hazardous substances”, related to environmental conditions on“hazardous wastes”, under“hazard materials”, “toxic substances”, or about “contaminants” as defined by, or any materials regulated by, any federal, state or local law, ordinance, rule or regulation, including, without limitation, the Premises arising from Tenant's leasehold interest Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource Conservation and Recovery Act, as amended, and in or use or occupancy the regulations adopted and publications promulgated pursuant to each of the foregoing (collectively, “Environmental Laws”). Notwithstanding the foregoing, the restriction in the first sentence of this Section 40 shall not be deemed to be a restriction on Operational Hazardous Materials typically and lawfully used in connection with the operation and maintenance of offices (provided the same are used, handled and stored in accordance with all applicable Environmental Laws). In the event of a breach of the provisions of this Section 40, Main Landlord or Sublandlord shall, in addition to all of its rights and remedies under this Sublease and pursuant to applicable Legal Requirements, have the right to require the other, at Subtenant’s sole cost and expense, to promptly remove any such Hazardous Materials from the Subleased Premises includingor the Unit, soil and groundwater conditions as the case may be and (ii) the useSubtenant shall indemnify and hold Main Landlord and Sublandlord and their successors and assigns harmless from and against any loss, generationliability, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required bydamages, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises such indemnified parties may at any time from Tenant's use or occupancy suffer by reason of the Premises or from acts or omissions existence of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of such Hazardous Materials that occurs during the Term in accordance with this Section 40. The provisions of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder Section 40 shall survive the expiration or earlier sooner termination of this LeaseSublease. The term “Operational Hazardous Materials” shall mean any Hazardous Materials as which are normally or reasonably used herein shall include any chemicalin the operation, substancemaintenance or use of a Comparable Building, or material which has been or is hereafter determined by any federal, state, or local governmental agency provided that the same are permitted to be capable used in such operation, maintenance or use by Legal Requirements and/or Insurance Requirements and are used, stored and disposed of posing a risk in compliance in all material respects with Legal Requirements and/or Insurance Requirements, including, without limitation, use of injury to health or safety including petroleumfuels, asbestosheating oil, polychlorinated biphenylslubricants, radioactive pesticides, cleaning materials, paint and radon gaspaint thinners, asphalt, caulks, and chemicals commonly used in connection with heating, plumbing, mechanical and electrical systems and in photocopying machines, computers, word processing equipment and other business machines (but excluding any Hazardous Materials which have been incorporated into the structure of the Building or the Base Systems in the course of the Base Building Work). “Comparable Buildings” shall mean first class office buildings of comparable size located in the area bounded by ▇▇▇▇ ▇▇▇▇▇▇ to 60th Street, from ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇.

Appears in 1 contract

Sources: Sublease (Datadog, Inc.)

Hazardous Materials. Landlord and Tenant shall not cause or permit agree as follows with respect to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in existence or use or occupancy of "Hazardous Material" on the Premises including, soil and groundwater conditions and Installations Premises. (iia) If the use, storage, handling, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, Material on or about in the Installations Premises during the Term results in the release or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other threatened release of Hazardous Materials at, on or under the Installations Premises in violation of Applicable Law, or otherwise necessitates investigation or cleanup of Hazardous Material as required under Applicable Law ("Environmental Conditions"), Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees but excluding consequential damages and any injury to the value of the Property, provided that occurs this clause shall not be construed as reducing the Remediation Obligation) which arise during or after the Term as a direct result thereof. This indemnification of this Lease at Landlord by Tenant includes, without limitation, reasonable costs incurred in connection with any investigation of site conditions or from any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency because of Hazardous Material present in the Premises which arises at any time from Tenant's use soil or occupancy of groundwater on or under the Installations Premises or from in any improvements on the Installations Premises. This indemnification, however, shall not apply to any Environmental Conditions caused by the acts or omissions of Landlord or its Agents. The indemnification and hold harmless obligations of Tenant under this Section 27 shall survive any termination of this Lease for a period of twenty-four (24) months after the termination. At the end of the twenty-four (24) month period, this indemnification and all of Tenant's obligations under this Section shall expire, its agentsexcept as to matters specifically made the subject of a lawsuit filed against Tenant before the expiration of the twenty-four (24) month period. Without limiting the foregoing, employeesif the use, representativesstorage, handling, generation, or inviteesdisposal of Hazardous Material on or in the Installations Premises during the Term results in any Environmental Conditions, then then, provided that the Environmental Condition is not caused by the acts or omissions of Landlord or its Agents, Tenant shallshall promptly take all actions, at its own sole expense, prepare as are necessary to return the Installations Premises to substantially the condition existing prior to thereto or to such other condition as may satisfy the applicable governmental authorities (the "Remediation Obligation"). Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld. Nothing in this Section shall be deemed to prohibit or limit any action by Tenant against any party or parties responsible for the contamination. (b) Tenant covenants and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials agrees that occurs during the Term it shall continue implementation of this Leasethe Operations and Maintenance Plan described in Exhibit J attached hereto and made a part hereof at all times in compliance with Applicable Laws in all material respects. (c) Landlord shall have the right, at or from any time, to cause the groundwater, soil, improvements and air at the Installations Premises which arises to be investigated to detect the presence of Hazardous Material during the Term, including, but not limited to, the installation of testing ▇▇▇▇▇ and other devices in locations selected by Landlord at any time from TenantLandlord's use or occupancy sole discretion. Landlord shall supply Tenant with copies of final investigation reports. The cost of such investigations and of the Premises maintenance, repair and replacement of such ▇▇▇▇▇ and other devices shall be fully paid for by Landlord, unless Landlord's investigations reveal Environmental Conditions which Tenant is obligated to remediate under this Section. In that event, Tenant, within thirty (30) days after receiving a copy of such investigation report and a statement of charges from Landlord, shall pay for the cost of the investigation. Any dispute under this Subsection shall be resolved under the arbitration proceedings set forth in Subsection 11(b). (d) As used herein, the term "Hazardous Material" means any hazardous or from Tenant's failure to provide all informationtoxic substance, make all submissions, and take all steps requires material or waste which is or becomes regulated by any local governmental authorities having jurisdiction over authority, the Premises. Tenant's obligations and State of Maryland or the indemnity hereunder shall survive the expiration United States Government or earlier termination of this Leaseother Applicable Law. The term "Hazardous Materials Material" includes, without limitation, any material or substance which is (i) designated as used herein shall include any chemicala "hazardous substance" pursuant to Section 307 of the Federal Water Pollution Control Act, substance33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1317), (ii) defined as a "hazardous waste" pursuant to Section 3001 of the Federal Solid Waste Disposal Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6921), or material which has been or is hereafter determined by any federal(iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, stateCompensation and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601), or local governmental agency to be capable of posing a risk of injury to health or safety including (iv) petroleum, asbestospetroleum product, polychlorinated biphenyls, radioactive materials, and radon gasbiphenyls or urea formaldehyde.

Appears in 1 contract

Sources: Facilities Lease Agreement (Comsat Corp)

Hazardous Materials. Tenant shall ‌ 22.1 Lessor has furnished or made available to Lessee copies of any and all reports Lessor has in its possession or has obtained in connection with the presence of Hazardous Materials on the Premises. 22.2 Except as specifically permitted under Sections 22.8, 22.9, or 22.10 of this Lease, Lessee will not, and Lessee must ensure that Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Lessee during the Term will not cause bring, generate or otherwise use, handle, treat, store, sell, dispose of, discharge or release any Hazardous Material upon, about, beneath or from the Premises, except for limited quantities of standard office, personal care, and janitorial supplies containing chemicals categorized as Hazardous Materials brought, generated or otherwise used, handled, treated, stored, sold, disposed of, discharged and released in compliance with Applicable Laws and Requirements. All Hazardous Materials-related activities undertaken by Lessee, Affiliates, Agents, employees, guests, invitees, visitors, Occupants and other persons or entities under the control of Lessee during the Term must comply with all Applicable Laws and Requirements. Lessee will not, and Lessee must ensure that Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Lessee during the Term will not, permit Hazardous Materials to occur be commingled with the Hazardous Materials of Lessor, if any. ▇▇▇▇▇▇ agrees to be responsible for timely acquisition of any permit(s) required for its Hazardous Materials-related activities, if any, and must provide to Lessor, upon request, inventories of all such Hazardous Materials and any supporting documentation, including but not limited to material safety data sheets, uniform waste manifest forms, and any other pertinent permits. (a) If either Party becomes aware of, or reasonably suspects, or receives notice or other communication concerning (i) any actual, alleged or threatened violation of applicable any Applicable Laws now and Requirements (A) by Lessee, Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or hereafter enacted or issued, related to environmental conditions on, underentities under the control of Lessee during the Term and in connection with, or about affecting, the Premises, or (B) from past or present activities of any person in connection with the Premises, or (ii) any liability of Lessee, Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Lessee during the Term for Environmental Damages in connection with, or affecting, the Premises, then such Party must immediately deliver to the other Party a written description of such alleged violation or liability together with copies of any documents evidencing same. Receipt of such notice will not be deemed to create any obligation on the part of Lessor to defend or otherwise respond to any such notification. (b) Each Party must immediately advise the other in writing if at any time (i) it receives written notice of any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against that Party or the Premises arising from Tenant's leasehold interest in pursuant to any Applicable Laws and Requirements relating to any Hazardous Materials or use Preexisting Hazardous Materials (“Hazardous Materials Law”); (ii) it receives any claim made or occupancy of threatened by any third party against that Party or the Premises includingrelating to damage, soil and groundwater conditions contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials or Preexisting Hazardous Materials (the matters set forth in clauses (i) and (ii) the use, generation, release, manufacture, refining, production, processing, storage, above are referred to as “Hazardous Materials Claims”); (iii) it discovers or disposal becomes aware of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that is subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Hazardous Materials Law; or (iv) it discovers the presence of Preexisting Hazardous Materials on, under, or about the Premises or the Building or the transportation adjacent to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Materials. Tenant (a) Crown shall not (either with or without negligence) cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, storage, generation, releaseescape, manufacture, refining, production, processing, storage, disposal or disposal release of any Hazardous Materials onin any manner not sanctioned by law. In all events, underCrown shall indemnify and hold Grantor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or about the Premises or the Building or the transportation to or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) from the Premises presence or the Building release of any Hazardous MaterialsMaterials on the Easement Area if caused by Crown or persons acting under Crown. Crown shall execute such affidavits, except de minimis amounts representations and the like from time to time as Grantor may reasonably request concerning Crown’s best knowledge and belief as to the presence of Hazardous Materials that are commonly used within the Easement Area. (b) Grantor shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Materials in office products any manner not sanctioned by law. In all events, Grantor shall indemnify and hold Crown harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or are present in ordinary cleaning supplies. All such office products losses (including, without limitation, any and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions tosums paid for settlement of claims, provide all information required byattorneys’ fees, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over consultants’ and experts’ fees) from the Premises demand that a remediation plan be prepared presence or that remediation be undertaken because release of any depositHazardous Materials on Grantor’s Property unless caused by Crown or persons acting under Crown. Grantor shall execute such affidavits, spill, discharge, or other release representations and the like from time to time as Crown may reasonably request concerning Grantor’s best knowledge and belief as to the presence of Hazardous Materials that occurs during the Term on Grantor’s Property. (c) For purposes of this Lease at Easement, the term “Hazardous Materials” means any substance which is (i) designated, defined, classified or from the Premises which arises at regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any time from Tenant's use Environmental Law, as currently in effect or occupancy of the Premises as hereafter amended or from acts enacted, (ii) a petroleum hydrocarbon, including crude oil or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, any fraction thereof and all costs associated therewith petroleum products, (including investigation costs and attorneys' and consultants' feesiii) arising out of or in any way connected with any depositPCBs, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.(iv) lead,

Appears in 1 contract

Sources: Easement Agreement

Hazardous Materials. Except for hair care products typically used in a facial/spa business, to the extent such supplies or products are used in the ordinary course of business, in the manner for which they were designed, in accordance with applicable laws, and in such amounts as may be typical for the type and scale of facial/spa operations to be conducted by Tenant in the Premises, Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials onto be generated, underproduced, brought upon, used, stored, treated or disposed of in or about the Premises or the Building Property by ▇▇▇▇▇▇, ▇▇▇▇▇▇’s subtenants and/or assignees and their respective agents, employees, contractors, sub-lessees or invitees (collectively, the transportation “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or from about the Premises or Project by Tenant, any of its subtenants, or any of their respective employees, agents, representatives, contractors, licensees or invitees, Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in valuation of the Building Premises or Project, and sums paid in settlement of claims and for reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the condition existing prior to the introduction of any such Hazardous Materials, provided ▇▇▇▇▇▇▇▇’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s sole cost and expense. Furthermore, ▇▇▇▇▇▇ shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand acknowledges that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shallLandlord, at its own Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s sole cost and expense, prepare and submit the required plans. Tenant shall indemnifyto negotiate, defend, protect, approve and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of appeal any action taken or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires order issued by any governmental authorities having jurisdiction over the Premisesauthority with regard to any Hazardous Materials contamination which Tenant is obligated hereunder to remediate. Tenant's obligations and the indemnity hereunder The covenants of Tenant under this Section shall survive the expiration of the Term or earlier termination of this Lease. The As used in this Lease, the term Hazardous Materials as used herein shall include Materials” means any chemicalflammable items, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenylsexplosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and radon gasother chemical products, asbestos, PCBs and similar compounds, any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons, and including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including, without limitation, the California Health and Safety Code and/or under the Comprehensive Environmental Response, Compensation and Liability Act, 42. ▇.▇.▇. §▇▇▇▇, et seq.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Materials. Tenant shall not cause or permit to occur (ia) any violation Except for those materials that are necessary in the normal course of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of business activities associated with the Premises includingPermitted Use, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representativescontractors or invitees shall not (i) cause or permit any Hazardous Materials (hereinafter defined) to be brought upon, stored, used or disposed on, in or about the Premises and/or the Building, or invitees(ii) permit the release, then discharge, spill or emission of any substance considered to be a Hazardous Material from the Premises. (b) Any Hazardous Materials permitted by subparagraph (a), all ---------------- containers therefor, and all materials that have been contaminated by Hazardous Materials shall be used, kept, stored and disposed of by Tenant shallin a manner that shall in all respects comply with all applicable federal, at state and local laws, ordinances, regulations and standards. (c) Tenant hereby agrees that it is and shall be fully responsible for all costs, expenses, damages or liabilities (including, but not limited to those incurred by Landlord and/or its own expensemortgagee) which may occur from the use, prepare and submit storage, disposal, release, spill, discharge or emissions of Hazardous Materials by Tenant whether or not the required planssame maybe permitted by this Lease. Tenant shall indemnify, defend, protect, indemnify and hold harmless Landlord, its partnersmortgagee and its agents from and against any claims, officersdemands, directorsadministrative orders, beneficiariesjudicial orders, shareholderspenalties, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, settlements, damages costs or expenses (including, without limitation reasonable attorney and actions of every kindconsultant fees, and all costs associated therewith (including investigation court costs and attorneys' and consultants' feeslitigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way connected with any depositrelated to the use, spillstorage, disposal, release, discharge, spill or other release emission of any Hazardous Material by Tenant, its agents, employees, contractor or invitees. Landlord shall defend, indemnify and hold harmless Tenant, its mortgagee and its agents from and against any claims, demands, administrative orders, judicial orders, penalties, fines, liabilities, settlements, damages, costs or expenses (including, without limitation, reasonable attorney and consultant fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in, any way related to the use, storage, disposal, release, discharge, spill or emission of any Hazardous Materials that occurs during the Term by Landlord, its agents, employees, contractors or invitees other than Tenant. The provisions of this Lease, Section shall be in addition to any other obligations find liabilities either party may have to the other at law or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, in equity and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration transactions contemplated herein or earlier any termination of this Lease. (d) As used in this Lease, the term "Hazardous Materials" shall include, without limitation: (i) Those substances included within. The term the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C (s) 9601 et seq.) ("CERCLA"), as amended by Superfund -- --- Amendments mid Reauthorization Act of 1986 ("▇▇▇▇"), the Resource Conservation mid Recovery Act of 1976 ("RCRA"), and the Hazardous Materials Transportation Act, and in the regulations promulgated pursuant to said laws, all as used herein shall include amended; (ii) Those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency (of any chemicalsuccessor agency) as hazardous substances (40 CFR Part 302 and amendments thereto); (iii) Any material, waste or substance which is (A) petroleum, (B) asbestos, (C) polychlorinated biphenyls, (D) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. (s) 1251 et -- seq. (33 U.S.C. (s) 1321) or listed pursuant to Section of the Clean Water --- Act (33 U.S.C. (s) 1317)l (E) flammable explosives; or (F) radioactive materials; (iv) Those substances regulated pursuant to or identified in the Virginia Pesticide Law; Air Pollution Control Board; Virginia Waste Management Act; Environmental (v) Such other substances, materials and wastes which are or become regulated as hazardous or toxic under applicable local, state or federal law, or material the United States government, or which has been are classified as hazardous or is hereafter determined by any toxic under federal, state, or local governmental agency laws or regulations. (e) Landlord shall not knowingly generate, use, release store or dispose of any Hazardous Materials in or about the Premises, Building and Land. In the event that, in the future, any Hazardous Materials occurring, released or introduced on the Premises, Building or Land prior to be capable the commencement of posing a risk of injury Lease are discovered, Landlord shall have the express responsibility immediately to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasso advise Tenant.

Appears in 1 contract

Sources: Office Lease Agreement (Sra International Inc)

Hazardous Materials. Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant shall agrees not to cause or permit any Hazardous Materials to occur (i) any violation be brought upon, stored, used, handled, generated, released or disposed of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underin, under or about the Premises arising from Tenant's leasehold interest in Premises, the Building, the Common Areas or use or occupancy any other portion of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Project by Tenant, its agents, employees, representativessubtenants, assignees, licensees, contractors or inviteesinvitees (collectively, then “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease and annually thereafter, within ten (10) days of written request from Landlord, Tenant shallagrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit “F” attached hereto. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, the Building and the Project, at its own sole cost and expense, prepare any and submit all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the required plansPremises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. To the fullest extent permitted by law, Tenant shall agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord, its ’s partners, officers, directors, beneficiaries, shareholdersemployees, agents, employeessuccessors and assigns (collectively, “Landlord Indemnified Parties”) from and lenders harmless from against any and all finesclaims, damages, judgments, suits, procedurescauses of action, claimslosses, liabilities, penalties, fines, expenses and actions costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of every kindclaims, attorneys’ fees, consultant fees and all costs associated therewith (including investigation costs expert fees and attorneys' court costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Project and consultants' fees) arising out which are caused or permitted by Tenant or any of or in Tenant’s Parties. Tenant agrees to promptly notify Landlord of any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs in the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease, at whether caused by Tenant or from any other persons or entities. In the Premises which arises at event of any time from release of Hazardous Materials caused or permitted by Tenant or any of Tenant's use or occupancy of ’s Parties, Landlord shall have the Premises or from Tenant's failure right, but not the obligation, to provide all information, make all submissions, and cause Tenant to immediately take all steps requires by Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord’s mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used in this Lease, the term “Hazardous Materials” shall mean and include any hazardous or toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authorities having jurisdiction over the Premisesauthority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (“PCBs”), and freon and other chlorofluorocarbons. Tenant's obligations and the indemnity hereunder shall The provisions of this Subparagraph 8(c) will survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Industrial Lease (Sintx Technologies, Inc.)

Hazardous Materials. (i) Tenant agrees to complete prior to Lease execution the questionnaire attached to the Lease as EXHIBIT E (the “Hazardous Materials Questionnaire”). Tenant represents and warrants that the information completed by Tenant in the Hazardous Materials Questionnaire is true and complete. Tenant agrees to immediately inform Landlord in writing if any of the information contained in the Hazardous Materials Questionnaire becomes untrue, inaccurate or incomplete. (ii) Tenant shall not cause or permit any Hazardous Materials, to occur be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building or any other portion of the Project, by Tenant or its agents, employees, contractors, subtenants, or invitees (icollectively, “Tenant’s Agents”), except for standard office supplies and standard janitorial supplies which may be Hazardous Materials but only to the extent that such supplies (and the quantities thereof) are normally used in connection with general office uses. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents in or about the Premises, shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord and Landlord’s partners, agents, employees, contractors, and invitees from and against any violation and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of applicable Laws now the use, storage, treatment, transportation, release, or hereafter enacted or issued, related to environmental conditions on, under, disposal of Hazardous Materials on or about the Premises arising from or the Project by Tenant or Tenant's leasehold interest in or use or occupancy ’s Agents. (iii) If the presence of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials in, on, under, or about the Premises or the Building Project caused or the transportation to permitted by Tenant or from the Premises Tenant’s Agents results in contamination or the Building deterioration of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products water or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored soil resulting in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements level of all governmental authorities under Laws relating to Hazardous Materials. Should contamination greater than the levels established as acceptable by any governmental entity agency having jurisdiction over such contamination, then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination if required by Law or as a condition to the Premises demand that a remediation plan be prepared issuance or that remediation be undertaken because continuing effectiveness of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during governmental approval which relates to the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenantany part thereof. Tenant shall further be solely responsible for, its and shall defend, indemnify, and hold Landlord and Landlord’s agents, partners, subsidiaries, directors, officers, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protectcontractors, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders invitees harmless from and against, all fines, suits, procedures, claims, costs and liabilities, including attorney’s fees and actions of every kindcosts, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected connection with any deposit, spill, discharge, or investigation and remediation required hereunder to return the Premises to its condition existing prior to the appearance of such Hazardous Materials. (iv) Landlord and Tenant shall each give written notice to the other release as soon as reasonably practicable of (i) any Hazardous Materials that occurs during which relates to the Term of this LeasePremises, at or from the Premises which arises at and (ii) any time from Tenant's use or occupancy contamination of the Premises or the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant and Tenant’s Agents shall not bring Hazardous Materials of types or quantities differing from those set forth in the Hazardous Materials Questionnaire without first obtaining the written permission of the Landlord. At any time during the Lease term, Tenant shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant or Tenant's failure to provide all information’s Agents on the Premises, make all submissionsthe nature of such use, and take all steps requires the manner of storage and disposal. (v) Landlord may cause testing ▇▇▇▇▇ to be installed on or about the Outside Area of the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes, provided that Landlord shall use diligent efforts to minimize any inconvenience or disruption to Tenant’s business in connection with such installation. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Paragraph 11.D(ii) or (iii). (vi) As used herein, the term “Hazardous Material,” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authorities having jurisdiction over authority, the Premises. Tenant's obligations and State of California or the indemnity hereunder shall survive the expiration or earlier termination of this LeaseUnited States Government. The term Hazardous Materials as used herein shall include any chemicalMaterial,” includes, substancewithout limitation, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleumpetroleum products, asbestos, polychlorinated biphenyls, radioactive materialsPCB’s, and radon gasany material or substance which is (i) defined as hazardous or extremely hazardous pursuant to Section 66160 of Title 26 of the California Code of Regulations, Division 22, (ii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C., Section 6901 et seq. (42 U.S.C. Section 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C., Section 9601 et seq. (42 U.S.C. 6901). As used herein the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Material.

Appears in 1 contract

Sources: Lease (Brooks Automation Inc)

Hazardous Materials. Tenant The provisions of this Section 18, which govern LESSEE’S obligations with regard to hazardous substances, as defined below, shall not cause survive termination of this Lease. A. LESSEE agrees to indemnify, defend, protect and hold LESSOR free and harmless from and against any and all claims, liability, loss, damage, actions or permit to occur causes of action, costs and expenses (iincluding attorney's fees) arising from or in connection with the presence of any violation of applicable Laws now or hereafter enacted or issuedHazardous Substances in, related to environmental conditions on, underor under the PREMISES except to the extent that LESSEE can demonstrate by clear and convincing proof that such Hazardous Substances were present in, on, or about under the Premises arising PREMISES prior to September 1, 1989, or migrated onto or under the PREMISES from Tenantother land after such date. Furthermore, LESSEE shall, at LESSEE's leasehold interest in or use or occupancy of sole cost and expense, be responsible for the Premises includingreceiving, soil and groundwater conditions and (ii) the use, storage, handling, transportation, generation, spillage, migration, discharge, release, manufactureand disposition of all hazardous substances to the extent any such are used, refiningstored, productionbrought onto, processinglocated on or shipped from or within, storagethe PREMISES in connection with LESSEE’s occupancy and use thereof, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies accordance with all applicable rules, regulations, orders, ordinances, statutes, codes and laws. For purposes of this Lease, "Hazardous Substances" shall include but not be limited to flammable, combustible, explosive, corrosive, caustic, carcinogenic or radioactive matter, petroleum or petroleum related materials and/or substances defined as "hazardous substances", "hazardous materials", "hazardous waste" or "toxic substances" in any federal, state or local laws or regulations adopted or publications promulgated pursuant to said laws (hereinafter collectively referred to as the "Laws"). Tenant shall LESSEE shall, at its own expense make all submissions toLESSEE's sole cost and expense, provide all information required by, and comply fully with all requirements of all governmental authorities under the Laws relating applicable to Hazardous Materials. Should any governmental entity having jurisdiction over LESSEE's use of the Premises demand that HANGAR and obligations contained herein. B. In the event of a remediation plan be prepared or that remediation be undertaken because of any depositrelease, leak, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at threatened or from the Premises which arises at any time from Tenant's use actual contamination or occupancy deterioration of the Premises PREMISES or from acts groundwater by a Hazardous Substance, whether the result of an act or omissions omission of Tenant, LESSEE or its agents, employees, representativescontractors, licensees, or inviteesinvitees or any other third parties, then Tenant LESSEE shall, immediately notify LESSOR and all appropriate health, safety and environmental regulatory agencies. LESSEE hereby covenants and agrees to implement and complete, at its own sole cost and expense, prepare and submit to the satisfaction of LESSOR, all investigation and remediation measures required plansby such agency or agencies. Tenant If LESSEE fails to take such action LESSOR may, but shall indemnifynot be obligated to, defendtake such action. In such event, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs incurred by LESSOR with respect to such cleanup activities shall be for the account of LESSEE and attorneys' and consultants' fees) arising out LESSEE shall promptly make reimbursement therefore. LESSEE shall not take any remedial action in response to the presence of any Hazardous Substances in or about the PREMISES, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Substances in any way connected with the PREMISES without first notifying the LESSOR of LESSEE's intention to do so and affording LESSOR ample opportunity to appear, intervene or otherwise appropriately assess and protect its interest with respect thereto. C. LESSEE shall bear responsibility for the presence of any depositHazardous Substances as a result of LESSEE’s activities, spillwhether before, dischargeduring or after construction, in or around any part of the PREMISES or the soil, groundwater or soil vapor on or under the PREMISES. Upon demand by LESSOR, LESSEE shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances in any such location, which affects the PREMISES or which is brought or commenced against LESSOR, whether alone or together with LESSEE or any other person, all at LESSE’s own cost and by counsel to be approved by LESSOR in the exercise of its reasonable judgment. In the alternative, LESSOR may elect to conduct its own defense at the expense of LESSEE. D. LESSEE shall comply and cause all occupants of the PREMISES to comply, with all statutes, codes, regulations, rules, ordinances, orders and other laws governing or applicable to Hazardous Substances as well as the recommendations of any qualified environmental engineer or other expert which apply or pertain to the PREMISES, LESSEE's use of the PREMISES or of the facilities of the AIRPORT. LESSEE acknowledges that the presence of Hazardous Substances may permanently and materially impair the value and use of the PREMISES. E. LESSEE shall promptly notify LESSOR if LESSEE knows, suspects or believes that there may be any Hazardous Substances in or around the PREMISES, or other release of Hazardous Materials in the soil, groundwater or soil vapor on or under the PREMISES, or that occurs during LESSEE or the Term of this Lease, at hangar may be subject to any threatened or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires pending investigation by any governmental authorities having jurisdiction over agency under any statute, code, regulation, rule, ordinance, order or other law pertaining to any Hazardous Substances. ▇. ▇▇▇▇▇▇ and its agents and representatives shall have the Premisesright, upon being given reasonable notice by the LESSOR, to enter and visit the PREMISES to make observations of the hangar, take and remove soil or groundwater samples, and conduct tests. Tenant's obligations and LESSOR is under no duty, however, to visit or observe the indemnity hereunder PREMISES or to conduct tests. No site visit, observation or testing by LESSOR shall survive the expiration result in a waiver of any default of LESSEE or earlier termination of this Leaseimpose any liability on LESSOR. The term In no event shall any site visit, observation or testing by LESSOR be a representation that Hazardous Materials as used herein shall include any chemicalSubstances are or are not present in, substanceon, or material which under the PREMISES or that there has been compliance with any statute, code, regulation, rule, ordinance, order or other law pertaining to Hazardous Substances. Neither LESSEE nor any other party is hereafter determined entitled to rely on any site visit, observation or testing by LESSOR. LESSOR shall not be obligated to disclose to LESSEE or any federal, stateother party any report or finding made as a result, or local governmental agency in connection with, any site visit, observation or testing by LESSOR. In each instance, LESSOR shall give LESSEE reasonable notice before entering the PREMISES. LESSOR shall make reasonable efforts to avoid interfering with LESSEE’s use of the PREMISES in exercising any right provided in this Section. G. LESSEE must prepare and maintain to the satisfaction of the fire official with jurisdictional authority a "Business Response Plan" in accordance with Section 25500 et seq. of the Health and Safety Code. Said plan must be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, kept current and radon gason file in the Airport Manager’s office.

Appears in 1 contract

Sources: Hangar Agreement

Hazardous Materials. Tenant shall not, and shall not cause direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the “Tenant Entities”) to occur (i) at any violation of applicable Laws now or hereafter enacted or issuedtime handle, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, store or disposal dispose of any Hazardous Materials on, under, in or about the Premises or the Building any (collectively “Hazardous Materials”) flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the transportation keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or from ordinances (collectively “Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building of and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, except de minimis amounts Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that are commonly used in office products or are present in ordinary cleaning supplies. All Tenant shall always handle, store, use, and dispose of any such office products and cleaning supplies will be used and stored Hazardous Materials in a safe and lawful manner that complies with all Lawsand never allow such Hazardous Materials to contaminate the Premises, Building and appurtenant land or the environment. Tenant shall at its own expense make protect, defend, indemnify and hold each and all submissions toof the Landlord Parties (defined in Section 10.1 of the Lease) harmless from and against any and all loss, provide all information required byclaims, liability or costs (including court costs and attorney’s fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, dischargeapplicable Environmental Laws, or other release of Hazardous Materials that occurs during the Term of this Lease at presence, handling, use or disposition in or from the Premises which arises at of any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the Term provisions of this Lease), at or from the Premises which arises at by reason of any time from Tenant's use actual or occupancy asserted failure of Tenant to keep, observe, or perform any provision of this Article. The provisions of this Article 6 shall supercede any other provision of the Premises or from Tenant's failure Lease imposing requirements on Tenant with respect to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasMaterials.

Appears in 1 contract

Sources: Lease Amendment (WPT Enterprises Inc)

Hazardous Materials. Tenant Lessee shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials onMaterial (as hereinafter defined) to be brought upon, under, kept or used in or about the Premises or the Building by Lessee, its agents, principals, employees, assigns, sublessees, contractors, consultants or invitees without the prior written consent of Lessor, which consent may be withheld for any reason whatsoever or for no reason at all. If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or around the Building caused or permitted by Lessee (or the transportation aforesaid others) results in (a) any contamination of the Premises, the Building, the surrounding area(s), the soil or surface or ground water or (b) loss or damage to person(s) or from property, or if contamination of the Premises or the Building of or the surrounding area(s) by Hazardous Material otherwise occurs for which Lessee is legally or factually liable or responsible to Lessor (or any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required party claiming by, through or under Lessor) for damages, losses, costs or expenses resulting therefrom, then Lessee shall fully and comply with completely indemnify, defend and hold harmless Lessor (or any party claiming by, through or under Lessor) from any and all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over claims, judgments, damages, penalties, fines, costs, liabilities or losses [including, without limitation: (i) diminution in the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy value of the Premises and/or the Building and/or the land on which the Building is located and/or any adjoining area(s) which Lessor owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space in any amenity of the Premises, the Building or the land on which the Building is located; (iii) damages arising from acts or omissions any adverse impact on marketing of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare space; and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, (iv) any sums paid in settlement of claims, liabilitiesreasonable attorneys’ and paralegals’ fees (whether incurred in court, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of court, on appeal or in any way connected with any deposit, spill, discharge, bankruptcy or other release of Hazardous Materials that occurs administrative proceedings) consultants fees and expert fees] which arise during or after the Term of this Lease, at as may be extended, as a consequence of such contamination. This indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or from any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the Premises which arises at any time from Tenant's use soil or occupancy of ground water on or under the Premises or from Tenant's failure the Building. Without limiting the foregoing, if the presence of any Hazardous Material on, under or about the Premises, the Building or the surrounding area(s) caused or permitted by Lessee (or the aforesaid others) results in (a) any contamination of the Premises, the Building, the surrounding area(s), the soil or surface or ground water or (b) loss or damage to provide all informationperson(s) or property, make all submissionsthen Lessee shall immediately notify Lessor of any contamination, claim of contamination, loss or damage and, after consultation and approval by Lessor, take all steps requires by any governmental authorities having jurisdiction over actions at Lessee’s sole expense as are necessary or appropriate to return the Premises, the Building, the surrounding area(s) and the soil or surface or ground water to the condition existing prior to the introduction of any such Hazardous Material thereto, such that the contaminated areas are brought into full compliance with all applicable statutory regulations and standards. Tenant's The foregoing obligations and the indemnity hereunder responsibilities of Lessee shall survive the expiration or earlier termination of this Lease. The As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as used herein shall include any chemical, substancehazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law. “Hazardous Material” includes any and all material or substances which has been are defined as “hazardous waste,” “extremely hazardous waste” or a “hazardous substance” pursuant to local, state or federal governmental law. “Hazardous substance” includes, but is hereafter determined not restricted to, asbestos, polychlorobiphenyls (“PCB’s”), petroleum, any and all material or substances which are classified as “biohazardous” or “biological waste” (as such terms are defined by any Florida Administrative Code (“F.A.C.”) Chapter 17-712, as amended from time to time), and extremely “hazardous waste” or “hazardous substance” pursuant to federal, state, state or local governmental agency law. Lessor and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Lessee is complying with the terms of this Lease. If Lessee is not in compliance with this Lease, Lessor shall have the right to immediately enter upon the Premises to remedy any contamination caused by Lessee’s failure to comply, notwithstanding any other provision of this Lease. Lessor shall use its best efforts to minimize interference with Lessee’s business, but shall not be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasliable for any interference caused thereby.

Appears in 1 contract

Sources: Lease Agreement (Alynx, Co.)

Hazardous Materials. Tenant shall not cause or permit Landlord represents and warrants that, to occur the best of Landlord’s knowledge, no release (ias hereafter defined) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about Hazardous Materials has occurred in the Premises arising from Tenant's leasehold interest or that Hazardous Materials are otherwise present in or use or occupancy of the Premises includingand/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, soil state and/or local statutes, regulations, rules and/or ordinances, and groundwater conditions and (ii) with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, generation, release, manufacture, refiningcollection, productiontreatment, processingdisposal, storage, control, removal or clean up of Hazardous Materials (“Environmental Laws”). To the extent any Hazardous Materials are present in, at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for removing or otherwise monitoring or remediating such Hazardous Materials as required by, and in full compliance with, all Environmental Laws at no cost to Tenant. Tenant shall indemnify, protect, defend and hold Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and against any and all costs, fees, damages, losses, expenses and/or liabilities of any kind or nature in any way related to the existence, removal, transportation or disposal of any Hazardous Materials onin, underat, on or about the Premises Property caused by Tenant or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or ’s invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless contractors, subtenants or licensees. If any action or proceeding is brought against any of the Landlord Indemnities by reason of such claim, Tenant, upon notice from all finesany of the Landlord Indemnities, suitsshall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, proceduresfees, claimsdamages, liabilitieslosses, and actions of every kindexpenses, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or and/or liabilities in any way connected connection with any deposit, spill, discharge, or other a release of Hazardous Materials that occurs during the Term by Tenant or any of this LeaseTenant’s agents, at employees, contractors, subtenants or licensees, Tenant shall pay such costs, fees and/or expenses within thirty (30) days of written request from the Premises which arises at affected Landlord Indemnities. Other than in the case of an emergency, Landlord shall not incur any time from Tenant's use fees or occupancy of the Premises or from Tenant's failure costs before notifying Tenant that it is likely to provide all information, make all submissions, incur such fees and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gascosts unless Tenant takes corrective action.

Appears in 1 contract

Sources: Lease Agreement (MCT Holding Corp)

Hazardous Materials. (a) Tenant shall not (either with or without negligence) cause or permit to occur the escape, disposal, release or threat of release of any biologically or chemically active or other Hazardous Materials (ias said term is hereafter defined) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underin, upon or about under the Premises arising from Tenant's leasehold interest in Property or use or occupancy of the Premises including, soil and groundwater conditions and (ii) Premises. Tenant shall not allow the use, generation, release, manufacture, refining, production, processing, storage, use or disposal of any such Hazardous Materials onin any manner not sanctioned by law or by the highest standards prevailing in the industry for the generation, understorage, or about the Premises or the Building or the transportation to or from the Premises or the Building use and disposal of any such Hazardous Materials, except de minimis amounts of nor allow to be brought into the Property any such Hazardous Materials that are commonly used except for use in office products or are present in the ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required bycourse of Tenant's business, and comply with all requirements then only after written notice is given to Landlord of all governmental authorities under Laws relating to the identity of such Hazardous Materials. Should If any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared agency shall ever require testing to ascertain whether or that remediation be undertaken because of not there has been any deposit, spill, discharge, or other release of Hazardous Materials that occurs during Materials, then the Term of this Lease at or from reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges but only if such requirement is the Premises which arises at any time from Tenant's use or occupancy result of the Premises or from acts or omissions of Tenant. In addition, its agentsTenant shall execute reasonable affidavits, employeesrepresentations and the like, representativesfrom time to time, or invitees, then at Landlord's reasonable request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Materials on the Premises. The Tenant shall, at its own expense, prepare remove, clean up, remedy and submit dispose of (in compliance with all applicable laws, rules and regulations) all Hazardous Materials generated or released by the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, or its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all finescontractors, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of servants or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs agents during the Term of this LeaseLease (or during such term as the Tenant is in occupancy or possession of any part of the Premises, the Building or the Property) at or from the Premises which arises at any time Premises, the Building or the Property in compliance with all Environmental Laws (as said term is hereafter defined) and further, shall remove, clean up, remedy and dispose of all Hazardous Materials located at, upon, under, within or in the Premises, the Building or the Property generated by or resulting from Tenant's use operations, activities or processes during the term of this Lease (or such other periods of time as the Tenant may be in occupancy or in possession of the Premises or from Tenant's failure any portion of the Property or Building), in compliance with all Environmental Laws. In performing its obligations hereunder, the Tenant shall use best efforts to provide all information, make all submissions, avoid interference with the use and take all steps requires by any governmental authorities having jurisdiction over enjoyment of the Premises. Tenant's obligations Building and the indemnity hereunder Property by other tenants and occupants thereof. The provisions hereof shall survive the expiration or earlier termination of this Lease. The term Tenant shall indemnify, defend and save harmless the Landlord, the Manager and their respective officers, directors and shareholders from and against all loss, costs, damages, claims, proceedings, demands, liabilities, In addition to the requirements set forth above, the Tenant shall, within ten (10) days of receipt, provide to the Landlord copies of any inspection or other reports, correspondence, documentation, orders, citations, notices, directives, or suits from or by any governmental authority or insurer regarding non-compliance with or potential or actual violation of Environmental Laws. Subject to the requirements of Section 11.1 hereof, the Landlord hereby expressly reserves the right to enter the Premises and all other portions of the Building and the Property at reasonable times in order to perform inspections and testing of the air, soil and groundwater for the presence or existence of Hazardous Materials. It is agreed and understood that in the event that Hazardous Materials as used herein are discovered on the Premises during the course of performance of Landlord's Work, then, unless such Hazardous Material is present due to the acts of Tenant or Tenant's agents, employees or contractors, (i) the Landlord shall include remove same to the extent required by law at Landlord's sole expense and (ii) any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency delays in the Substantial Completion Date and the Construction Completion Date shall not be deemed to be capable the result of posing a risk Tenant's Delay for purposes of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasSection 4.4 of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cyrk Inc)

Hazardous Materials. Tenant shall not cause transport, use, store, maintain, generate, manufacture, handle, dispose, release or permit to occur discharge any "Hazardous Material" (ias defined below) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, upon or about the Premises arising from Property, nor permit Tenant's leasehold interest in or use or occupancy employees, agents, contractors, and other occupants of the Premises includingto engage in such activities upon or about the Property. However, soil the foregoing provisions shall not prohibit the transportation to and groundwater conditions from, and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials onmaintenance and handling within, under, or about the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Building Premises under Article 6), provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises, strictly in accordance with applicable Law and the manufacturers' instructions therefor, (b) such substances shall not be disposed of, released or discharged on the transportation Property, and shall be transported to or and from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies compliance with all applicable Laws. , and as Landlord shall reasonably require, (c) if any applicable Law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at its own Tenant's expense make all submissions to, provide all information required byfor such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord), and comply with all requirements shall ensure that disposal occurs frequently enough to prevent unnecessary storage of all governmental authorities under Laws relating to Hazardous Materials. Should such substances in the Premises, and (d) any governmental entity having jurisdiction over the Premises demand that a remediation plan remaining such substances shall be prepared or that remediation be undertaken because of any depositcompletely, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or properly and lawfully removed from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the Property upon expiration or earlier termination of this Lease. The term Tenant shall promptly notify Landlord of: (i) any enforcement, cleanup or other regulatory action taken or threatened by any governmental or regulatory authority with respect to the presence of any Hazardous Material on the Premises or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any party against Tenant or the Premises relating to any loss or injury resulting from any Hazardous Material, (iii) any release, discharge or nonroutine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Premises, and (iv) any matters where Tenant is required by Law to give a notice to any governmental or regulatory authority respecting any Hazardous Materials on the Premises. Landlord shall have the right (but not the obligation) to join and participate, as used herein shall include a party, in any chemicallegal proceedings or actions affecting the Premises initiated in connection with any environmental, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleumLaw. At such times as Landlord may reasonably request, asbestosTenant shall provide Landlord with a written list identifying any Hazardous Material then used, polychlorinated biphenylsstored, radioactive materialsor maintained upon the Premises, the use and radon gas.approximate quantity of each such material, a copy of any material safety data sheet ("MSDS") issued by the manufacturer therefor, written information

Appears in 1 contract

Sources: Office Lease (Bluestar Communications Group Inc)

Hazardous Materials. (a) Tenant shall not cause or permit to occur represents, warrants and agrees that: (i) any violation of applicable Laws now or hereafter enacted or issuedduring the Term, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts Property shall be kept free of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to(as defined herein), provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time arising from Tenant's use or occupancy of the Premises or from acts or omissions Property (and that of Tenant, its agents, employees, representativescontractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant's business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. process Hazardous Materials; (ii) Tenant shall indemnifynot cause or permit the installation of Hazardous Materials in, defendon, protectover or under the premises or a Release (hereinafter defined) of Hazardous Materials onto or from the property or suffer the presence of Hazardous Materials in, on, over or under the Property; (iii) Tenant shall comply with, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, insure compliance by Tenant's agents, employees, contractors, and lenders invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant's sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the Property and Tenant shall conduct and complete all investigations, studies, sampling and testing, and all remedial soil removal, and other actions necessary to clean up and remove all Hazardous Materials, on from or affecting the Property in accordance with all applicable Environmental laws. (b) Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all finesliens, demands, actions, suits, proceduresproceedings, claimsdisbursements, liabilities, and actions of every kindlosses, and all costs associated therewith litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including investigation costs without limitation, reasonable attorney and attorneys' expert fees and consultants' feesexpenses) arising out and claims of any and every kind whatsoever paid, incurred, suffered by or in any way connected asserted against Landlord and/or the Property for, with any depositrespect to, spillor as a direct or indirect result of the following: (i) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or other release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord reasonably suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the Property is not free of Hazardous Materials for any reason, Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or deny such occurrences, including, without limitation, the preparation of environmental studies, surveys or reports. In the event Tenant fails to take such action, Landlord may take such action as Landlord reasonably deems necessary, and the cost and expenses of all actions taken by Landlord, including, without limitation, Landlord's reasonable attorney's fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to Landlord for the presence or release of Hazardous Materials that occurs during at, within, or around the Term Property or for the violation of this Lease, at or from any Environmental Laws (i) which existed prior to the Premises which arises at any time from commencement of Tenant's use or occupancy of the Premises Property or (ii) which was not caused in whole or in part by Tenant or its agents, employees, officers, partners, contractors, or invitees. (c) Landlord hereby agrees to indemnify Tenant and hold Tenant harmless from Tenant's failure and against any and all liens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including without limitation, reasonable attorney and expert fees and expenses) and claims of any and every kind whatsoever paid, incurred, suffered by or asserted against Tenant and/or the Property for, with respect to, or as a direct or indirect result of the following: (i) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials prior to provide all informationthe Commencement Date or (ii) the presence in, make all submissionson, and take all steps requires over or under, or the escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials occurring on the Property as a result of the use of the Property by any governmental authorities having jurisdiction over Landlord or the Premises. Tenant's obligations employees, agents, tenants, licensees, or invitees of Landlord in connection with the use of the Stadium Property and the indemnity hereunder shall survive easement set forth in Exhibit C hereof. (d) For the expiration or earlier termination purposes of this Lease. The term : (i) "Hazardous Materials as used herein shall include Material" or "Hazardous Materials" means and includes petroleum products, flammable explosives, radioactive materials, asbestos or any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, containing asbestos, polychlorinated biphenyls, radioactive materialsand/or any hazardous, toxic or dangerous waste, substance or material defined as such or defined as a Hazardous Substance or any similar term, by, in, or for the purposes of the Environmental Laws, including, without limitation section 101(14) of CERCLA (hereinafter defined); (ii) "Release" shall have the meaning given such term, or any similar term, in the Environmental Laws, including, without limitation, Section 101(22) of CERCLA; and (iii) "Environmental Law" or "Environmental Laws" shall mean any "Super Fund" or "Super Lien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials as may now or at any time hereafter be in effect, including, without limitation, the following, as same may be amended or replaced from time to time, and radon gasall regulations promulgated thereunder or in connection therewith: The Super Fund Amendments and Reauthorization Act of 1986 ("▇▇▇▇"); The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"); The Clean Air Act ("CAA"); the Clean Water Act ("CWA"); The Toxic Substances Control Act ("TSCA"); The Solid Waste Disposal Act ("SWDA"), as amended by the Resource Conservation and Recovery Act ("RCRA"); the Hazardous Waste Management System; and the Occupational Safety and Health Act of 1970 ("OSHA"). The obligations and liabilities of Tenant under this Paragraph shall survive this Lease and any eviction of, or abandonment by, the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Blackbaud Inc)

Hazardous Materials. Tenant (a) Borrower shall keep and maintain the Development in compliance with, and shall not cause or permit the Development to occur (i) any be in violation of applicable Laws now any federal, state or hereafter enacted local laws, ordinances or issued, related regulations relating to industrial hygiene or to the environmental conditions on, under or about the Development including, but not limited to, soil and ground water conditions. Borrower shall not use, generate, manufacture, store or dispose of on, under, or about the Premises arising Development or transport to or from Tenant's leasehold interest the Development any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," or use "toxic substances" under any applicable federal or occupancy state laws or regulations (collectively referred to hereinafter as "Hazardous Materials") except such of the Premises includingforegoing as may be used in construction of the Development or customarily kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of: (i) any and all enforcement, soil and groundwater conditions cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Borrower or the Development pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Borrower or the Development relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development that could cause the Development or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Development under any Hazardous Materials Law. (c) The County shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Borrower. Borrower shall indemnify and hold harmless the County and its commissioners, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, manufacturethreatened release, refiningdischarge, production, processing, storagedisposal, or disposal presence of any Hazardous Materials on, under, or about the Premises Development including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Building Development and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by the transportation County in connection with clauses (a) and (b), including but not limited to or from reasonable attorneys' fees. This obligation to indemnify shall survive termination of this Agreement. (d) Without the Premises or County's prior written consent, which shall not be unreasonably withheld, Borrower shall not take any remedial action in response to the Building presence of any Hazardous MaterialsMaterials on, except de minimis amounts under or about the Development, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's reasonable judgment, impair the value of the County's security hereunder; provided, however, that the County's prior consent shall not be necessary in the event that the presence of Hazardous Materials on, under, or about the Development either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that are commonly used an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in office products such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if either: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or are present may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the reasonable satisfaction of the County that there is no reasonable alternative to such remedial action which would result in ordinary cleaning suppliesless impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (e) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower's response) concerning the environmental condition of the Development as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Development is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (f) In the event that any portion of the Development is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (1) waive its lien on such environmentally impaired or affected portion of the Development; and (2) exercise, (a) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (b) any other rights and remedies permitted by law. All such office products and cleaning supplies will For purposes of determining the County right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower shall be used and stored deemed to have willfully permitted or acquiesced in a manner that complies with all Laws. Tenant shall at its own expense make all submissions torelease or threatened release of hazardous materials, provide all information required bywithin the meaning of California Code of Civil Procedure Section 726.5(d)(1), and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over if the Premises demand that a remediation plan be prepared release or that remediation be undertaken because of any deposit, spill, discharge, or other threatened release of Hazardous Materials that occurs during was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Term Development and Borrower knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the County in connection with any action commenced under this Lease paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Development is environmentally impaired, plus interest thereon at or from the Premises which arises rate specified in the Note until paid, shall be added to the indebtedness secured by the Deed of Trust and shall be due and payable to the County upon its demand made at any time from Tenant's use or occupancy following the conclusion of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gassuch action.

Appears in 1 contract

Sources: Loan Agreement

Hazardous Materials. Without limiting the generality of the provisions of this Article 9, Tenant, at its sole cost and expense, shall comply with all statutes, ordinances, rules and regulations of governmental authorities relating to the storage, use, transportation, release and/or disposal of radioactive materials, hazardous waste, toxic or contaminated substances or similar materials, including, without limitation, any substances which are “hazardous substances” , “hazardous waste”, “hazardous materials” or “toxic substances” under applicable federal, state and local environmental statutes, ordinances, rules or regulations (collectively, “Hazardous Materials”). Tenant shall not cause store, use, transport, release or permit to occur (i) dispose of any violation of applicable Laws now or hereafter enacted or issuedHazardous Materials in, related to environmental conditions on, under, from or about the Premises without the prior written consent of Landlord. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and its officers, directors, shareholders, partners, members, agents, employees, contractors, invitees, representatives, successors and assigns harmless from and against any and all losses, costs, claims, damages, liabilities and causes of action, including attorneys’ fees, arising from Tenant's leasehold interest out of or in or use or occupancy of connection with the Premises includingstorage, soil and groundwater conditions and (ii) the use, generationtransportation, release, manufacture, refining, production, processing, storage, release or disposal of Hazardous Materials by Tenant, its employees, agents, contractors or invitees, including any claims for the clean-up or remediation of any Hazardous Materials. Tenant shall give to Landlord written notice of any communication received by Tenant from any governmental authority or other party alleging the existing of Hazardous Materials in, on, under, under or about the Premises or the Building Building, or the transportation any alleged violation of environmental laws with respect to or from the Premises or the Building of Building. Without limiting any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term provision of this Lease, at or from Tenant shall provide Landlord with access to the Premises which arises at during all reasonable times in order to enable Landlord to conduct any time from Tenant's use inspection, monitoring, remediation, removal or occupancy repair relating to the presence or alleged presence of Hazardous Materials in, on under or about the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasBuilding.

Appears in 1 contract

Sources: Office Lease (Jaguar Health, Inc.)

Hazardous Materials. (a) Tenant shall not cause bring or permit to occur ------------------- remain on the Premises or the Project, or allow any of Tenant's Agents to bring or permit to remain on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation ("Hazardous Materials"), except for routine office and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. Tenant shall not install or operate any underground storage tanks on or under the Premises or the Project. Tenant's violation of the foregoing prohibitions shall constitute a material breach and default hereunder and Tenant shall indemnify, protect, hold harmless and defend (by counsel acceptable to Landlord) Landlord, and its Agents and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys' fees and court costs) caused by or arising out of (i) any a violation of applicable Laws now the foregoing prohibition or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, presence or disposal release of any Hazardous Materials on, underfrom, under or about the Premises, the Project or other properties as the direct or indirect result of Tenant's occupancy of the Premises. Tenant, at its sole cost and expense, shall clean up, remove, remediate and repair any soil or groundwater contamination or other damage or contamination in conformance with the requirements of applicable law caused by the presence or any release of any Hazardous Materials in, on, from, under or about the Premises during the term of this Lease. Neither the written consent of Landlord to the presence of the Hazardous Materials, nor Tenant's compliance with all laws applicable to such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant shall immediately give Landlord written notice (i) of any suspected breach of this section, (ii) upon learning of the presence or the Building or the transportation to or from the Premises or the Building any release of any Hazardous Materials, except de minimis amounts of or (iii) upon receiving any notices from governmental agencies or other parties pertaining to Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over may affect the Premises. Tenant's Landlord shall have the right from time to time, but not the obligation, to enter upon the Premises to conduct such inspections and undertake such sampling and testing activities as Landlord deems necessary or desirable to determine whether Tenant is in compliance with this provision. The obligations and the indemnity of Tenant hereunder shall survive the expiration or earlier termination termination, for any reason, of this Lease. (b) Landlord shall indemnify, defend and hold harmless Tenant from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, losses and attorneys' fees to the extent caused by Landlord or its Agents and (i) arising out of or in connection with the existence of Hazardous Materials on the Premises, Building or Project; or (ii) relating to any clean up or remediation required under any environmental laws. The term Hazardous Materials as used herein obligations of Landlord hereunder shall include survive the expiration of earlier termination, for any chemicalreason, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasthis Lease.

Appears in 1 contract

Sources: Commercial Office Lease (Compumed Inc)

Hazardous Materials. Without limiting the generality of the provisions of this Article 9, Tenant, at its sole cost and expense, shall comply with all statutes, ordinances, rules and regulations of governmental authorities relating to the storage, use, transportation, release and/or disposal of radioactive materials, hazardous waste, toxic or contaminated substances or similar materials, including, without limitation, any substances which are “hazardous substances” , “hazardous waste”, “hazardous materials” or “toxic substances” under applicable federal, state and local environmental statutes, ordinances, rules or regulations (collectively, “Hazardous Materials”). Tenant shall not cause store, use, transport, release or permit to occur (i) dispose of any violation of applicable Laws now or hereafter enacted or issuedHazardous Materials in, related to environmental conditions on, under, from or about the Premises without the prior written consent of Landlord. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and its officers, directors, shareholders, partners, members, agents, employees, contractors, invitees, representatives, successors and assigns harmless from and against any and all losses, costs, claims, damages, liabilities and causes of action, including attorneys’ fees, arising from Tenant's leasehold interest out of or in or use or occupancy of connection with the Premises includingstorage, soil and groundwater conditions and (ii) the use, generationtransportation, release, manufacture, refining, production, processing, storage, release or disposal of Hazardous Materials by Tenant, its employees, agents, contractors or invitees, including any claims for the clean-up or remediation of any Hazardous Materials. Tenant shall give to Landlord written notice of any communication received by Tenant from any governmental authority or other party alleging the existing of Hazardous Materials in, on, under, under or about the Premises or the Building Building, or the transportation any alleged violation of environmental laws with respect to or from the Premises or the Building of Building. Without limiting any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term provision of this Lease, at or from Tenant shall provide Landlord with access to the Premises which arises at during all reasonable times in order to enable Landlord to conduct any time from Tenant's use inspection, monitoring, remediation, removal or occupancy repair relating to the presence or alleged presence of Hazardous Materials in, on under or about the Premises or from the Building. Notwithstanding the above, Tenant's failure ’s obligation to provide all informationcomply with environmental laws does not apply to any pre-existing contamination, make all submissions, including remediation of any existing asbestos. And Landlord will defend and take all steps requires indemnify Tenant against any claims related to pre-existing contamination and contamination caused by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasLandlord-related party.

Appears in 1 contract

Sources: Office Sublease Agreement (Jaguar Health, Inc.)

Hazardous Materials. Tenant shall not (i) cause or permit any Hazardous Materials to occur be brought into or onto the Center, (ii) cause or permit the storage, handling, or use of Hazardous Materials in any manner not permitted by any Requirements, or (iii) cause or permit the escape, disposal or release of any Hazardous Materials within or in the vicinity of the Center. Nothing herein shall be deemed to prevent Tenant's use of commercially available cleansers which may contain Hazardous Materials; provided that (i) any violation such cleansers are ordinarily and customarily used in the operation of applicable Laws now or hereafter enacted or issuedhealth club facilities, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the useany such use is in accordance with all Requirements. Tenant shall be responsible, generationat its expense, release, manufacture, refining, production, processing, storagefor all matters directly or indirectly based on, or disposal arising or resulting from, the actual or alleged presence of any Hazardous Materials onin the Premises, under, or about the Premises or the Building or the transportation to Center which arises out of or results from Tenant, Tenant's use of the Premises Premises, those acting on behalf of Tenant or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all LawsTenant Party. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements to Landlord copies of all governmental authorities under Laws communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and any claims made in connection therewith. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared Landlord or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy its agents may perform environmental inspections of the Premises at any time. Without limitation, Tenant agrees (A) to notify Landlord immediately of any contamination, claim of contamination, loss or from acts or omissions of Tenantdamage in connection with Hazardous Materials, its agents(B) after consultation with and approval by Landlord, employeesto clean up the contamination in full compliance with applicable Requirements, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall (C) to indemnify, defend, protect, defend and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders Landlord harmless from all finesand against any claims, suits, procedurescauses of action, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and fees, including attorneys' and consultants' fees) , arising out of or resulting from any such contamination, claim of contamination, loss or damage. No consent or approval of Landlord shall in any way connected with be construed as imposing upon Landlord any depositliability for the means, spillmethods or manner of removal, discharge, containment or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gascompliance with applicable Requirements.

Appears in 1 contract

Sources: Lease (Sports Club Co Inc)

Hazardous Materials. Landlord and Tenant shall not cause or permit agree as follows with respect to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in existence or use or occupancy of Hazardous Materials on the Premises includingProperty: A. Any handling, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processingtransportation, storage, treatment, disposal or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts use of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of by Tenant, its agents, employees, representativescontractors or invitees after the Effective Date of this Lease in or about the Premises, Building or invitees, then Tenant shall, at its own expense, prepare and submit the required plansLand shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend, protectdefend upon demand with counsel reasonably acceptable to Landlord, and hold Landlordharmless landlord from and against any and all liabilities, its partnerslosses, officersclaims, directorsdamages, beneficiarieslost profits, shareholdersconsequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Premises, Building or Land by Tenant, Tenant's agents, employees, contractors or Invitees in violation of Hazardous Materials Laws after the Effective Date. B. If the presence of Hazardous Materials on the Premises, Building or Land caused or permitted by Tenant, Tenant's agents, employees, contractors, or Invitees in violation of Hazardous Materials Laws after the Effective Date of this Lease results in contamination or deterioration of water or soil or any other part of the Premises, Building or Land then Tenant shall promptly take any and lenders all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against all fines, suits, procedures, claims, costs and liabilities, including reasonable attorney's fees and actions of every kindcosts, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected connection with any depositinvestigation and remediation (including investigative analysis, spillremoval, dischargecleanup, and/or restoration work) required hereunder to return the Premises, Building or Land to their condition existing prior to the appearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, Building or Land, and (ii) any contamination of the Premises, Building or Land by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant acknowledges that Landlord, as the owner of the Premises, Building and Land, at Landlord's election, shall have the sole right at Tenant's expense to negotiate, defend, approve, and/or appeal any action taken or order issued with regard to Hazardous Materials by any applicable governmental authority. Tenant may use small quantities of household and office chemicals such as adhesive, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises, Building or Land (or any portion thereof) and which Landlord consents in writing may be brought onto the Premises, Building or Land. In granting Landlord's consent, Landlord may specify the location and manner or use, storage, or handling of any Hazardous Material. Landlord's consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to Tenant's first bringing any Hazardous Material on the Premises, Building or Land. Tenant shall provide Landlord with a list of all Hazardous Materials and the quantities of each Hazardous Material to be stored, or used, on any portion of the Property, and upon Landlord's request Tenant shall provide Landlord with copies of any and all Hazardous Materials Management Plans, Material Safety Data Sheets, Hazardous Waste Manifests, and other release documentation required by Hazardous Materials Laws to be maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Premises, Building or Land. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that occurs during are being used by Tenant on the Term Premises, Building or Land (or have been used by Tenant on the Premises, Building or Land), the nature of this Leasesuch use, at or from and the Premises which arises at any time from Tenant's manner of storage and disposal. D. Landlord may cause testing well▇ ▇▇ be installed on the Land and may cause the ground water to be tested to detect the presence of Hazardous Material by the use or occupancy of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the Premises or from Tenant's failure installation, maintenance, repair and replacement of such well▇ ▇▇▇ll be paid by Tenant if such tests disclose the existence of facts which give rise to provide all informationliability of Tenant pursuant to its indemnity given in A and/or B above. Landlord at its sole cost may retain consultants to inspect the Property, make all submissionsconduct periodic environmental audits, and take all steps requires review any information provided by any governmental authorities having jurisdiction over Tenant. Tenant shall pay the Premises. Tenantreasonable cost of fees charged by Landlord and/or Landlord's obligations consultants if such inspections or audits disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Paragraphs 20.A. and the indemnity hereunder shall survive B. above. E. Upon the expiration or earlier termination of this the Lease. The term , Tenant, at its sole cost, shall remove all Hazardous Materials from the Premises that it brought onto the Premises pursuant to Subparagraph C. hereof and shall, if required by Hazardous Materials Laws, provide a certificate to Landlord from a registered consultant reasonably satisfactory to Landlord, certifying that Tenant has caused no contamination of building(s), soil or ground water in or about the Premises, Building and or Land. If Tenant fails to so surrender the Premises, Building or Land, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, Building or Land as required by this Subsection, including, without limitation, any claims or actual, but not consequential, damages in connection with the condition of the Premises, Building or Land, excluding, damages occasioned by the inability to lease the Premises, Building or Land (or any portion thereof) or a reduction in the fair market and/or rental value of the Premises, Building or Land. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials used, stored, handled, transported or disposed of by Tenant or its agents, employees, contractors or invitees in violation of Hazardous Materials Laws from the Premises, Building or Land, and such action is not completed prior to the expiration or earlier termination of the Lease, Tenant shall be deemed to have held over until such time as such required action is completed, and Tenant shall pay rent and Additional Rent in accordance with the terms of Paragraph 24 (Holding Over). In addition, Landlord shall be entitled to all damages directly incurred in connection with such holding over, excluding, without limitation, damages occasioned by the inability to Lease the Premises, Building or Land or a reduction of the fair market value and/or rental of the Premises, Building or Land. F. As used herein shall include herein, the term "Hazardous Materials(s)" means any chemical, hazardous or toxic substance, material, or material waste, which has been is or is hereafter determined becomes regulated by any federal, state, regional or local governmental agency to be capable authority because it is in any way hazardous, toxic, carcinogenic, mutagenic or otherwise adversely affects any part of posing a risk the environment or creates risks of injury to health any such hazards or safety including effects, including, but not limited to, petroleum, ; asbestos, and polychlorinated biphenylsbipheyls and any material, radioactive materialssubstance, and radon gas.or waste (a) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117

Appears in 1 contract

Sources: Lease Agreement (Tessera Inc)

Hazardous Materials. Tenant Sublessee shall not use or allow the use of the Premises in a manner that may cause "Hazardous Materials" (as defined herein) to be released or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions become present on, under, or about the Premises arising or other properties in the vicinity of the Premises, in any manner which is in violation of any "Environmental Laws" (as hereinafter defined). Sublessee shall remove any of its Hazardous Materials from Tenantthe Premises by whatever lawful means and procedures are necessary to achieve this result. (a) Sublessee shall keep, operate, and maintain the Premises in compliance with all "Environmental Laws" (as hereinafter defined) and shall not cause or permit the Premises to be in violation of any Environmental Laws. (b) Sublessee and Sublessee Parties shall not install, use, or operate any aboveground or underground storage tanks on the Premises unless specifically approved in advance in writing by Sublessor, which approval may be withheld in Sublessor's leasehold interest sole discretion. (c) Sublessee shall give immediate written notice to Sublessor of: (i) Any enforcement, remediation, or other regulatory action or order taken or threatened by any Government Entity regarding, or in connection with, the presence, release, or threat of release of any Hazardous Material on, under, about, or from the Premises, or from any tank on the Premises, or otherwise resulting from Sublessee's or Sublessee Parties' use of or occupancy activities on the Premises; (ii) All demands or claims made or threatened by any third party against Sublessee and/or Sublessee Parties or the Premises relating to any liability, loss, damage, or injury resulting from the presence, release, or threat of release of any Hazardous Materials on, under, about or from the Premises, or otherwise resulting from Sublessee's or Sublessee Parties' use of or activities on the Premises; (iii) Any known significant spill, release, or discharge of a Hazardous Material on, under, about or from the Premises, including, without limitation, any such spill, release or discharge required to be reported to any Government Entity under any Environmental Law; (iv) All incidents or matters where Sublessee or Sublessee Parties are required to give notice to any Government Entity pursuant to any Environmental Law. (d) If any Hazardous Material is released by Sublessee or Sublessee Parties on, under or about the Premises, Sublessee shall promptly take, at its sole expense, all actions necessary to return the Premises (and any properties in the vicinity of the Premises including, soil affected thereby) to the condition existing prior to the introduction of such Hazardous Materials. Sublessee shall conduct such actions in compliance with Environmental Laws and groundwater conditions and the requirements of any Government Entity involved. (iie) the use, generation, release, manufacture, refining, production, processing, storageIf Sublessor has reason to believe that Sublessee or Sublessee Parties have caused or permitted a release of Hazardous Materials that results in, or disposal threatens to result in, the presence of any Hazardous Materials on, under, or about the Premises or properties in the Building vicinity of the Premises, or that threatens public health or safety or the transportation environment, or that is not in compliance with any applicable Environmental Law or requirement of this Sublease, Sublessor may demand that Sublessee promptly take action with respect thereto. If Sublessee does not respond within thirty (30) days (or, in the case of an emergency, as soon as practicable but not less than three days), then Sublessor shall have the right, but not the obligation, to or from enter onto the Premises and take all actions reasonably necessary to investigate and fully remediate such release or the Building of any Hazardous Materialsnoncompliance. If such investigation reveals a release caused or permitted by Sublessee or Sublessee Parties, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs shall be at Sublessee's sole expense, which sums, together with interest at the Interest Rate, shall be immediately due and attorneys' and consultants' fees) arising out payable to Sublessor as Additional Rent upon receipt of or in any way connected with any depositan invoice therefor, spill, discharge, or other release provided however that Sublessee shall have the legal burden of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy establishing by a preponderance of the Premises evidence that the release was not caused by Sublessee or Sublessee Parties. "Interest Rate" means a rate per annum equal to the lesser of: (1) 4% above the so-called "prime rate" published in the New York City edition of The Wall Street Journal from Tenant's failure time to provide all informationtime (or, make all submissionsif such rate shall cease to be published, and take all steps requires any similar rate which is publicly announced from time to time by any governmental authorities bank in New York City having jurisdiction over total assets in excess of $1 billion designated by Sublessor in writing); or (2) the Premises. Tenant's obligations and maximum rate of interest, if any, which Sublessee may legally contract to pay in North Carolina on the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasapplicable obligation.

Appears in 1 contract

Sources: Sublease Agreement (Centra Software Inc)

Hazardous Materials. Tenant Grantee shall not cause at all times and in all respects comply with all federal, state and local laws, ordinances and regulations (“Hazardous Materials Laws”) relating to industrial hygiene, environmental protection or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, analysis, generation, release, manufacture, refining, production, processing, storage, disposal or disposal transportation of any Hazardous Materials onhydrocarbon material, underflammable explosives, asbestos, urea formaldehyde, radioactive materials or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, dischargewaste, or other release of hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” under any such laws, ordinances or regulations (collectively, “Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plansMaterials”). Tenant Grantee shall indemnify, defend, protectprotect and hold Grantor, the Property, and hold Landlord, its each of Grantor’s partners, officers, directors, beneficiaries, shareholdersemployees, agents, employeesattorneys, successors and lenders assigns, free and harmless from and against any and all fines, suits, procedures, claims, liabilities, and actions of every kindpenalties, and all costs associated therewith forfeitures, losses or expenses (including investigation costs and attorneys' and consultants' reasonable attorney’s fees) arising out for death of or injury to any person or damage to any property whatsoever, arising from or caused in any way connected with any depositwhole or in part, spilldirectly or indirectly, dischargeby (a) the presence on, under or other release of Hazardous Materials that occurs during about the Term of this Lease, at Property or discharge in or from the Premises which arises at Property of any time from Tenant's use Hazardous Materials attributable to Grantee, its agents, contractors or occupancy employees, or (b) Grantee’s failure to comply with any Hazardous Materials Law. Grantee’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Premises Property and the preparation and implementation or from Tenant's failure to provide all informationany closure, make all submissionsremedial action or other required plans in connection therewith, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of the term of this LeaseAgreement. The term Hazardous Materials as used herein shall include For purposes of the release and indemnity provisions hereof, any chemical, substanceacts or omissions of Grantee, or material which has been by employees, agents, assignees, contractors or is hereafter determined by any federalsubcontractors of Grantee or others acting for or on behalf of Grantee (whether or not they are negligent, stateintentional, willful or local governmental agency unlawful) shall be strictly attributable to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasGrantee.

Appears in 1 contract

Sources: Stock and Asset Purchase Agreement (Empire Water CORP)

Hazardous Materials. Tenant’s Initials 4 Landlord’s Initials LW (a) Tenant shall not cause or permit to occur (i) be discharged by any violation of applicable Laws now its employees, agents or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising representatives under Its direct control from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined materials identified by any federal, state, or local governmental body or agency as hazardous materials (collectively, “Hazardous Materials”). Tenant shall at its sole expense comply with all applicable governmental rules, regulations, codes, ordinances, statutes and other requirements respecting Hazardous Materials in connection with Tenant’s activities on or about the Premises. Tenant shall at its sole cost perform all clean-up and remedial actions that: (i) are required of Tenant by any governmental authority; and (ii) pertain to any discharge of such materials by Tenant. (b) Tenant shall indemnify and hold Landlord harmless from all costs, claims, judgments, losses, demands, causes of action, proceedings or hearings, Including Landlord’s attorneys’ fees and court costs, relating to the storage, placement or use of Hazardous Materials by Tenant on or about the Premises. Tenant shall reimburse Landlord for (i) losses in or reductions to rental income resulting from Tenant’s use, storage, or disposal of Hazardous Materials; (ii) all costs of clean-up or other alterations to the Premises necessitated by Tenant’s use, storage, or disposal of Hazardous Materials; and (iii) any diminution in the fair market value of the Property caused by Tenant’s use, storage, or disposal of Hazardous Materials. The obligations of Tenant under this Paragraph 4.3 shall survive the expiration of the Lease term. (c) Landlord shall be capable of posing a risk of injury to health or safety including petroleumresponsible for all investigation, asbestosremediation, polychlorinated biphenyls, radioactive materialsmonitoring, and radon gasany costs associated with any Hazardous Materials released, discharged, used, stored or present at the Premises because of any action or failure to act by: (I) Landlord, or its agents, employees, representatives, or contractors; (ii) any other tenants in the property of which the Premises are a part; or (iii) any other individuals or entities. The provisions of this Paragraph 4.3(c) shall apply regardless of the timing of the release, discharge or discovery of Hazardous Materials. (d) Landlord shall indemnify, defend and hold Tenant harmless from all costs, claims, fines, judgments, losses, demands, causes of action, proceedings or hearings, including Tenant’s attorneys’ fees and court costs, arising in connection with any remediation required by governmental authority in connection with any Hazardous Materials present on the Premises at the Commencement Date, or released, discharged, used or stored by Landlord, its agents, employees or contractors on, before or after the Commencement Date, and Landlord’s failure to comply with Its responsibilities and obligations under this Paragraph 4.3. The obligations of Landlord under this Paragraph 4.3 shall survive the expiration of the Lease term.

Appears in 1 contract

Sources: Sublease Agreement (Celladon Corp)

Hazardous Materials. Landlord warrants and covenants to -------------------------------- Tenants, its officers, directors, and shareholders, that as of the Commencement Date the Premises shall not contain any Hazardous Materials, as defined herein, except in small amounts incidental to their permitted use. Landlord shall defend, indemnify and hold harmless Tenant from and against any loss, claims, penalties, fines, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney and consultant fees, court costs and litigation expenses) arising as a result of any violation by Landlord of the terms of this Section, or any contamination of the Premises by Hazardous Materials as a result of action by Landlord or Landlord's agents, employees, contractors, or invitees. 15.1 Except in small amounts incidental to their permitted use, Tenant shall not cause or permit any Hazardous Material to occur (i) any violation of applicable Laws now be stored, generated, brought upon, kept, or hereafter enacted or issued, related to environmental conditions on, under, used in or about the Premises arising from by Tenant, its agents, employees, contractors or invitees, without first obtaining Landlord's leasehold interest in or use or occupancy written consent. 15.2 Any Hazardous Material permitted on the Premises, and all containers therefor, shall be used, kept, stored and disposed of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. federal, state and local laws or regulations applicable to any such Hazardous Material. 15.3 Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should will in no event permit or cause any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release disposal of Hazardous Materials that occurs during in or about the Term Premises. 15.4 Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of this Lease Section and will at all reasonable times, upon prior notice as provided elsewhere in this Lease, permit Landlord or from its agents to enter the Premises which arises at to inspect the same for compliance with this section. 15.5 Tenant shall defend, indemnify and hold harmless Landlord from and against any time from Tenant's use loss, claims, penalties, fines, liabilities, settlements, damages, costs, or occupancy expenses (including, without limitation, attorney and consultant fees, court costs and litigation expenses) arising during or after the Lease term as a result of any violation by Tenant of the terms of this Section, or any contamination of the Premises or from acts any other land of Landlord by Hazardous Materials as a result of action by Tenant or omissions of Tenant, its 's agents, employees, representativescontractors, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term . 15.6 The provisions of this Lease, at or from the Premises which arises at section shall be in addition to any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's other obligations and the indemnity hereunder liabilities Tenant may have to Landlord at law or equity and shall survive the expiration or earlier transactions contemplated herein and shall survive the termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Lease Agreement (First Coastal Corp)

Hazardous Materials. Tenant shall not cause or permit Landlord represents and warrants that, to occur the best of Landlord’s knowledge, as of the Commencement Date no release (ias hereafter defined) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about Hazardous Materials had occurred in the Premises arising from Tenant's leasehold interest or that Hazardous Materials are otherwise present in or use or occupancy of the Premises includingand/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, soil state and/or local statutes, regulations, rules and/or ordinances, and groundwater conditions and (ii) with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, generation, release, manufacture, refiningcollection, productiontreatment, processingdisposal, storage, control, removal or clean up of Hazardous Materials (“Environmental Laws”). To the extent any Hazardous Materials were present in, at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for removing or otherwise monitoring or remediating such Hazardous Materials as required by, and in full compliance with, all Environmental Laws at no cost to Tenant. Tenant shall indemnify, protect, defend and hold Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and against any and all costs, fees, damages, losses, expenses and/or liabilities of any kind or nature in any way related to the existence, removal, transportation or disposal of any Hazardous Materials onin, underat, on or about the Premises Property caused by Tenant or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or ’s invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless contractors, subtenants or licensees. If any action or proceeding is brought against any of the Landlord Indemnities by reason of such claim, Tenant, upon notice from all finesany of the Landlord Indemnities, suitsshall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, proceduresfees, claimsdamages, liabilitieslosses, and actions of every kindexpenses, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or and/or liabilities in any way connected connection with any deposit, spill, discharge, or other a release of Hazardous Materials that occurs during the Term by Tenant or any of this LeaseTenant’s agents, at employees, contractors, subtenants or licensees, Tenant shall pay such costs, fees and/or expenses within thirty (30) days of written request from the Premises which arises at affected Landlord Indemnities. Other than in the case of an emergency, Landlord shall not incur any time from Tenant's use fees or occupancy of the Premises or from Tenant's failure costs before notifying Tenant that it is likely to provide all information, make all submissions, incur such fees and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gascosts unless Tenant takes corrective action.

Appears in 1 contract

Sources: Lease Agreement (Dakota Plains Holdings, Inc.)

Hazardous Materials. Except for hair care products typically used in a hair salon, to the extent such supplies or products are used in the ordinary course of business, in the manner for which they were designed, in accordance with applicable laws, and in such amounts as may be typical for the type and scale of hair salon operations to be conducted by Tenant in the Premises, Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials onto be generated, underproduced, brought upon, used, stored, treated or disposed of in or about the Premises or the Building Property by Tenant, ▇▇▇▇▇▇’s subtenants and/or assignees and their respective agents, employees, contractors, sub-lessees or invitees (collectively, the transportation “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or from about the Premises or Project by Tenant, any of its subtenants, or any of their respective employees, agents, representatives, contractors, licensees or invitees, Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in valuation of the Building Premises or Project, and sums paid in settlement of claims and for reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the condition existing prior to the introduction of any such Hazardous Materials, provided Landlord’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s sole cost and expense. Furthermore, ▇▇▇▇▇▇ shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand acknowledges that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shallLandlord, at its own Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s sole cost and expense, prepare and submit the required plans. Tenant shall indemnifyto negotiate, defend, protect, approve and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of appeal any action taken or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires order issued by any governmental authorities having jurisdiction over the Premisesauthority with regard to any Hazardous Materials contamination which Tenant is obligated hereunder to remediate. Tenant's obligations and the indemnity hereunder The covenants of Tenant under this Section shall survive the expiration of the Term or earlier termination of this Lease. The As used in this Lease, the term Hazardous Materials as used herein shall include Materials” means any chemicalflammable items, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenylsexplosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and radon gasother chemical products, asbestos, PCBs and similar compounds, any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons, and including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including, without limitation, the California Health and Safety Code and/or under the Comprehensive Environmental Response, Compensation and Liability Act, 42. U.S.C. §9601, et seq.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Materials. Tenant a. Seller shall not cause not, nor shall it permit any of its Subcontractors to bring, use, generate, or permit release any Hazardous Materials on the Project Site, other than Hazardous Materials to occur be used by Seller or any of its Subcontractors on the Project Site in a manner that (i) does not violate or contribute to a violation of, or whether individually or on an aggregate basis require reporting or disclosure to any violation of applicable Laws now Governmental Authority, Purchaser or hereafter enacted or issued, related to environmental conditions on, any third party under, any Applicable Laws, (ii) is consistent with Prudent Industry Practices and is required for Seller to perform the Services, and (iii) complies with the Lease. b. Seller shall bear all responsibility and liability for all Hazardous Materials brought on the Project Site by Seller, or about any of its Subcontractors. If any Hazardous Materials are encountered at the Premises arising from Tenant's leasehold interest Project Site by Seller, Seller shall immediately, upon recognizing such condition (i) stop its work in or use or occupancy the affected area of the Premises includingProject Site, soil and groundwater conditions and (ii) provide Notice of such condition to Purchaser. c. Seller shall minimize the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts use of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at the performance of its own expense make all submissions to, provide all information required bywork, and comply with all requirements of such use shall be as permitted under, and in accordance with, Applicable Law. Seller shall maintain an updated file on all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of material safety data sheets for all Hazardous Materials that occurs during used or in connection with the Term performance of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy its work and shall deliver an update of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant such file to Purchaser upon request. d. Seller shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, harmless all of the Purchaser Indemnified Parties from and lenders harmless from against all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) Losses arising out of or in relating to the existence at, on, above, below or near the Project Site of any way connected with any depositHazardous Materials to the extent deposited, spill, dischargespilled, or other release otherwise caused by Seller or any of its Subcontractors, agents, or employees. e. Seller shall be solely responsible for compliance with all Applicable Laws pertaining to Hazardous Materials that occurs during brought, used, generated, or released in violation of Applicable Law to the Term extent caused by Seller, or any of its Subcontractors, at the Project Site and for disposing of all Hazardous Materials brought to or used on the Project Site. This provision shall survive termination or expiration of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gasAgreement.

Appears in 1 contract

Sources: Solar Power Purchase Agreement

Hazardous Materials. Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant shall agrees not to cause or permit any Hazardous Materials to occur (i) any violation be brought upon, stored, used, handled, generated, released or disposed of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, underin, under or about the Premises arising from Tenant's leasehold interest in Premises, the Building, the Common Areas or use or occupancy any other portion of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Development by Tenant, its agents, employees, representativessubtenants, assignees, licensees, contractors or inviteesinvitees (collectively, then "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or earlier termination of this Lease, Tenant shallagrees to promptly remove from the Premises, the Building and the Development, at its own sole cost and expense, prepare any and submit all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the required plansPremises, the Building and/or the Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant shall agrees to promptly indemnify, defend, protect, defend and hold harmless Landlord and Landlord, its 's partners, officers, directors, beneficiaries, shareholdersemployees, agents, employeessuccessors and assigns (collectively, "Landlord Indemnified Parties") from and lenders harmless from against any and all finesclaims, damages, judgments, suits, procedurescauses of action, claimslosses, liabilities, penalties, fines, expenses and actions costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of every kindclaims, and all costs associated therewith (including investigation costs and attorneys' fees, consultant fees and consultants' feesexpert fees and court costs) arising out which arise or result from the presence of Hazardous Materials on, in, under or in about the Premises, the Building or any way connected with other portion of the Development and which are caused or permitted by Tenant or any deposit, spill, discharge, or other of Tenant's Parties. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials that occurs at the Premises, the Building or any other portion of the Development which Tenant becomes aware of during the Term of this Lease, at whether caused by Tenant or from any other persons or entities. In the Premises which arises at event of any time from release of Hazardous Materials caused or permitted by Tenant or any of Tenant's use Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or occupancy appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used in this Lease, the term "Hazardous Materials" shall mean and include any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi-solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the Environmental Protection Agency's "Refrigerant Recycling Rule," as amended from time to time) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, such properties or effects. As used herein, "Environmental Laws" means any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant, the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the PremisesDevelopment. Tenant's obligations and the indemnity hereunder The provisions of this Subparagraph 8(c) shall survive the expiration or earlier termination of this Lease. The term Hazardous Materials as used herein shall include any chemical, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenyls, radioactive materials, and radon gas.

Appears in 1 contract

Sources: Office Building Lease (Simpson Manufacturing Co Inc /Ca/)

Hazardous Materials. Except for hair care products typically used in a facial/spa business, to the extent such supplies or products are used in the ordinary course of business, in the manner for which they were designed, in accordance with applicable laws, and in such amounts as may be typical for the type and scale of facial/spa operations to be conducted by Tenant in the Premises, Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials onto be generated, underproduced, brought upon, used, stored, treated or disposed of in or about the Premises or the Building Property by ▇▇▇▇▇▇, ▇▇▇▇▇▇’s subtenants and/or assignees and their respective agents, employees, contractors, sub-lessees or invitees (collectively, the transportation “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or from about the Premises or Project by Tenant, any of its subtenants, or any of their respective employees, agents, representatives, contractors, licensees or invitees, Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in valuation of the Building Premises or Project, and sums paid in settlement of claims and for reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the condition existing prior to the introduction of any such Hazardous Materials, provided Landlord’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s sole cost and expense. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand acknowledges that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shallLandlord, at its own Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s sole cost and expense, prepare and submit the required plans. Tenant shall indemnifyto negotiate, defend, protect, approve and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of appeal any action taken or in any way connected with any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires order issued by any governmental authorities having jurisdiction over the Premisesauthority with regard to any Hazardous Materials contamination which Tenant is obligated hereunder to remediate. Tenant's obligations and the indemnity hereunder The covenants of Tenant under this Section shall survive the expiration of the Term or earlier termination of this Lease. The As used in this Lease, the term Hazardous Materials as used herein shall include Materials” means any chemicalflammable items, substance, or material which has been or is hereafter determined by any federal, state, or local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, asbestos, polychlorinated biphenylsexplosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and radon gasother chemical products, asbestos, PCBs and similar compounds, any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons, and including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including, without limitation, the California Health and Safety Code and/or under the Comprehensive Environmental Response, Compensation and Liability Act, 42. ▇.▇.▇. §▇▇▇▇, et seq.

Appears in 1 contract

Sources: Lease Agreement