Common use of Hazardous Use Clause in Contracts

Hazardous Use. No hazard may be created or allowed to continue on the Leased Premises that will increase the insurance rate of Authority or of other lessees of Authority whose properties are adjacent to the Leased Premises. Lessee’s occupancy, operation and/or use of the Leased Premises shall not violate any applicable city, state or federal laws or regulations pertaining to the storage, disposal, use or release of environmentally hazardous substances (“Hazardous Materials”) as defined by any applicable city, state or federal law or regulation, and must comply with Authority’s Tariffs, Rules and Regulations and the Port of Corpus Christi Authority’s Design and Construction Guidelines set forth in Authority’s Real Estate Manual. Lessee will cooperate with the Authority’s Tenant Audit Program (the “Program”). The audit will consist of a scheduled review of Lessee’s operations and activities, a review of Lessee’s environmental management programs, and a tour of the Leased Premises. Authority staff involved in the Program intend to gain an understanding of Lessee’s operations and activities and what measures the Lessee is utilizing to comply with applicable local, state, and federal laws, rules and regulations, this Lease Agreement, and Authority’s Tariffs, Rules, and Regulations. Through the Program they will seek to achieve cooperative conservation between Authority and Lessee that are actions relating to the use, enhancement and enjoyment of natural resources and protection of the environment. The audit will be conducted at least one time during the Primary Term of this lease and more frequently if determined by Authority staff to be necessary. A letter from Authority staff setting forth staff’s observations will be provided to the Lessee following the audit. If violation of applicable laws, rules, regulations, this Lease Agreement or the tariff have been observed, then Lessee will be notified of the same in the letter, and required to immediately take action to come into compliance, and to verify it has done so to Authority staff. Lessee must clean up, remove, remediate and repair any soil or ground water contamination and damage caused by the presence or release of any Hazardous Materials in, on, under, or about the Leased Premises during occupancy of the Leased Premises in conformance with the requirements of applicable law. Lessee shall immediately give Authority written notice of any suspected breach of this paragraph, upon learning of the presence or any release of any Hazardous Materials, or upon receiving any notice from governmental agencies pertaining to Hazardous Materials which may affect the Leased Premises. The obligations of Lessee hereunder shall survive the expiration or earlier termination, for any reason, of this lease for a period of two (2) months and thereafter automatically terminate and be null and void for all purposes. Lessee shall not bring or permit to remain on the Leased Premises any asbestos, petroleum or petroleum products, explosives or toxic materials except for commercially reasonable amounts of materials used in the ordinary course of Lessee’s business, nor commit or permit to remain any waste or damage to the Leased Premises

Hazardous Use. No hazard may be created or allowed to continue on the Leased Premises that will increase the insurance rate of Authority or of other lessees of Authority whose properties are adjacent to the Leased Premises. Lessee’s occupancy, operation and/or use of the Leased Premises shall not violate any applicable city, state or federal laws or regulations pertaining to the storage, disposal, use or release of environmentally hazardous substances (“Hazardous Materials”) as defined by any applicable city, state or federal law or regulation, and must comply with Authority’s Tariffs, Rules and Regulations and the Port of Corpus Christi Authority’s Design and Construction Guidelines set forth in Authority’s Real Estate Manual. Lessee will cooperate with the Authority’s Tenant Audit Program (the “Program”). The audit will consist of a scheduled review of Lessee▇▇▇▇▇▇’s operations and activities, a review of Lessee▇▇▇▇▇▇’s environmental management programs, and a tour of the Leased Premises. Authority staff involved in the Program intend to gain an understanding of Lessee▇▇▇▇▇▇’s operations and activities and what measures the Lessee is utilizing to comply with applicable local, state, and federal laws, rules and regulations, this Lease Agreement, and Authority’s Tariffs, Rules, and Regulations. Through the Program they will seek to achieve cooperative conservation between Authority and Lessee that are actions relating to the use, enhancement and enjoyment of natural resources and protection of the environment. The audit will be conducted at least one time during the Primary Term of this lease and more frequently if determined by Authority staff to be necessary. A letter from Authority staff setting forth staff’s observations will be provided to the Lessee following the audit. If violation of applicable laws, rules, regulations, this Lease Agreement or the tariff have been observed, then Lessee will be notified of the same in the letter, and required to immediately take action to come into compliance, and to verify it has done so to Authority staff. Lessee must clean up, remove, remediate and repair any soil or ground water contamination and damage caused by the presence or release of any Hazardous Materials in, on, under, or about the Leased Premises during occupancy of the Leased Premises in conformance with the requirements of applicable law. Lessee shall immediately give Authority written notice of any suspected breach of this paragraph, upon learning of the presence or any release of any Hazardous Materials, or upon receiving any notice from governmental agencies pertaining to Hazardous Materials which may affect the Leased Premises. The obligations of Lessee hereunder shall survive the expiration or earlier termination, for any reason, of this lease for a period of two (2) months years and thereafter automatically terminate and be null and void for all purposes. Lessee shall not bring or permit to remain on the Leased Premises any asbestos, petroleum or petroleum products, explosives or toxic materials except for commercially reasonable amounts of materials used in the ordinary course of Lessee’s business, nor commit or permit to remain any waste or damage to the Leased Premises