Common use of Limits on Hazardous Materials Clause in Contracts

Limits on Hazardous Materials. Lessee shall not store, or permit the storage, or use, or permit the use, of hazardous materials in such a manner which would result in contamination, in violation of any law or regulation, described in paragraph 8.c.(1) below, of the Building, the Premises, or the surrounding soil or air, or cause a substantial risk of fire, explosion, or release of noxious or corrosive fumes in or about the Premises or the Building or within fifty (50) feet thereof, or conduct, or permit to be conducted, any hazardous activities which would involve contamination of the Building, Premises or surrounding soil or air in violation of any law or regulation described in paragraph 8.C. (1) below, or cause a substantial risk of fire, explosion, flood or noxious or corrosive fumes in or about the Premises or Building or within fifty (50) feet thereof or endanger the good health of any occupant or invitee to the Building or Premises. In addition to, and not by way of limitation of, Lessee’s obligations set forth in this Lease, Lessee shall at all times comply with all local, state and national laws regarding the manufacture, transportation, storage, use and disposal of all hazardous materials. (1) As used in this Lease, the term “hazardous material(s)” shall Include the following: any substance or material defined as “hazardous” or “toxic” by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et. seq.), as amended from time to time; the Hazardous Materials Transportation Act (42 U.S.C. Section 1801 et. seq.), as amended from time to time; the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et. seq.), as amended from time to time; the Hazardous Waste Control Law, California Health & Safety Code Section 25100 et. seq., as amended from time to time; the Safe Drinking Water and Toxic Enforcement Act of 1986, as amended from time to time; any rules and regulations promulgated under the foregoing statutes; rules and regulations of the Environmental Protection Agency, the California Water Quality Control Board, the Department of Labor, the California Department of Industrial Relations, the Department of Transportation, the Department of Agriculture, the Consumer Product Safety Commission, the Department of Health and Human Services, the FDA or any other governmental agency now or hereafter authorized to regulate or protect the environment or human health or safety; and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted to protect the environment or human health or safety. (2) Lessee shall keep adequate records to demonstrate that all hazardous materials are being properly handled, used, stored, transported and disposed of in accordance with all applicable laws and regulations and shall make said records available to Lessor promptly after receiving a request therefor from Lessor. Lessor shall have the right to appoint a consultant to conduct an investigation to determine whether hazardous materials have been released in such a manner as would violate applicable laws and regulations, provided, however, that the cost of hiring any such consultant shall not be a part of Common Area Maintenance and Repair Costs. (3) Without limiting the applicability of any other indemnity provision of this Lease, Lessee shall indemnify, defend and hold Lessor harmless from all costs, expenses and liabilities, including reasonable attorneys fees as incurred by Lessor arising from any violation by Lessee of the provisions of this paragraph 8.C. (4) Without limiting the foregoing, in the event hazardous materials brought onto the Premises by Lessee result in contamination of the Building, the Premises or any air, water or (1). Any remedial action or disposal shall be undertaken in accordance with all applicable laws and regulations. (5) Lessee shall immediately notify Lessor in writing of any discovery by Lessee, its agents or employees, of the release of any hazardous material onto the Premises or the Building and transmit to Lessor copies of all non-routine reports from any governmental agency having jurisdiction over any activity of Lessee in the premises regarding any violations or suspected violations of any laws or regulations governing Lessee’s use of and activities within the Premises. Lessee shall furthermore immediately notify in writing Lessor of any non-routine inquiry, test, investigation or enforcement proceeding by or against Lessee or the Premises concerning a hazardous material (a “Proceeding”). Lessee shall transmit to Lessor copies of any reports from any governmental agency having jurisdiction in connection with any such Proceeding to the extent such reports are not subject to either the attorney work product or attorney-client privileges. Lessee agrees that Lessor, as owner of the Building, shall have the right to take such actions as Lessor believes are necessary to protect his interest in the Building with respect to any such Proceeding so long as such actions do not interfere with any actions Lessee may take with respect to such Proceeding (including, without limitation, Lessee’s negotiations regarding, or resolution, settlement, defense or appeal of, any such Proceeding); provided, however, the foregoing shall not permit Lessor to take any action on Lessee’s behalf or to participate in, approve or disapprove of, or control any actions that Lessee may elect to take with respect to any such Proceeding.

Limits on Hazardous Materials. Lessee shall not store, or permit the storage, or use, or permit the use, of hazardous materials Hazardous Materials in such a manner which would result in contamination, in violation of any law or regulation, described in paragraph 8.c.(1Paragraph 6.C.(1) below, of the Building, the Premises, or the surrounding soil or air, or cause a substantial risk of fire, explosion, or release of noxious or corrosive fumes in or about the Premises or the Building or within fifty (50) feet thereof, or conduct, or permit to be conducted, any hazardous activities which would involve contamination of the Building, Premises or surrounding soil or air in violation of any law or regulation described in paragraph 8.C. (1Paragraph 6.C.(1) below, or cause a substantial risk of fire, explosion, flood or noxious or corrosive fumes in or about the Premises or Building or within fifty (50) feet thereof or endanger the good health of any occupant or invitee to the Building or Premises. In addition to, and not by way of limitation of, Lessee’s 's obligations set forth in this Lease, Lessee shall at all times comply with all local, state and national laws regarding the manufacture, transportation, storage, use and disposal of all hazardous materials. (1) As used in this Lease, the term “hazardous material(sHazardous Material(s)” shall Include include the following: any substance or material defined as “hazardous” or “toxic” by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et. et seq.), as amended from time to time; the Hazardous Materials Transportation Act (42 U.S.C. Section 1801 et. et seq.), as amended from time to time; the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et. et seq.), as amended from time to time; the Hazardous Waste Control Law, California Health & Safety Code Section 25100 et. et seq., as amended from time to time-to-time; the Safe Drinking Water and Toxic Enforcement Act of 1986, as amended from time to time; any rules and regulations promulgated under the foregoing statutes; rules and regulations of the Environmental Protection Agency, the California Water Quality Control Board, the Department of Labor, the California Department of Industrial Relations, the Department of Transportation, the Department of Agriculture, the Consumer Product Safety Commission, the Department of Health and Human Services, the FDA or Food and Drug Administration any other governmental agency now or hereafter authorized to regulate or protect the environment or human health or safety; and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted to protect the environment or human health or safety. , (2) Lessee shall keep adequate records to demonstrate that all hazardous materials are being properly handledcollectively, used, stored, transported and disposed of in accordance with all applicable laws and regulations and shall make said records available to Lessor promptly after receiving a request therefor from Lessor“Environmental Laws”). Lessor shall have represents to Lessee that as of the right to appoint a consultant to conduct an investigation to determine whether hazardous materials have been released Commencement Date it is not in such a manner as would violate applicable laws and regulations, provided, howeverdefault under any deed of trust encumbering the Building, that the cost of hiring any such consultant shall not be a part of Common Area Maintenance and Repair Costs. (3) Without limiting the applicability of any other indemnity provision of this Lease, Lessee shall indemnify, defend and hold Lessor harmless from all costs, expenses and liabilities, including reasonable attorneys fees as incurred by Lessor arising from any violation by Lessee of the provisions of this paragraph 8.C. (4) Without limiting the foregoing, in the event hazardous materials brought onto the Premises by Lessee result in contamination of the Building, the Premises or any air, water or (1). Any remedial action or disposal shall be undertaken in accordance with all applicable laws and regulations. (5) Lessee shall immediately notify Lessor in writing of any discovery by Lessee, its agents or employees, of the release of any hazardous material onto the Premises or the Building and transmit to Lessor copies of all non-routine reports from any governmental agency having jurisdiction over any activity of Lessee in the premises regarding any violations or suspected violations of any laws or regulations governing Lessee’s use of and activities within the Premises. Lessee shall furthermore immediately notify in writing Lessor of any non-routine inquiry, test, investigation or enforcement proceeding by or against Lessee or the Premises concerning a hazardous material (a “Proceeding”). Lessee shall transmit to Lessor copies of any reports from any governmental agency having jurisdiction in connection with any such Proceeding to the extent such reports are not subject to either the attorney work product any pending litigation, and there is no right of first refusal to lease or attorney-client privileges. Lessee agrees that Lessor, as owner of purchase the Building, shall have the right to take such actions as Lessor believes are necessary to protect his interest in the Building with respect to any such Proceeding so long as such actions do not interfere with any actions Lessee may take with respect to such Proceeding (including, without limitation, Lessee’s negotiations regarding, or resolution, settlement, defense or appeal of, any such Proceeding); provided, however, the foregoing shall not permit Lessor to take any action on Lessee’s behalf or to participate in, approve or disapprove of, or control any actions that Lessee may elect to take with respect to any such Proceeding.