Common use of Presence of Hazardous Materials Clause in Contracts

Presence of Hazardous Materials. If, at any point during the Lease term after Delivery of an Additional Premises Floor (including, without limitation, during construction of the Tenant Improvements therein), the subject Additional Premises Floor is determined to have contained Hazardous Materials in violation of applicable Legal Requirements as of the date of Delivery of such Additional Premises Floor, Landlord, at Landlord’s sole cost and expense, shall remove, encapsulate, contain, or otherwise dispose of such Hazardous Materials in accordance with applicable Legal Requirements. Any delay incurred by Tenant in the design or construction of the Tenant Improvements because of the presence of such Hazardous Materials (and/or Landlord’s subsequent removal, encapsulation, containment of the same pursuant to the foregoing) shall constitute a Landlord Delay for purposes of Paragraph 2.f. above.