Common use of Regulated Substances Clause in Contracts

Regulated Substances. (a) Lessee shall not Release or dispose of any Regulated Substances on or at the Leased Premises, in any manner, except in compliance with all applicable Permits and Environmental Laws. (b) Lessee shall not treat, dispose of, store or otherwise manage any Regulated Substances used or generated at or emitted or emanating from or passing through the surface or subsurface of the Leased Premises in any manner that would require a hazardous waste storage, treatment or disposal Permit under RCRA or any other Environmental Law. Without limiting the foregoing, if Lessee generates hazardous waste at the Leased Premises, Lessee shall establish and maintain in the Leased Premises accumulation areas for such hazardous waste generated by Lessee in compliance with all applicable Environmental Laws and shall manage such accumulation areas in a manner that will not require a hazardous waste storage, treatment or disposal Permit under RCRA or any other Environmental Law, and, in any event, shall completely remove and dispose of all such hazardous waste as part of the Remedial Actions. (c) If Lessee generates, treats, disposes of, discharges, uses or stores Regulated Substances at, from or on the Leased Premises, Lessee shall: (i) at its own cost and expense, comply in all material respects with all Environmental Laws and maintain all Permits and other approvals from any Governmental Entity required in connection therewith; (ii) upon written request by Lessor, promptly provide Lessor with copies of all MSDS sheets and any other Required Regulated Substance Records that Lessor may reasonably request relating to the Regulated Substances; (iii) allow Lessor and its representatives to enter the Leased Premises at reasonable times and conduct appropriate environmental testing; and (iv) upon written request by Lessor, promptly provide Lessor with the results of any environmental testing conducted at the Leased Premises by Lessee. (d) Lessee may store or utilize at or on the Leased Premises, in accordance with Environmental Laws, those Regulated Substances that were being utilized by the Lessee Business as of the Effective Date. Lessee may not bring onto the Leased Premises, store or utilize any other Regulated Substances without the prior written approval of Lessor, which approval shall be in Lessor’s reasonable discretion. (e) Lessee shall keep and maintain accurate records of all Regulated Substances used, stored, treated, disposed, discharged or Released by Lessee at the Leased Premises, including all Required Regulated Substance Records. Lessee shall maintain such records for a period of at least ten (10) years (including after the expiration or termination of this Lease), and Lessee shall provide a copy of such records to Lessor to the extent reasonably requested in writing by Lessor.