Common use of RELEASES OF HAZARDOUS SUBSTANCES Clause in Contracts

RELEASES OF HAZARDOUS SUBSTANCES. If there is any Release of any Hazardous Substance in, on, under, from or about the Premises in violation of, or requiring any Clean-Up (as defined below), in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, remedial and other Clean-up action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property are remediated to a condition allowing unrestricted use of the Premises for human use and occupancy, including without limitation for the Permitted Use, all in accordance with the provisions and requirements of this Section 7.6. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about the Premises, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant in response to any such regulatory order or directive. Notwithstanding anything contained in this Section 7.6, if the presence or Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by Landlord or its agents, employees or contractors, (b) results from a condition existing on the Effective Date, (c) results from the migration of Hazardous Substances onto the Property from a neighboring property, or (d) results from the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that such other Building tenant is responsible for such migration (collectively, “Excluded Matters”), then Landlord at its own expense shall promptly take those actions necessary to ▇▇▇▇▇, remove, remediate, or dispose of Hazardous Substances constituting Excluded Matters to the extent required by any Environmental Laws, and make all required submissions to applicable regulatory agencies regarding the same, and Tenant shall have no obligation other than to notify Landlord of any such Release of which Tenant becomes aware.

RELEASES OF HAZARDOUS SUBSTANCES. If there is occurs any Release of any Hazardous Substance in, on, under, from or about the Premises during the Term or such longer period as Tenant remains in possession of the Premises in violation ofof Environmental Laws, or requiring any Clean-Up (as defined below), and such Release is not a Release for which Landlord is responsible as further set forth below, then, in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, remedial and other Clean-up Cleanup action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property are such Release is remediated to a condition level allowing unrestricted use of the Premises for human (i.e., to a level that will allow any future use and occupancyof the Premises, including residential, without limitation for the Permitted Useany engineering controls or deed restrictions), all in accordance with the provisions and requirements of this Section 7.6. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, and, if such Release is not a Release for which Landlord is responsible as further set forth below, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about near the Premises during the Term or such longer period as Tenant remains in possession of the Premises, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant Tenant, if any, in response to any such regulatory order or directive. Notwithstanding anything contained in this Section 7.6, if the presence or Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by Landlord or its agents, employees or contractors, or (b) results from a condition existing on the Effective Date, (c) results from the migration of such Hazardous Substances onto from outside the Property from a neighboring propertyPremises (but not due to the acts of Tenant or any Tenant Party), and in either event results in the contamination of the Premises or the Property, or any soil or groundwater in, under or about the Property, or (dc) results from is caused by anyone other than Tenant or any Tenant Party and is outside the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that such other Building tenant is responsible for such migration Premises (collectively, “Excluded Matters”), then Landlord at its own expense shall promptly take those actions necessary to ▇▇▇▇▇, remove, remediate, or dispose of such Hazardous Substances constituting Excluded Matters to the extent required by any Environmental Laws, and make all required submissions to applicable regulatory agencies regarding the same, and Tenant shall have no obligation other than to notify Landlord of any such Release of which Tenant becomes aware.

RELEASES OF HAZARDOUS SUBSTANCES. If there is any Release of any Hazardous Substance in, on, under, from or about the Premises in violation of, shall occur at any time during the Term and/or if any other Hazardous Substance condition exists at the Premises or requiring Building due to the acts or omissions of Tenant that requires response actions of any Clean-Up (as defined below)kind, in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, corrective and remedial and other Clean-up action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, 6.03 and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property Building are remediated to a condition allowing unrestricted use of the Premises for human use and occupancy, including without limitation for the Permitted UseBuilding, all in accordance with the provisions and requirements of this Section 7.66.03. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant T▇▇▇▇▇ from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about the PremisesPremises or Building, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant in response to any such regulatory order or directive. Notwithstanding anything contained in this Section 7.6, if the presence or Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by Landlord or its agents, employees or contractors, (b) results from a condition existing on the Effective Date, (c) results from the migration of Hazardous Substances onto the Property from a neighboring property, or (d) results from the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that such other Building tenant is responsible for such migration (collectively, “Excluded Matters”), then Landlord at its own expense shall promptly take those actions necessary to ▇▇▇▇▇, remove, remediate, or dispose of Hazardous Substances constituting Excluded Matters to the extent required by any Environmental Laws, and make all required submissions to applicable regulatory agencies regarding the same, and Tenant shall have no obligation other than to notify Landlord of any such Release of which Tenant becomes aware.

RELEASES OF HAZARDOUS SUBSTANCES. If there is any Release of any Hazardous Substance in, on, under, from or about the Premises in violation of, or requiring any Clean-Up (as defined below), in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, remedial and other Clean-up action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property are remediated to a condition allowing unrestricted use of the Premises for human use and occupancy, including without limitation for the Permitted Use, all in accordance with the provisions and requirements of this Section 7.6. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about the Premises, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant in response to any such regulatory order or directive. Notwithstanding anything contained in this Section 7.6, if the presence or Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by Landlord or its agents, employees or contractors, (b) results from a condition existing on the Effective Date, (c) results from the migration of Hazardous Substances onto the Property from a neighboring property, or (d) results from the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that such other Building tenant is responsible for such migration (collectively, “Excluded Matters”), then Landlord at its own expense shall promptly take those actions necessary to ▇▇▇▇▇, remove, remediate, or dispose of Hazardous Substances constituting Excluded Matters to the extent required by any Environmental Laws, and make all required submissions to applicable regulatory agencies regarding the same, and Tenant shall have no obligation other than to notify Landlord of any such Release of which Tenant becomes aware.

RELEASES OF HAZARDOUS SUBSTANCES. If there is occurs any Release of any Hazardous Substance in, on, under, from or about the Premises in violation ofPremises, or requiring any Clean-Up (as defined below), in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, remedial and other Clean-up action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property are remediated to a condition allowing unrestricted use of the Premises for human uses that would have been permitted but for the Release (i.e., to a level that will allow any future use and occupancyof the Premises, including residential if permitted, without limitation for the Permitted Useany engineering controls or deed restrictions), all in accordance with the provisions and requirements of this Section 7.6. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about the Premises, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant in response to any such regulatory order or directive. Notwithstanding anything contained Nothing in this Section 7.67.6.1.3 shall be deemed to make Tenant responsible for (i) a Release existing at the Property as of the date of this Lease, if (ii) Hazardous Substances migrating to the presence Premises, Property or Project not resulting from the acts or omissions of any Tenant Parties, or (iii) a Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by any Landlord or its agents, employees or contractors, (b) results from a condition existing on the Effective Date, (c) results from the migration of Hazardous Substances onto the Property from a neighboring property, or (d) results from the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that such other Building tenant is responsible for such migration Parties (collectively, “Excluded MattersHazardous Substance Conditions”), then Landlord at its own expense shall promptly take those actions necessary to ▇▇▇▇▇, remove, remediate, or dispose of Hazardous Substances constituting Excluded Matters to the extent required by any Environmental Laws, and make all required submissions to applicable regulatory agencies regarding the same, and Tenant shall have no obligation other than to notify Landlord of any such Release of which Tenant becomes aware.

RELEASES OF HAZARDOUS SUBSTANCES. If there is occurs any Release of any Hazardous Substance in, on, under, from or about the Premises in violation ofarising on or after the date Tenant takes possession of the Premises, or requiring any Clean-Up (as defined below), in addition to notifying Landlord as specified above, Tenant, at its own sole cost and expense, shall (i) immediately comply with any and all reporting requirements imposed pursuant to any and all Environmental Laws, (ii) provide a written certification to Landlord indicating that Tenant has complied with all applicable reporting requirements, (iii) take any and all necessary investigation, corrective, remedial and other Clean-up action in accordance with any and all applicable Environmental Laws, utilizing an environmental consultant approved by Landlord, all in accordance with the provisions and requirements of this Section 7.6, including, without limitation, Section 7.6.6, and (iv) take any such additional investigative, remedial and corrective actions as Landlord shall in its reasonable discretion deem necessary such that the Premises and Property are remediated to a condition allowing unrestricted use of the Premises for human uses that would have been permitted but for the Release (i.e., to a level that will allow any future use and occupancyof the Premises, including residential if permitted, without limitation for the Permitted Useany engineering controls or deed restrictions), all in accordance with the provisions and requirements of this Section 7.6. Landlord may, as required by any and all Environmental Laws, report the Release of any Hazardous Substance to the appropriate governmental authority, identifying Tenant as the responsible party. Tenant shall deliver to Landlord copies of all administrative orders, notices, demands, directives or other communications directed to Tenant ▇▇▇▇▇▇ from any governmental authority with respect to any Release of Hazardous Substances in, on, under, from, or about the Premises, together with copies of all investigation, assessment, and remediation plans and reports prepared by or on behalf of Tenant in response to any such regulatory order or directive. Notwithstanding anything contained Nothing in this Section 7.6, if 7.6.1.3 shall be deemed to make Tenant responsible for (i) a Release existing at the Property as of the date of this Lease including the presence of any Hazardous Substances identified in the Existing Environmental Report (as defined below), (ii) Hazardous Substances migrating to the Premises or Property not resulting from the acts or omissions of any Tenant Parties, or (iii) a Release of Hazardous Substances in, under, or about the Premises or elsewhere on the Property (a) is caused by any Landlord or its agents, employees or contractors, (b) results from a condition existing on the Effective Date, (c) results from the migration of Hazardous Substances onto the Property from a neighboring property, or (d) results from the migration of Hazardous Substances from the premises of another Building tenant, to the extent that there is a final, unappealable judgment by a court of competent jurisdiction that such other Building tenant is responsible for such migration Parties (collectively, “Excluded MattersHazardous Substance Conditions”). For the avoidance of doubt, then Landlord at its own expense shall promptly take those actions necessary to ▇▇▇▇▇the parties agree that Hazardous Substances (x) brought onto the Premises by, remove, remediatethrough, or dispose under Tenant and/or (y) existing at the Property as of the date of this Lease that are exacerbated by Tenant, shall not constitute “Excluded Substance Hazardous Substances constituting Excluded Matters to the extent required by any Environmental Laws, and make all required submissions to applicable regulatory agencies regarding the same, and Tenant shall have no obligation other than to notify Landlord of any such Release of which Tenant becomes awareConditions”.