Common use of TOXIC AND HAZARDOUS MATERIALS Clause in Contracts

TOXIC AND HAZARDOUS MATERIALS. (a) Tenant will not store, use, generate, manufacture, produce, release, discharge or dispose of any toxic materials or Hazardous Materials in, on, or about the Demised Premises or the Real Estate (provided that Tenant shall not be in violation of the foregoing by its use and storage of standard office products otherwise defined as hazardous, which products are used by Tenant with due care and in accordance with the instructions of the product manufacturer and otherwise in compliance with applicable law, in the reasonable and prudent conduct of Tenant's business). Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties (as defined in Section 15.01(a) of this Lease) from and against all claims, judgments, actions, costs, penalties, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with Tenant's (and its agents') storage, use and disposal of toxic materials and Hazardous Materials. Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Demised Premises and any other property of whatever nature located on the Real Estate to the condition existing prior to such storage, use, generation, manufacture, production, release, discharge or disposal of toxic materials or Hazardous Materials. Tenant's obligations under this Section will survive the termination of this Lease. (b) For purposes of this Lease, the term "Hazardous Materials" includes without limitation: (a) those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "solid waste" or similar terms in any Environmental Law; (b) petroleum products and petroleum byproducts; (c) polychlorinated biphenyls; and (d) chlorinated solvents. The term "Environmental Law" includes any federal, state, municipal or local law, statute, ordinance, regulation, order, rule or requirement (in each case as may be amended from time to time) pertaining to health, industrial hygiene, environmental conditions (including, without limitation, air, ground, water pollution and protection and/or preservation of the environment), or hazardous materials or substances.

Appears in 2 contracts

Sources: Lease Agreement (Genta Incorporated /De/), Lease (Genta Incorporated /De/)

TOXIC AND HAZARDOUS MATERIALS. (a) Without limiting any of its other obligations hereunder, Tenant will agrees that it shall not store, use, generate, manufacture, produce, release, discharge or dispose of any toxic materials or Hazardous Materials in, on, or about the Demised Premises or the Real Estate (provided that and Tenant shall not be notify Landlord in writing immediately upon any violation of the foregoing by its use and storage of standard office products otherwise defined as hazardous, which products are used by Tenant with due care and in accordance with the instructions of the product manufacturer and otherwise in compliance with applicable law, in the reasonable and prudent conduct of Tenant's businessthis sentence). Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties (as defined in Section 15.01(a) of this Lease) from and against all claims, judgments, actions, costs, penalties, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with Tenant's (and its agents'Tenant’s Agents, invitees or visitors) storage, use and disposal of toxic materials and material or Hazardous Materials. Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with the removal, clean-up clean‑up and restoration work and materials necessary to return the Demised Premises and any other property of whatever nature located on the Real Estate to the condition existing prior to such storage, use, generation, manufacture, production, release, discharge or disposal of toxic materials or Hazardous Materials. Tenant's obligations under this Section will survive the termination of this Lease. (b) For purposes of this Lease, the term "Hazardous Materials" includes without limitationbut is not limited to: (a) those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "solid waste" or similar terms in any Environmental Law; (b) petroleum products and petroleum byproducts; (c) polychlorinated biphenyls; and (d) chlorinated solvents. The term "Environmental Law" includes any federal, state, municipal or local law, statute, ordinance, regulation, order, rule or requirement (in each case as may be amended from time to time) pertaining to health, industrial hygiene, environmental conditions (including, without limitation, air, ground, water pollution and protection and/or preservation of the environment), or hazardous materials or substances.

Appears in 1 contract

Sources: Lease Agreement (Edge Therapeutics, Inc.)

TOXIC AND HAZARDOUS MATERIALS. (a) Tenant will Without limiting any of its other obligations hereunder, ▇▇▇▇▇▇ agrees that it shall not store, use, generate, manufacture, produce, release, discharge or dispose of any toxic materials or Hazardous Materials in, on, or about the Demised Premises or the Real Estate (provided and Tenant shall notify Landlord in writing immediately upon any violation of this sentence); provided, however, that Tenant shall not be in violation of the foregoing by its use and storage of standard office products otherwise defined as hazardousmay, which products are used by Tenant with due care and in accordance with the instructions of the product manufacturer and otherwise in compliance with all applicable lawlaws, use and store reasonable quantities of ordinary cleaning solutions and office supplies containing de minimis amounts of Hazardous Materials in the reasonable and prudent Demised Premises to the extent reasonably necessary for the conduct of Tenant's business)▇▇▇▇▇▇’s ordinary business therein. Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties (as defined in Section 15.01(a) of this Lease) from and against all claims, judgments, actions, costs, penalties, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with Tenant's ▇▇▇▇▇▇’s (and its agents'▇▇▇▇▇▇’s Agents, invitees or visitors) storage, use and disposal of toxic materials and material or Hazardous Materials. Tenant will be solely responsible for and will defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Demised Premises and any other property of whatever nature located on the Real Estate to the condition existing prior to such storage, use, generation, manufacture, production, release, discharge or disposal of toxic materials or Hazardous MaterialsMaterials by Tenant. Tenant's obligations under this Section will survive the termination of this Lease. (b) For purposes of this Lease, the term "Hazardous Materials" includes without limitationbut is not limited to: (a) those substances included within the definitions of "hazardous substances," "” “hazardous materials," "” “toxic substances," "” “hazardous wastes," "” “solid waste" or similar terms in any Environmental Law; (b) petroleum products and petroleum byproducts; (c) polychlorinated biphenyls; and (d) chlorinated solvents. The term "Environmental Law" includes any federal, state, municipal or local law, statute, ordinance, regulation, order, rule or requirement (in each case as may be amended from time to time) pertaining to health, industrial hygiene, environmental conditions (including, without limitation, air, ground, water pollution and protection and/or preservation of the environment), or hazardous materials or substances.

Appears in 1 contract

Sources: Lease Agreement (Kalaris Therapeutics, Inc.)