Common use of Use of Hazardous Materials Clause in Contracts

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, there shall be no ACTION (which, as used in this SECTION 3.4(f), shall mean and refer to any use, disposal, storage, removal, treatment, import, handling or processing of Hazardous Materials on, from or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project (individually and collectively, "HAZARDOUS USE") by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers or occupants (collectively, "TENANT'S PARTIES"), except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Tenant shall be entitled to undertake an Action only with respect to those Hazardous Materials which are (i) set forth in a list prepared by Tenant and approved in writing by Landlord, (ii) necessary for Tenant's business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iii) in full compliance with Environmental Requirements, and all judicial and administrative decisions pertaining thereto. Tenant shall not be entitled to install any tanks under, on or about the Building or Project for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(f), the term "HAZARDOUS USE" shall include Hazardous Use(s) on, from or under the Building or Project by Tenant or any of Tenant's Parties, whether known or unknown to Tenant.

Use of Hazardous Materials. Tenant agrees that during -------------------------- the Term of this Lease, there Tenant shall be no ACTION (which, as used in this SECTION 3.4(f), shall mean and refer to any not use, disposalor permit the use of, storagenor store, removalgenerate, treatmenttreat, import, handling manufacture or processing dispose of Hazardous Materials on, from or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project Premises (individually and collectively, "HAZARDOUS USEHazardous Use") by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers or occupants (collectively, "TENANT'S PARTIES"), except to the ------------- extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action use and store only with respect to those Hazardous Materials which are (ia) set forth in a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (iihereinafter defined), (b) necessary for Tenant's business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iiic) in full compliance with Environmental RequirementsLaws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "Approved Hazardous Materials". Within thirty (30) days after request by -------- Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous ---------------- Materials. Tenant shall not be entitled to install any tanks under, on or about the Building or Project Premises for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(fParagraph 11.B.(iii), the term "HAZARDOUS USE" Hazardous -------------------- Use shall include Hazardous Use(s) on, from or under the Building Premises by Tenant, any Subtenant occupying all or Project by Tenant any portion of the Premises during the Term, or any of Tenant's their directors, officers, employees, shareholders, partners, invitees, agents, contractors or occupants (collectively, "Tenants Parties"), whether --------------- known or unknown to Tenant, occurring during the Term of this Lease. The term "Tenant's Parties" shall not include any tenants of the Project other than ---------------- Tenant, except that the term "Tenant's Parties" shall include any Subtenant occupying all or any portion of the Premises during the Term.

Use of Hazardous Materials. Tenant agrees that during the -------------------------- Term of this Lease, there Tenant shall be no ACTION (which, as used in this SECTION 3.4(f), shall mean and refer to any not use, disposalor permit the use of, storagenor store, removalgenerate, treatmenttreat, import, handling manufacture or processing dispose of Hazardous Materials on, from or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project Premises (individually and collectively, "HAZARDOUS USEHazardous Use") by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers or occupants (collectively, "TENANT'S PARTIES"), except to the ------------- extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action use and store only with respect to those Hazardous Materials which are (ia) set forth in a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (iihereinafter defined), (b) necessary for Tenant's business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iiic) in full compliance with Environmental RequirementsLaws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "Approved Hazardous Materials". Within thirty (30) days after request by ---------------------------- Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Building or Project Premises for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(fParagraph 11.B.(iii), the term "HAZARDOUS USE" Hazardous -------------------- Use shall include Hazardous Use(s) on, from or under the Building Premises by Tenant, any Subtenant occupying all or Project by Tenant any portion of the Premises during the Term, or any of Tenant's their directors, officers, employees, shareholders, partners, invitees, agents, contractors or occupants (collectively, "Tenants Parties"), whether --------------- known or unknown to Tenant, occurring during the Term of this Lease. The term "Tenant's Parties" shall not include any tenants of the Project other than ---------------- Tenant, except that the term "Tenant's Parties" shall include any Subtenant occupying all or any portion of the Premises during the Term.

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, there Tenant shall be no ACTION (which, as used in this SECTION 3.4(f), shall mean and refer to any not use, disposalor permit the use of, storagenor store, removalgenerate, treatmenttreat, import, handling manufacture or processing dispose of Hazardous Materials on, from or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project Premises (individually and collectively, "HAZARDOUS USEHazardous Use") by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers or occupants (collectively, "TENANT'S PARTIES"), except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action use and store only with respect to those Hazardous Materials which are (ia) set forth in a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (iihereinafter defined), (b) necessary for Tenant's business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iiic) in full compliance with Environmental RequirementsLaws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "Approved Hazardous Materials". Within thirty (30) days after request by Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Building or Project Premises for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(fParagraph 11.B.(iii), the term "HAZARDOUS USE" Hazardous Use shall include Hazardous Use(s) on, from or under the Building Premises by Tenant, any Subtenant occupying all or Project by Tenant any portion of the Premises during the Term, or any of their directors, officers, employees, shareholders, partners, invitees, agents, contractors or occupants (collectively, "Tenant's Parties"; provided, whether known or unknown to however, that if Tenant.'s stock is publicly traded, the term "Tenant's Parties" shall not include any shareholder of Tenant

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, there Tenant shall be no ACTION (which, as used in this SECTION 3.4(f), shall mean and refer to any not use, disposalor permit the use of, storagenor store, removalgenerate, treatmenttreat, import, handling manufacture or processing dispose of Hazardous Materials on, from or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project Premises (individually and collectively, "“HAZARDOUS USE"”) by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers or occupants (collectively, "TENANT'S PARTIES"), except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action use and store only with respect to those Hazardous Materials which are (ia) set forth in a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (iihereinafter defined), (b) necessary for Tenant's ’s business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iiic) in full compliance with Environmental RequirementsLaws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the “APPROVED HAZARDOUS MATERIALS”. Within thirty (30) days after request by Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Building or Project Premises for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's ’s sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(fPARAGRAPH 11.B.(iii), the term "HAZARDOUS USE" Hazardous Use shall include Hazardous Use(s) on, from or under the Building Premises by Tenant, any Subtenant occupying all or Project by Tenant any portion of the Premises during the Term, or any of Tenant's Partiestheir directors, officers, employees, shareholders, partners, invitees, agents, contractors or occupants (collectively, “TENANT’S PARTIES”), whether known or unknown to Tenant., occurring during the Term of this Lease. The term “TENANT’S PARTIES” shall not include any tenants of the

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, there Tenant shall be no ACTION (which, as used in this SECTION 3.4(f), shall mean and refer to any not use, disposalor permit the use of, storagenor store, removalgenerate, treatmenttreat, import, handling manufacture or processing dispose of Hazardous Materials on, from or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project Premises (individually and collectively, "HAZARDOUS USE"“Hazardous Use”) by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers or occupants (collectively, "TENANT'S PARTIES"), except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action use and store only with respect to those Hazardous Materials which are (ia) set forth of the types and in a list prepared by Tenant amounts customary in ordinary office and approved in writing by Landlordjanitorial use, (iib) necessary for Tenant's ’s business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iiic) in full compliance with Environmental RequirementsLaws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord or used in accordance with the preceding sentence shall collectively be referred to as the “Approved Hazardous Materials.” Tenant shall not be entitled to install any tanks under, on or about the Building or Project Premises for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's ’s sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(fParagraph 11.B.(iii), the term "HAZARDOUS USE" “Hazardous Use” shall include Hazardous Use(s) on, from or under the Building Premises by Tenant, any Subtenant occupying all or Project by Tenant any portion of the Premises during the Term, or any of their directors, officers; employees, shareholders, partners, invitees, agents, contractors or occupants (collectively, “Tenant's ’s Parties”; provided, however, that if Tenant’s stock is publicly traded, the term “Tenant’s Parties” shall not include any shareholder of Tenant who owns less than ten percent (10%) of Tenant’s common stock), whether known or unknown to Tenant, occurring during the Term of this Lease. The term “Tenant’s Parties” shall not include any tenants of the Project other than Tenant, except that the term “Tenant’s Parties” shall include any Subtenant occupying all or any portion of the Premises during the Term.

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, there shall be no ACTION (whichuse, as used in this SECTION 3.4(f), shall mean and refer to any usepresence, disposal, use, storage, generation, processing, removal, disposal, leakage,treatment, manufacture, import, handling or processing of Hazardous Materials onhandling, from or under the Building or Project)processing, and no generationRelease, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project (individually and collectively, "HAZARDOUS USEHazardous Use") by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenants, assignees, licensees, vendors, customers contractors or occupants (collectively, "TENANT'S PARTIESTenant's Parties"), except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Tenant shall be entitled to undertake an Action use and store only with respect to those Hazardous Materials which are (i) set forth in a list prepared by Tenant and approved in writing by LandlordLandlord (and which list may in any event include asthma medication and inhalers and other pharmaceuticals held at the Premises for distribution for human consumption in the ordinary course of Tenant's business and in accordance with all Governmental Requirements), (ii) necessary for Tenant's business, but then only in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iii) in full compliance with Environmental Requirements, and all judicial and administrative decisions pertaining thereto. Tenant shall not be entitled to install any tanks under, on or about the Building or Project for the storage of Hazardous Materials without the express written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Tenant shall be entitled to undertake an Action with respect to any ordinary and customary materials reasonably required in the normal course of the Permitted Use, so long as such Action is in compliance with all Governmental Requirements and does not expose the Project or neighboring property to any material risk of contamination or damage or expose Landlord to any liability therefor. For the purposes of this SECTION 3.4(fSection 3.4(e), the term "HAZARDOUS USEHazardous Use" shall include Hazardous Use(s) on, from or under the Building or Project by Tenant or any of Tenant's Parties, whether known or unknown to Tenant.

Use of Hazardous Materials. (a) Tenant agrees that during shall keep and maintain the Term Premises in compliance with and shall not cause or permit the Premises or the Complex to be in violation of this Lease, there shall be no ACTION any Environmental Laws (which, as used in this SECTION 3.4(fdefined below), shall mean and refer to provided that Tenant hereby does not assume any use, disposal, storage, removal, treatment, import, handling or processing of responsibility for any Hazardous Materials on, that may exist on or about the Premises prior to the Commencement Date or may migrate from other property onto the Premises after the Commencement Date unless introduced into the Premises or under the Building or Project), and no generation, leakage, manufacture, Release or threatened Release of Hazardous Materials on, from or under the Building or Project (individually and collectively, "HAZARDOUS USE") such other property by Tenant or any of its directors, officers, members, managers, partners, employees, shareholders, invitees, guests, agents, contractors, subtenantsor invitees or Tenant's or its employees', assigneesagents', licenseescontractors', vendorsor invitees' acts otherwise contribute to the existence of or migration of Hazardous Materials. Tenant shall not use, customers generate, manufacture, produce, store, release, discharge, or occupants dispose of, on, under or about the Premises or the Complex or transport to or from the Premises or the Complex any Hazardous Materials (collectivelyas defined below) or allow its employees, "TENANT'S PARTIES")agents, contractors, or invitees to do so, except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. It is further agreed that Tenant shall be entitled permitted to undertake an Action only transport to and from the Premises, and to use, store, maintain and handle within the Premises reasonable and customary quantities of ordinary office products, janitorial materials and cleaning supplies such as inks, household cleansers, and the like. However, the foregoing provisions shall not prohibit the transportation to and from, and the use, storage, maintenance and handling within the Premises of substances customarily used in connection with respect to those Hazardous Materials which are Tenant's permitted uses (i) as currently set forth in a list prepared by Tenant and Section 2 above or as otherwise approved in writing by Landlord), including biotechnical research and production, provided: (ii1) such substances shall be used and maintained only in such quantities as are reasonably necessary for Tenant's businessthe permitted uses of the Premises, but then only strictly in the amounts and for the purposes previously disclosed in writing to and approved in writing by Landlord, and (iii) in full compliance accordance with Environmental Requirements, Laws and all judicial and administrative decisions pertaining thereto. Tenant the manufacturers' instructions therefor; (2) such substances shall not be entitled to install any tanks underdisposed of, on released or about discharged in the Building or Project for the storage of Hazardous Materials without the express written consent of LandlordComplex, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Tenant and shall be entitled transported to undertake an Action with respect to any ordinary and customary materials reasonably required in from the normal course of the Permitted Use, so long as such Action is Premises in compliance with all Governmental Requirements applicable laws; (3) if any applicable law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and does not expose licensed disposal company (with insurance listing Landlord as an additional insured) at a lawful disposal site and shall ensure that disposal occurs frequently enough to prevent unnecessary storage of such substances in the Project or neighboring property to Premises; and (4) any material risk of contamination or damage or expose Landlord to any liability therefor. For Hazardous Materials introduced into the purposes of this SECTION 3.4(f), the term "HAZARDOUS USE" shall include Hazardous Use(s) on, from or under the Building or Project Premises by Tenant or any its employees, agents, contractors, or invitees shall be properly and lawfully removed from the Complex upon expiration or earlier termination of Tenant's Parties, whether known or unknown to Tenant.this Lease;