Common use of Use of Hazardous Substances Clause in Contracts

Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substances (as defined in Paragraph 6.6.7) to be spilled, leaked, disposed of or otherwise released on, under or about the Premises, the Outside Area or any other portion of the Park by Tenant, its employees, agents, contractors or invitees (each, a “Tenant Party”). Subject to the provisions of this Paragraph 6.6, (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement from any governmental entity) (a) only to the extent reasonably necessary to satisfy Tenant’s reasonable needs in connection with research and development and manufacturing of biopharmaceuticals, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (the “R&D Use”); (b) only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the R&D Use; and (c) provided that chlorinated solvents are only handled and used by trained scientific professionals utilizing due care in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to use the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities set forth on Exhibit E. Any use or storage of Hazardous Substances at the Premises shall be in compliance with all Applicable Laws, including but not limited to Environmental Laws.

Use of Hazardous Substances. (a) The Tenant shall not cause bring or permit allow to be present in the Premises any Hazardous Substances (as defined in Paragraph 6.6.7) to be spilledSubstances, leakedother than those Hazardous Substances, disposed of or otherwise released onif any, under or about the Premises, the Outside Area or any other portion of the Park by Tenant, its employees, agents, contractors or invitees (each, a “Tenant Party”). Subject to the provisions of this Paragraph 6.6, which: (i) the Tenant may use requires for the proper operation of its business operations in the Premises; and (ii) the Landlord permits in writing to be on the Premises only those and used by the Tenant, which permission may be arbitrarily and unreasonably withheld. (b) The Tenant shall provide the Landlord with a written statement describing: (i) all of the Hazardous Substances necessary used by the Tenant in its business and which the Tenant requires to satisfy Tenant’s reasonable needs in connection with be located on the Permitted Use, and Premises; (ii) the procedures used by the Tenant may store to contain and handle such Hazardous Substances on Substances; and (iii) the Premises, but only in quantities necessary procedures used by the Tenant to satisfy Tenant’s reasonable needs in connection contain and deal with the Permitted Usespills of Hazardous Substances. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement from any governmental entity) (a) only Such statement shall be provided to the extent reasonably necessary Landlord prior to satisfy Tenant’s reasonable needs in connection with research the Commencement Date and development and manufacturing of biopharmaceuticals, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (within 20 days following the “R&D Use”); (b) only in quantities necessary date that the Landlord requests such a report from time to satisfy Tenant’s reasonable needs in connection with time during the R&D Use; and Term. (c) provided that chlorinated solvents are only handled The Tenant shall properly containiand handle all Hazardous Substances within the Premises and used by trained scientific professionals utilizing due care dispose of same in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to use the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities set forth on Exhibit E. Any use or storage of Hazardous Substances at the Premises shall be in compliance with all Applicable Laws, including but not limited to Environmental Laws. (d) In no event shall the Premises be used for the sale, transport, transfer, production, storage, manufacture, processing, packaging of or other dealing with any Hazardous Substance except if, and so long as, approved by the Landlord in writing (which approval may be withdrawn at time regardless of any other provision of this Lease to the contrary). (e) The Tenant shall inspect all goods delivered to the Premises and will ensure that no Hazardous Substance is brought into the Premises or any other part of the Building or the Lands by or for the Tenant, the Tenant's Employees or any Transferee except in accordance with the preceding provisions of this section 21.

Use of Hazardous Substances. Tenant 1. EMPLOYER shall not cause or permit any Hazardous Substances (as defined in Paragraph 6.6.7) use its best efforts to be spilled, leaked, disposed of or otherwise released on, under or about the Premises, the Outside Area or any other portion of the Park by Tenant, its employees, agents, contractors or invitees (each, a “Tenant Party”). Subject to the provisions of this Paragraph 6.6, (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, ensure that all performance and (ii) Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use. Notwithstanding the foregoing, Tenant may use and store at the Premises small amounts of chlorinated solvents available for unregulated retail purchase (without any license, permit, approval or endorsement rehearsal spaces are free from any governmental entity) (a) only known and recognized health and safety hazards such as contaminants and toxins or hazardous residues, including to the extent reasonably necessary practicable, mold and dust. EMPLOYER shall not permit the introduction of any substance or a higher concentration of any substance than applicable state and federal statutes and regulations permit. EMPLOYER will comply with all applicable government mandated procedures with respect 2. EMPLOYER will make the MSDS certificate for any special effects used in any production available and said effects will not be used in any manner which could be injurious to satisfy Tenant’s reasonable needs any ARTIST. EMPLOYER will make best efforts to ensure that all conduits and pipes employed to create fog or smoke effects shall be clean and free of mold, mildew, and/or other contaminants. 3. EMPLOYER will not use any smoke and/or fog devices or effects as set forth in connection with research and development and manufacturing Paragraph 4 below, unless each ARTIST scheduled to perform in that production is given forty-eight (48) hours advance notice of biopharmaceuticalsEMPLOYER's intended use of such devices. 4. EMPLOYER will use only water vapor or dry ice to create smoke or fog effects in any production, biotherapeutics, biotechnology, biomedical technology, bioprocessing technology, and biomanufacturing technology (the “R&D Use”); (b) only in quantities necessary to satisfy Tenant’s reasonable needs in connection with the R&D Use; following exceptions, in which case any ARTIST that has a documented physical restriction which precludes them performing when something other than water vapor or dry ice is used to create smoke or fog effects will be excused from performing ‘In the Upper Room,’ without penalty: • ▇▇▇▇▇ ▇▇▇▇▇'▇ "In the Upper Room” including a Photo Shoot specifically associated • ▇▇▇▇▇▇▇ ▇▇▇▇’▇ “Dracula” • Pyrotechnic effects previously used for the following pieces: • ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇’s “The Nutcracker” • Current productions of Colorado Ballet’s “Sleeping Beauty” and (c) provided that chlorinated solvents are only handled and used by trained scientific professionals utilizing due care in accordance with all Environmental Laws and industry standards applicable to the storage, handling, and use of Hazardous Substances in connection with the R&D Use“Swan Lake” in 5. In addition to complying with Paragraph 6.2, Tenant shall exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled or stored on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right Should EMPLOYER desire to use effects other than water vapor or dry ice to create smoke or fog in any production, it must secure the Hazardous Substances identified on the attached Exhibit E, provided that (i) Tenant may use on the Premises only those Hazardous Substances necessary to satisfy Tenant’s reasonable needs in connection with the Permitted Use, and (ii) Tenant may store agreement by AGMA of such Hazardous Substances on the Premises, but only in quantities set forth on Exhibit E. Any use or storage of Hazardous Substances at the Premises shall be in compliance with all Applicable Laws, including but not limited to Environmental Lawsuse.