Common use of Use of Hazardous Substances Clause in Contracts

Use of Hazardous Substances. (a) Tenant may utilize certain hazardous substances in the Premises provided that the specific types, amounts and proposed uses of such hazardous substances will require the approval of Landlord (which approval Landlord shall not unreasonably withhold, condition or delay) and the approval of any mortgagee of the Premises (to the extent provided in the loan documents with such mortgagee). In connection with any request by Tenant to utilize hazardous substances in the Premises, Tenant must demonstrate and document to Landlord's reasonable satisfaction that all hazardous substances utilized by Tenant in the Premises (i) are necessary or useful to Tenant's business, (ii) will be used, kept, and stored in a manner so as to prevent releases to the environment or exposure to people and in compliance with all environmental laws so brought or used or kept in or about the Premises, and (iii) Tenant obtains, at Tenant's sole cost and expense, any environmental permits, plans or approvals required for its operations under this Lease and for the Premises, including, but not limited to Hazardous Materials Business Plans, Storm Water Pollution Prevention Plans, Spill Response Plans, Air Pollution Control Permits, Waste Discharge Requirements and NPDES Permits. Any such request by Tenant to utilize hazardous substances at the Premises shall be accompanied with copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to such hazardous substances. Prior to bringing any hazardous substances on to the Premises pursuant to this section 6.4, Tenant shall complete the Landlord's Hazardous Substances Questionnaire in the form attached hereto as Exhibit D attached hereto and made a part hereof (a "Hazardous Substances Questionnaire"). Anything herein to the contrary notwithstanding, Tenant shall be permitted to use and store in the Premises hazardous substances that are identified on Tenant’s Hazardous Substances Questionnaire provided such use and storage of such hazardous substances is in compliance with applicable Legal Requirements, including applicable environmental laws, and the conditions in clauses (i) through (iii) in this section 6.4(a) are satisfied. Tenant hereby certifies to Landlord that the information set forth in any Hazardous Substances Questionnaire completed by Tenant and delivered to Landlord is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on such Hazardous Substances Exhibit, if any. In addition, Tenant also shall provide Material Safety Data Sheets (MSDS) for any hazardous substances stored on the Premises by Tenant. (b) Tenant's business and operations, and in particular, its handling, storage, use and disposal of hazardous substances, shall at all times comply with all applicable laws and regulations. Tenant shall secure and abide by all permits or approvals necessary for Tenant's operations on the Premises, and shall timely request renewals of any such permits or approvals. ▇▇▇▇▇▇ further agrees that ▇▇▇▇▇▇ will not permit any hazardous substances to come into contact with soil or groundwater under or around the Premises. Tenant will give all required notices concerning the presence in or on the Premises or the release of such hazardous substances from the Premises. Tenant shall give or post all notices required by all applicable laws. If Tenant shall at any time fail to comply with this section 6.4, Tenant shall immediately notify Landlord in writing of such noncompliance. (c) Any increase in the premiums for necessary insurance on the Building which arises from Tenant's use and/or storage of hazardous substances shall be solely at Tenant's expense. Tenant shall procure and maintain at its sole expense such additional insurance as may be necessary to comply with any requirement of any Federal, State or local governmental agency with jurisdiction. (d) Landlord may, upon reasonable advance notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord's sole expense. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and Tenant must reimburse Landlord for the cost or fees reasonably incurred for such as Additional Rent. Tenant shall reimburse Landlord for the costs of any inspection, sampling and analysis that discloses contamination for which Tenant is liable under the terms of this section 6.

Use of Hazardous Substances. (a) Tenant may utilize certain Lessee shall not cause or permit any Hazardous Substances to be brought upon, kept or used in or about the premises by Lessee, its agents, employees, contractors, licensees or invitees without the prior written consent of Lessor. "Hazardous Substances," as used herein, shall mean pollutants, contaminants, toxic or hazardous substances wastes, or any other substances, the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term shall mean any federal, state or local law, ordinance or regulation relating to pollution, protection of the environment or public health. "Premises" as used herein is defined elsewhere in the Premises provided that Lease, however, for purposes of this Article, "premises" is further defined to include all structures, fixtures, transformers, underground storage tanks, soil, groundwater and surface water at, in. on or under the specific types, amounts and proposed uses of such hazardous substances will require the approval of Landlord (which approval Landlord shall not unreasonably withhold, condition or delay) and the approval of any mortgagee of the Premises (to the extent provided premises defined in the loan documents with such mortgagee)Lease. In connection with any request by Tenant to utilize hazardous substances in the Premises, Tenant Lessee must demonstrate and document to LandlordLessor's reasonable satisfaction that all hazardous substances utilized by Tenant in the Premises (i) such Hazardous Substances are necessary or useful to TenantLessee's business, (ii) business and will be used, kept, kept and stored in a manner so as to prevent releases to the environment or exposure to people and in compliance that complies with all environmental laws regulating any such Hazardous Substances so brought upon or used or kept in or about the Premisespremises, and (iii) Tenant obtainsLessee maintains high standards of quality control to prevent accidents, at Tenant's sole cost and expensespills or releases. If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Substances on the premises caused or permitted by Lessee results in contamination of the premises, or if contamination of the premises by Hazardous Substances otherwise occurs for which Lessee is legally liable, either under any environmental permitslaw, plans or approvals required to Lessor for its operations under this Lease damage resulting therefrom then Lessee shall indemnify, defend and hold Lessor, and any property manager of the premises, harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the promises, damages for the Premises, including, but not limited to Hazardous Materials Business Plans, Storm Water Pollution Prevention Plans, Spill Response Plans, Air Pollution Control Permits, Waste Discharge Requirements and NPDES Permits. Any such request by Tenant to utilize hazardous substances at the Premises shall be accompanied with copies loss or restriction on use of rentable or usable space or of any Material Safety Data Sheets (amenity of the premises, damages arising from any adverse impact on marketing of space, damages to adjacent property, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of Lessor or property manager by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by the Occupational Safety and Health Act) relating to such hazardous substances. Prior to bringing any hazardous substances on to the Premises pursuant to this section 6.4federal, Tenant shall complete the Landlord's state or local governmental agency because of Hazardous Substances Questionnaire in present in, on or under the form attached hereto as Exhibit D attached hereto and made a part hereof (a "Hazardous Substances Questionnaire")premises. Anything herein to Without limiting the contrary notwithstandingforegoing, Tenant shall be permitted to use and store in if the Premises hazardous substances that are identified on Tenant’s Hazardous Substances Questionnaire provided such use and storage presence of such hazardous substances is in compliance with applicable Legal Requirements, including applicable environmental laws, and the conditions in clauses (i) through (iii) in this section 6.4(a) are satisfied. Tenant hereby certifies to Landlord that the information set forth in any Hazardous Substances Questionnaire completed by Tenant and delivered to Landlord is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on such Hazardous Substances Exhibit, if any. In addition, Tenant also shall provide Material Safety Data Sheets (MSDS) for any hazardous substances stored on the Premises premises caused are permitted by Tenant. (b) Tenant's business and operationsLessee results in arty contamination of the premises, and in particular, its handling, storage, use and disposal of hazardous substances, Lessee shall at promptly lake all times comply with all applicable laws and regulations. Tenant shall secure and abide by all permits or approvals necessary for Tenant's operations on the Premises, and shall timely request renewals of any such permits or approvals. ▇▇▇▇▇▇ further agrees that ▇▇▇▇▇▇ will not permit any hazardous substances to come into contact with soil or groundwater under or around the Premises. Tenant will give all required notices concerning the presence in or on the Premises or the release of such hazardous substances from the Premises. Tenant shall give or post all notices required by all applicable laws. If Tenant shall at any time fail to comply with this section 6.4, Tenant shall immediately notify Landlord in writing of such noncompliance. (c) Any increase in the premiums for necessary insurance on the Building which arises from Tenant's use and/or storage of hazardous substances shall be solely at Tenant's expense. Tenant shall procure and maintain actions at its sole expense such additional insurance as may be are necessary to comply with any requirement return the premises to the condition existing prior to the introduction of any Federalsuch Hazardous Substances to the premises; provided, State however, that Lessor's approval of such actions shall first be obtained. The foregoing indemnity shall survive the expiration or local governmental agency with jurisdictionearlier termination of the Lease. (d) Landlord may, upon reasonable advance notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord's sole expense. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and Tenant must reimburse Landlord for the cost or fees reasonably incurred for such as Additional Rent. Tenant shall reimburse Landlord for the costs of any inspection, sampling and analysis that discloses contamination for which Tenant is liable under the terms of this section 6.

Use of Hazardous Substances. (a) Tenant may utilize certain hazardous substances in Landlord has delivered to Tenant, prior to the execution date hereof, all environmental assessments and reports performed with respect to the Premises provided that which are in Landlord's possession or to which Landlord has access (the specific types"Environmental Reports"). Other than the Environmental Reports, amounts and proposed uses Landlord does not possess any other reports based on assessments, investigations or interpretations relating to the environmental condition of such hazardous substances will require the approval of Landlord (which approval Landlord Premises. Tenant shall not unreasonably withholduse, condition store, dispose, release, discharge, transport or delaygenerate (collectively "Use of Hazardous Substances") any Hazardous Substances (as defined below), in, on, to, under, from or about the Premises or the Project without Landlord's prior written consent, which consent may be granted on conditions or withheld in Landlord's sole and absolute discretion. Tenant warrants and agrees that if Landlord grants its consent to Tenant's Use of Hazardous Substances, such Use of Hazardous Substances shall be conducted in strict accordance with all Environmental Laws (as defined below) and prudent business practices. Any consent or approval by Landlord of Tenant's Use of Hazardous Substances shall not constitute an assumption of risk respecting the approval same nor a warranty or certification by Landlord that Tenant's proposed Use of any mortgagee Hazardous Substances is safe or reasonable or in compliance with Environmental Laws. Tenant shall maintain current all permits required for its operations, including, without limitation, those for the Use of Hazardous Substances. Tenant shall keep and maintain the Premises (to in compliance with all, and shall not cause or permit the extent provided in Premises and the loan documents with such mortgagee). In connection with any request activities conducted thereon by Tenant to utilize hazardous substances be in violation of any, Environmental Laws. Tenant shall not undertake any remedial action with respect to any release of Hazardous Substances or to comply with any violation of any Environmental Law without obtaining the prior written consent of Landlord. If Tenant's use of Hazardous Substances results in an increase in the Premisespremiums of any insurance that Landlord is required to maintain under this Lease, then Tenant must demonstrate and document to Landlord's reasonable satisfaction shall pay the amount of such increased premiums. Additionally, Landlord may require that all hazardous substances utilized by Tenant in the Premises (i) are necessary or useful to Tenant's business, (ii) will be used, kept, and stored in a manner so as to prevent releases to the environment or exposure to people and in compliance with all environmental laws so brought or used or kept in or about the Premises, and (iii) Tenant obtainsprocure, at Tenant's sole cost and expense, any environmental permits, plans additional insurance that specifically covers loss or approvals required for its operations under this Lease and for the Premises, including, but not limited damage to Hazardous Materials Business Plans, Storm Water Pollution Prevention Plans, Spill Response Plans, Air Pollution Control Permits, Waste Discharge Requirements and NPDES Permits. Any such request by Tenant to utilize hazardous substances at the Premises shall be accompanied with copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to such hazardous substances. Prior to bringing any hazardous substances on to the Premises pursuant to this section 6.4, Tenant shall complete the Landlord's Hazardous Substances Questionnaire in the form attached hereto as Exhibit D attached hereto and made a part hereof (a "Hazardous Substances Questionnaire"). Anything herein to the contrary notwithstanding, Tenant shall be permitted to use and store in the Premises hazardous substances persons or property that are identified on Tenant’s Hazardous Substances Questionnaire provided such use and storage of such hazardous substances is in compliance with applicable Legal Requirements, including applicable environmental laws, and the conditions in clauses (i) through (iii) in this section 6.4(a) are satisfied. Tenant hereby certifies to Landlord that the information set forth in any Hazardous Substances Questionnaire completed by Tenant and delivered to Landlord is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on such Hazardous Substances Exhibit, if any. In addition, Tenant also shall provide Material Safety Data Sheets (MSDS) for any hazardous substances stored on the Premises by Tenant. (b) Tenant's business and operations, and in particular, its handling, storage, use and disposal of hazardous substances, shall at all times comply with all applicable laws and regulations. Tenant shall secure and abide by all permits or approvals necessary for Tenant's operations on the Premises, and shall timely request renewals of any such permits or approvals. ▇▇▇▇▇▇ further agrees that ▇▇▇▇▇▇ will not permit any hazardous substances to come into contact with soil or groundwater under or around the Premises. Tenant will give all required notices concerning the presence in or on the Premises or the release of such hazardous substances from the Premises. Tenant shall give or post all notices required by all applicable laws. If Tenant shall at any time fail to comply with this section 6.4, Tenant shall immediately notify Landlord in writing of such noncompliance. (c) Any increase in the premiums for necessary insurance on the Building which arises may result from Tenant's use and/or storage of hazardous substances shall be solely at Tenant's expense. Tenant shall procure and maintain at its sole expense such additional insurance as may be necessary to comply with any requirement of any Federal, State or local governmental agency with jurisdictionHazardous Substances. (d) Landlord may, upon reasonable advance notice to Tenant, be granted access to and enter the Premises no more than once annually to perform or cause to have performed an environmental inspection, site assessment or audit. Such environmental inspector or auditor may be chosen by Landlord, in its sole discretion, and be performed at Landlord's sole expense. Notwithstanding the above, if at any time, Landlord has actual notice or reasonable cause to believe that Tenant has violated, or permitted any violations of any Environmental Law, then Landlord will be entitled to perform its environmental inspection, assessment or audit at any time, notwithstanding the above mentioned annual limitation, and Tenant must reimburse Landlord for the cost or fees reasonably incurred for such as Additional Rent. Tenant shall reimburse Landlord for the costs of any inspection, sampling and analysis that discloses contamination for which Tenant is liable under the terms of this section 6.