Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.
Appears in 2 contracts
Samples: Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.), Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Hazardous Materials. Tenant shall Except as otherwise disclosed in the Secured Agreement or the Business Plan, each Mortgagor represents, warrants and covenants that to the best of its knowledge such Mortgagor has not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any used Hazardous Materials (as defined hereinhereinafter) on, from, or affecting the Mortgaged Property in any manner which violates Federal, state or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials, and that, to the best of such Mortgagor's knowledge, no prior owner of the Mortgaged Property or any tenant, subtenant, prior tenant or prior subtenant have used Hazardous Materials on, from, affecting, or related to the Mortgaged Property in any manner which violates Federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials. Each Mortgagor shall use its best efforts to keep or cause the Mortgaged Property to be brought uponkept free of Hazardous Materials. Without limiting the foregoing, storedno Mortgagor shall cause or permit the Mortgaged Property to be used to generate, manufacturedmanufacture, generatedrefine, blendedtransport, handledtreat, recycledstore, treatedhandle, disposed dispose, transfer, produce or used process Hazardous Materials, except in compliance with all applicable Federal, state or local laws or regulations, nor shall any Mortgagor cause or permit, as a result of any intentional or unintentional act or omission on the part of such Mortgagor or any tenant or subtenant, a release of Hazardous Materials onto the Mortgaged Property or onto any other property. Each Mortgagor shall comply with and shall, by covenants in all future leases, seek to ensure compliance by all tenants and subtenants with all applicable Federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and by covenants in all future leases, seek to ensure that all tenants and subtenants obtain and comply with, any and all approvals, registrations or permits required thereunder. Each Mortgagor shall (a) conduct and complete all investigations, studies, sampling, and testing, and all remedies, removal, and other actions necessary to clean up and remove all Hazardous Materials on, under from, or about affecting the Premises, the Building, the Common Area, Mortgaged Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of (i) in accordance with all applicable Environmental Laws. Tenant shall not installFederal, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present state and future statutes, regulationslocal laws, ordinances, rules, codesregulations and policies, judgmentsand (ii) in accordance with the orders and directives of all Federal, orders state, and local governmental authorities, and (b) defend, indemnify, and hold harmless Mortgagee, Obligee and their respective employees, agents, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or other similar enactments expenses of any governmental authority whatever kind or agency regulating nature, known or relating to health, safetyunknown contingent or otherwise arising out of, or environmental conditions onin any way related to, under(i) the presence, disposal, release, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence threatened release of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, Materials which are on, under from, affecting, or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect related to the soil, water, vegetation, buildings, personal property, persons, animals, of or otherwise on, the Mortgaged Property, ; (ii) any personal injury (including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)wrongful death) or any similar state statute. Landlord shall have the right property damage (real or personal arising out of or related to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.Materials;
Appears in 2 contracts
Samples: Junior Mortgage and Security Agreement (Atlantic Gulf Communities Corp), Junior Mortgage and Security Agreement (Atlantic Gulf Communities Corp)
Hazardous Materials. Tenant shall not cause nor permitor permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) related to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the environmentBuilding or the transportation to or from the Premises or the Building of any Hazardous Materials, including without limitationexcept de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the following: Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Comprehensive Environmental Response, Compensation and Liability Act; Term of this Lease at or from the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 Premises which arises at any time from Tenant's use or occupancy of the NRS), and any regulations Premises or policies promulgated from acts or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures omissions of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the wastesrequired plans. Tenant shall indemnify, by-productsdefend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or residues generatedother release of Hazardous Materials that occurs during the Term of this Lease, resulting, at or produced therefrom. Tenant and from the Premises which arises at any time from Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing 's use or occupancy of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the improvements Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance earlier termination of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such teststhis Lease. The phrase “environmental condition” shall mean any adverse condition relating to any term Hazardous Materials or the environmentas used herein shall include any chemical, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordsubstance, or shallmaterial which has been or is hereafter determined by any federal, at Landlord’s electionstate, reimburse Landlordor local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, upon demandasbestos, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such workpolychlorinated biphenyls, based upon Landlord’s reasonable estimate of the cost thereof; radioactive materials, and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beradon gas.
Appears in 2 contracts
Samples: Office Lease (Ask Jeeves Inc), Office Lease (Ask Jeeves Inc)
Hazardous Materials. Tenant Lessee, at its sole cost, shall not comply with and cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants its agents to comply with applicable law (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar state statutes, and any regulations promulgated under either) relating to the storage, use and disposal of any hazardous material, hazardous waste, hazardous substance, hazardous constituent, toxic or radioactive matter, including those materials identified in the federal Hazardous Materials Transportation Act, as amended; the federal Resource Conservation and Recovery Act, as amended (“RCRA”); those substances defined as “hazardous wastes” in the Massachusetts Hazardous Waste Facility Siting Act, as amended (Massachusetts General Laws Chapter 21D); and all state those substances defined as “hazardous materials” or “oil” in Massachusetts General Laws Chapter 21E, as amended (collectively, “Toxic Materials”). If Lessee or Lessee’s agents desire to store, use or dispose of any Toxic Materials in, on or about the Property (other than the storage and local counterparts thereto (including Chapter 459 use of the NRSreasonable quantities of customary office supplies), Lessee shall first request and any regulations obtain Lessor’s approval (which shall not be unreasonably withheld, conditioned or policies promulgated delayed) to such proposed storage, use or issued thereunderdisposal in writing, which request must be made at least ten (10) days prior to the storage, use or disposal thereof in, on or about the Leased Premises. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, If Xxxxxx’s activities violate or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures create a risk of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law applicable law, Lessee shall cease such activities immediately upon notice from Lessor. Whether or presence not Lessor is aware or approves of the storage, use or disposal of any Hazardous MaterialsToxic Material by Lessee or Lessee’s agents, Lessee shall be solely responsible for and shall defend, indemnify and hold Lessor and Lessor agents harmless from and against all claims, costs and liabilities, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, arising out of or in connection with the storage, use, generation, transportation, disposal or release of Toxic Materials by Lessee or Lessee’s agents, including any such claims, costs, damages and liabilities (including reasonable attorneys’ fees and costs, court costs and fees and costs of experts) arising out of or in connection with any investigation, testing, remediation, removal, clean-up, monitoring and/or restoration services, work, materials and equipment necessary to return the Leased Premises and any other than office and janitorial supplies as permitted aboveproperty of whatever nature to their condition existing prior to the storage, use, generation, transportation, disposal or release of Toxic Materials by Lessee or Lessee’s agents in, on, under on or about the Leased Premises or the improvements Property, and otherwise satisfactorily to investigate and remediate the contamination arising therefrom to the reasonable satisfaction of Lessor and all governmental authorities. If at any time during or after the soil or groundwater thereunder. Tenant shall neither create or suffer to existTerm of this Lease, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance Xxxxxx becomes aware of any kind with respect to injury, investigation, administrative proceeding, or judicial proceeding regarding the storage, use or disposition of any Toxic Materials by Lessee or Lessee’s agents on or about the Leased Premises or the Property, including without limitationof any spill or unauthorized discharge of Toxic Materials or of any condition constituting an imminent hazard under any applicable law, any lien imposed pursuant to Section 107(f) Lessee shall immediately give Lessor written notice advising Lessor of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testssame. The phrase “environmental condition” provisions of this Article 36 shall mean survive any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event termination of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 2 contracts
Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, Inc.
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined hereinhereinbelow) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed kept or used on, under in or about the Building, the Property, the Common Areas and/or the Project by Tenant, its agents, employees, contractors, or licensees, except such Hazardous Materials that are typical in Tenant’s business and that are at all times, used, kept and stored in the manner that complies with all laws, rules, regulations and ordinances now or hereafter regulating any such Hazardous Materials. If Tenant breaches the covenants and obligations set forth herein or, if the presence of Hazardous Materials on, in or about the Building, the Premises, the Project, the Property and/or the Common Areas, as the case may be, caused by Tenant, its agents, employees, contractors, licensees or invitees results in contamination of all or any portion of the Project or any other property, whether or not adjacent thereto, then Tenant shall indemnify, defend and hold Landlord free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification by Tenant of Landlord shall include, without limitation, any and all costs incurred with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Materials caused by Tenant, its agents, employees, contractor, licensees and/or invitees in, on or about the Building, the Common Area, Property Areas or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed soil or ground water on or under the Property. The provisions of in accordance with all applicable Environmental Lawsthis Section 10.02 shall survive the expiration or earlier termination of this Lease. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on For purposes of the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereinLease, the term “Environmental LawsHazardous Materials” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, shall mean the following: (a) those substances included within the definitions of “hazardous substances,” “pollutant,” or “contaminant” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et. seq. as heretofore or hereafter amended, the regulations promulgated pursuant to such Act and state laws and regulations similar to or promulgated pursuant to such Act; the Resource Conservation and Recovery Act(b) any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) flammable explosive, or (iv) radioactive; and all state (c) such other substances, materials and local counterparts thereto (including Chapter 459 of the NRS), and any regulations wastes which are or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined become regulated as hazardous or toxictoxic under federal, under any Environmental Laws, asbestos and petroleum, including crude oil state or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kindlocal law. As defined in Environmental LawsWithout limiting the foregoing, Tenant is and shall be deemed responsible for any leaks or spills associated with Tenant’s use of the back-up generator (which is being installed at Tenant’s request). Likewise, Landlord covenants that Landlord shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Building or Project by TenantLandlord, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord licensees in writing of the violation of any Environmental Law applicable laws or presence of regulations. Further, Landlord shall indemnify, defend and hold Tenant free and harmless from and against any Hazardous Materialsand all claims, other than office judgments, damages, penalties, fines, costs, liabilities and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, losses (including without limitation, any lien imposed pursuant to Section 107(fsums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of either a breach by Landlord of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) foregoing covenant or any similar state statute. Landlord shall have the right otherwise due to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction existing upon commencement of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord Lease Term by no fault of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beTenant.
Appears in 2 contracts
Hazardous Materials. Tenant (a) Without limiting the generality of the provisions of Section 6.3, Tenant, at its sole cost and expense, shall not cause nor permitcomply with all statutes, nor allow any ordinances, rules and regulations of governmental authorities relating to the storage, use, transportation, release and/or disposal on or about the Premises or the Project by Tenant’s or Tenant’s affiliates’ , its employees, agents, customerscontractors and invitees, visitorsof radioactive materials, hazardous waste, toxic or contaminated substances or similar materials, including, without limitation, any substances which are "hazardous substances" "hazardous waste" "hazardous materials" or "toxic substances" under applicable federal, state and local statutes, ordinances, rules or regulations (collectively, "Hazardous Materials"). Tenant shall not store, use, transport, release or dispose of any Hazardous Materials in, on, from or about the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Landlord's prior written consent shall not be required for Tenant's use on the Premises of substances and materials typically used in office environments, such as office and cleaning supplies in customary and reasonable amounts and used in strict compliance with all statutes, ordinance, rules and regulations of governmental authorities relating to Hazardous Materials. Tenant shall be solely responsible for, and shall indemnify, defend and hold Landlord and its officers, directors, shareholders, partners, members, agents, employees, contractors, invitees, licenseesrepresentatives, contractors, assignees or subtenants (individually, a “Tenant Party” successors and collectively, “Tenant’s Parties”) to cause or permitassigns harmless from and against, any and all losses, costs, claims, damages, liabilities and causes of action (including attorneys' fees and consultants' fees and costs, and the costs of any investigation, monitoring and remediation) arising out of or in connection with the storage, use, transportation, release or disposal of Hazardous Materials (as defined herein) by Tenant, its employees, agents, contractors and invitees, including any claims for the clean-up or remediation of any such Hazardous Materials. Tenant shall provide to be brought uponLandlord written notice of any communication received by Tenant from any governmental authority or other party alleging the existence of Hazardous Materials in, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property Building or the Project, except for routine office and janitorial supplies in usual and customary quantities storedor any alleged violation of environmental laws with respect to the Premises, used and disposed the Building or the Project. Without limiting any other provision of in accordance with all applicable Environmental Laws. this Lease, Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating provide Landlord with access to health, safety, or environmental conditions on, under, or about the Premises during all reasonable times in order to enable Landlord to conduct any inspection, monitoring, remediation, removal or repair related to the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 presence or alleged presence of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises Premises, the Building or the improvements Project. Any such inspection, monitoring, remediation, removal or the soil or groundwater thereunder. Tenant repair on Premises shall neither create or suffer be conducted by Landlord in a manner calculated to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind minimize interference with respect Tenant's operations to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beextent reasonably possible.
Appears in 2 contracts
Samples: Interwave Communications International LTD, Interwave Communications International LTD
Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (Material, as defined herein) hereinafter defined, to be brought upon, stored, manufacturedused, generated, blendedreleased into the environment, handled, recycled, treated, or disposed or used of on, under in, under, or about the Premises, except (i) reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business, (ii) reasonable quantities of chemicals and other Hazardous Material for research and development purposes shall be allowed to be stored on site as long as threshold quantities (the Buildinglowest listed limit as defined by Washington law or regulations) for either specific agents or risk categories are not exceeded, and (iii) those materials used in the Common Areaoperation of the Permitted Use that require Biosafety Level 2 (BSL-2) precautions or lower as defined by the most current edition of the text Biosafety in Microbiological and Biomedical Laboratories (BMBL) as published by the U.S. Department of Health and Human Services, Property or the Projectall of which shall be generated, except for routine office and janitorial supplies in usual and customary quantities used, kept, stored, used and or disposed of in accordance a manner that complies with all applicable Environmental Lawslaws regulating any such Hazardous Materials and with good business practices. Tenant shall not installengage in the use of hazardous substance at larger than "Laboratory Scale" as defined by WAC 000-000-000. Tenant covenants to remove from the Premises (or the Building, operate if applicable), upon the expiration or maintain sooner termination of this Lease and at Tenant's sole cost and expense, any above and all Hazardous Materials brought upon, stored, used, generated, or below grade tankreleased into the environment during the term of this Lease. To the fullest extent permitted by law, sumpTenant hereby agrees to indemnify, pitdefend, pondprotect, lagoon and hold harmless Landlord, Xxxxxxxx's managing agent and their respective agents and employees, and their respective successors and assigns, from any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or after the term directly or indirectly from the use, storage, disposal, release, or presence of Hazardous Materials on, in, or about the Premises which occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Premises that Tenant or Tenant's agents or employees become aware of during the term of this Lease, whether caused by Tenant, Xxxxxx's agents or employees, or any other storage persons or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretionentities. As used herein, the term “Environmental Laws” means all applicable present and future statutes"Hazardous Materials" shall mean any hazardous or toxic substance, regulationsmaterial, ordinances, rules, codes, judgments, orders or other similar enactments of waste which is or becomes regulated by any local or state governmental authority or agency regulating the United States Government. The term "Hazardous Materials" shall include, without limitation, any material or relating to healthsubstance that is (i) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," or "waste" under any federal, safetystate, or environmental conditions onlocal law, under(ii) petroleum, or about the Premises or the environmentand (iii) asbestos. The provisions of this Section 20, including including, without limitation, the following: the Comprehensive Environmental Responseindemnification provisions set forth herein, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 shall survive any termination of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 2 contracts
Samples: Lease (AbSci Corp), Lease (AbSci Corp)
Hazardous Materials. Tenant Subject to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not cause nor permitconsidered part of the Premises), nor allow any caused by the acts or omissions of Tenant’s Lessee, or Tenant’s affiliates’ its agents, employees, agents, customers, visitorsrepresentatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, assignees clean up and otherwise remediate any spill, release or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any discharge of Hazardous Materials (as defined herein) caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be brought uponperformed after Lessee has obtained Lessor's written consent, storedwhich shall not be unreasonably withheld; provided, manufacturedhowever, generatedthat Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, blendeddefend and hold Lessor harmless from and against any and all claims, handledjudgments, recycleddamages, treatedpenalties, disposed fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or used onrelated to the use, under presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the PremisesPremises caused by the acts or omissions of Lessee, the Buildingits agents, the Common Areaemployees, Property representatives, invitees, licensees, subtenants, customers or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawscontractors. Tenant Lessee shall not installbe entitled to install any tanks under, operate on or maintain any above or below grade tank, sump, pit, pond, lagoon or other about the Premises for the storage or treatment vessel or device on of Hazardous Materials without the Property without Landlord’s prior express written consent of Lessor, which may be given or withheld in Landlord’s Lessor's sole discretion. As used herein, the term “Environmental Laws” means Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable present local, state and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Actfederal laws; the Resource Conservation and Recovery Act(ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunderv) radioactive materials. The term “Hazardous Materials” means provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and includes against any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas all costs and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed expenses actually to be expended by Lessee pursuant to the “operator” terms of Tenant’s “facility” and the “owner” a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors to the extent such clean up or invitees, and remediation results from (i) the wastes, by-products, acts or residues generated, resulting, omissions of Lessor; or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing (ii) as a result of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, Materials known to Lessor to exist on, under or about the Premises or the improvements Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the soil Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or groundwater thereunder. Tenant injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall neither create or suffer to exist, nor permit any Tenant Party not be construed to create an independent obligation for Lessor to perform or suffer pay for any remediation or clean up over and above what Lessor would otherwise be required to exist any lien, security interest or other charge or encumbrance perform by law following a final adjudication of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may besaid matter.
Appears in 2 contracts
Samples: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
Hazardous Materials. Tenant shall not cause nor permitor permit the storage, nor allow any of Tenant’s use, ------------------- generation, release, handling or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants disposal (individually, a “Tenant Party” and collectively, “Tenant’s Parties”"Handling") to cause or permit, of any Hazardous Materials (as defined herein) to be brought uponbelow), storedin, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environmentReal Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use in the Premises in a normal and customary manner normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Upon Xxxxxxxx's request from time to time, Tenant shall provide to Landlord a complete written inventory of all Hazardous Materials which Tenant anticipates using or storing on, or discharging from, the Premises along with copies of all reports, permits and business plans filed with any federal, state, local or other governmental agency. Tenant shall update the inventory as frequently as required to reflect any material changes to the items required to be disclosed therein. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Section 13.a. below), harmless from and against all Claims (as defined in Section 13.a. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or about the Premises by any Tenant Party. Xxxxxx's foregoing indemnity shall not apply to the extent of Claims arising solely by reason of Hazardous Materials conditions existing upon the Premises or the Real Property as of the date of this Lease. Tenant shall promptly provide Landlord with copies of all notices received by it, including, without limitation, any notice of violations, notice of responsibility or demand for action from any federal, state or local authority or official in connection with the presence of Hazardous Materials in or about the Premises or any other portion of the Property. In the event of any release of Hazardous Materials upon the Premises or any other portion of the Property, or upon adjacent lands, if caused by Tenant or any other Tenant Party, Tenant shall promptly remedy the problem in accordance with all applicable Legal Requirements. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitationlimitation asbestos containing materials, the following: PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (1976, 42 U.S.C. Section 9607(1)) 6901-6987; or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to other Legal Requirement regulating, relating to, or imposing liability or standards of conduct testsconcerning any such materials or substances now or at any time hereafter in effect (collectively, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any "Hazardous Materials Laws"). Tenant's obligations under this Section 8.d. shall survive the expiration or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event other termination of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 2 contracts
Samples: Avantgo Inc, Avantgo Inc
Hazardous Materials. Tenant Lessor shall hold Lessee harmless and indemnify Lessee from and assume all duties, responsibility and liability at Lessor's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions prior to the Effective Date; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Building or premises or activities conducted thereon, unless such environmental conditions are caused by Lessee. Lessee shall comply at all times with all Pinellas County, State of Florida and U.S. Government laws concerning renovation of the leased premises. This compliance includes, but is not cause nor permitlimited to, nor allow a thorough written asbestos inspection and asbestos survey report, written notification, proper removal practices and proper disposal of regulated asbestos containing materials prior to any applicable renovation of Tenant’s the demised premises. Lessee shall indemnify, protect, defend and hold Lessor harmless from and against any and all claims arising out of, in connection with, or Tenant’s affiliates’ employeesdirectly or indirectly arising out of the generation, treatment, release, disposal or transportation of regulated asbestos containing materials by Lessee, or any successor, assignee or sublessee of Lessee, or their respective agents, customerscontractors, visitors, inviteesemployees, licensees, contractorsor invitees, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under about or about from the Premisesleased premises, the Buildingincluding, the Common Areabut not limited to, Property all foreseeable and unforeseeable costs, expenses, and liabilities related to any inspection, survey, testing, repair, cleanup or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS)removal costs, and any regulations foreseeable or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beunforeseeable consequential damages.
Appears in 2 contracts
Samples: Nonsolicitation and Noncompetition Agreement (Magnegas Corp), Nonsolicitation and Noncompetition Agreement (Magnegas Corp)
Hazardous Materials. (a) Tenant shall keep the demised premises free of Hazardous Materials (as hereinafter defined), except as is typical for Tenant's then use which initially shall include, without limitation, the maintenance of vehicles with the attendant storing and using of oil, greases, solvents, etc., and the storing of waste materials derived therefrom, and it is understood that trucks and vehicles stored and/or parked on or in the demised premises may have fuel oil in such truck or vehicle, but Tenant shall be in all respects responsible for compliance with all laws and regulations pertaining to such fuel oil, greases, solvents, etc. and the storing of such waste materials as a Hazardous Material and for the indemnification of Landlord and Landlord's representatives with respect thereto as further provided in this paragraph (a). Without limiting the foregoing, Tenant shall not cause nor permitor permit the demised premises or any part thereof to be used to generate, manufacture, refine, produce or process Hazardous Materials, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “shall Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant or any permitted subtenants or contractors or other invitees, in each case, of Tenant, a release of Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed in or used on, under or about onto the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawsdemised premises. Tenant shall not installcomply with, operate and ensure compliance by any permitted subtenant or maintain any above or below grade tank, sump, pit, pond, lagoon contractors or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereininvitees of Tenant with, the term “Environmental Laws” means all applicable present federal, state and future statutes, regulationslocal laws, ordinances, rulesrules and regulations relating to Hazardous Materials, codesby whomever triggered, judgmentsand shall obtain and comply with, orders and ensure that all permitted subtenants or contractors or other similar enactments invitees of Tenant comply with, any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all approvals, registrations or permits required thereunder. In addition, Tenant shall comply with and ensure compliance by all permitted subtenants or contractors or other invitees of Tenant with, all federal, state and local counterparts thereto (including Chapter 459 of the NRS), laws and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect applicable to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bedemised premises dealing with asbestos.
Appears in 2 contracts
Samples: Lease Agreement (Petroleum Heat & Power Co Inc), Lease Agreement (Petroleum Heat & Power Co Inc)
Hazardous Materials. Tenant Owner shall remain responsible for Hazardous Materials. Unless it expressly agrees to do so, Contractor shall not cause nor permitbe responsible for the removal, nor allow any encapsulation, transportation and disposal of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Material. Contractor shall cooperate with Owner and separate abatement contractors in the identification, abatement, removal, encapsulation, transportation and disposal of Hazardous Materials. Any Hazardous Material not specifically shown on the documents or readily observable in the Work shall be considered a concealed condition and will not be the responsibility of Contractor. Hazardous Materials (means: any substance the presence of which requires investigation or remediation under any federal, state or local law, statute, regulation, ordinance, order, action, policy or common law; which is or becomes defined as defined herein) to be brought upon“hazardous” or any other similar term under any federal, storedstate or local law, manufacturedstatute, generatedregulation, blendedrule or ordinance or amendments thereto, handledincluding, recycledwithout limitation, treatedCERCLA, disposed or used on, under or about the PremisesRCRA, the BuildingToxic Substances Control, the Common AreaClean Air Act and the Federal Water Pollution Control Act, Property or as the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which foregoing may be withheld in Landlord’s sole discretion. As used hereinamended from time to time; which is toxic, the term “Environmental Laws” means all applicable present explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and future statutes, regulations, ordinances, rules, codes, judgments, orders is or other similar enactments of becomes regulated by any governmental authority or agency regulating instrumentality or relating the United States or jurisdiction in which the Project is located; or the presence of which on the site causes or threatens to health, safety, cause a nuisance upon the site or environmental conditions on, under, to the adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Premises or site. To the environmentfullest extent permitted by law, Owner shall indemnify, defend and hold Contractor and Subcontractors harmless from any and all claims, damages, losses and expenses, including without limitationbut not limited to attorney’s fees, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 in any way arising out of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate resulting from the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or at the environmentsite, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction regardless of the applicable agencies negligence of Contractor or Subcontractors, but excluding Contractor’s and Landlord, or shall, at LandlordSubcontractor’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may begross negligence.
Appears in 2 contracts
Samples: Agreement (Premier Finance Biloxi Corp), Agreement Between Owner And (Premier Finance Biloxi Corp)
Hazardous Materials. Subject to the remaining provisions of this paragraph, Tenant shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Tenant's business provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Landlord shall have the right at all times during the term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to be determine whether Tenant is in compliance with the provisions of this Paragraph, and (iii) request lists of all Hazardous materials used and stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Tenant, if Landlord reasonably believes they are necessary. Tenant shall give to Landlord immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not cause nor permitconsidered part of the Premises), nor allow any caused by the acts or omissions of Tenant’s , or Tenant’s affiliates’ its agents, employees, agents, customers, visitorsrepresentatives, invitees, licensees, subtenants, customers or contractors. Tenant covenants to investigate, assignees clean up and otherwise remedy any spill, release or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any discharge of Hazardous Materials (as defined herein) caused by the acts or omission of Tenant, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Tenant's cost and expense; such investigations, clean up and remediation to be brought uponperformed after Tenant has obtained Landlord's written consent, storedwhich shall not be unreasonably withheld; provided, manufacturedhowever, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawsthat Tenant shall be entitled to respond immediately to any emergency without first obtaining Landlord's written consent. Tenant shall not installindemnify, operate or maintain defend and hold Landlord harmless from and against any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means and all applicable present and future statutes, regulations, ordinances, rules, codesclaims, judgments, orders damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorney's and consultants fees) arising from or other similar enactments related to the use, presence, transportation, storage, disposal spill, release or discharge of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, Hazardous Materials on or about the Premises caused by the acts or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 omissions of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or representatives, invitees, and the wasteslicensees, by-productssubtenants, customers or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereundercontractor. Tenant shall neither create not be entitled to install any tanks under, on or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.about the
Appears in 1 contract
Samples: Lease (Nationwide Companies Inc)
Hazardous Materials. Tenant Without limiting the generality of the provisions of this Article 9, Tenant, at its sole cost and expense, shall not cause nor permitcomply with all statutes, nor allow ordinances, rules and regulations of governmental authorities relating to the storage, use, transportation, release and/or disposal of radioactive materials, hazardous waste, toxic or contaminated substances or similar materials, including, without limitation, any of Tenant’s substances which are “hazardous substances” , “hazardous waste”, “hazardous materials” or Tenant’s affiliates’ employees“toxic substances” under applicable federal, agentsstate and local environmental statutes, customersordinances, visitors, invitees, licensees, contractors, assignees rules or subtenants regulations (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws). Tenant shall not installstore, operate use, transport, release or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments dispose of any governmental authority or agency regulating or relating to healthHazardous Materials in, safety, or environmental conditions on, under, from or about the Premises or without the environmentprior written consent of Landlord. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and its officers, directors, shareholders, partners, members, agents, employees, contractors, invitees, representatives, successors and assigns harmless from and against any and all losses, costs, claims, damages, liabilities and causes of action, including without limitationattorneys’ fees, arising out of or in connection with the following: the Comprehensive Environmental Responsestorage, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 use, transportation, release or disposal of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its employees, agents, employees, contractors or invitees, and including any claims for the wastes, byclean-products, up or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence remediation of any Hazardous Materials, . Tenant shall give to Landlord written notice of any communication received by Tenant from any governmental authority or other than office and janitorial supplies as permitted above, party alleging the existing of Hazardous Materials in, on, under or about the Premises or the improvements Building, or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance alleged violation of any kind environmental laws with respect to the Property, including without limitation, Premises or the Building. Without limiting any lien imposed pursuant to Section 107(f) other provision of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancythis Lease, Tenant shall reimburse provide Landlord for with access to the cost of conducting such tests. The phrase “environmental condition” shall mean Premises during all reasonable times in order to enable Landlord to conduct any adverse condition inspection, monitoring, remediation, removal or repair relating to any the presence or alleged presence of Hazardous Materials in, on under or about the Premises or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beBuilding.
Appears in 1 contract
Samples: Jaguar Health, Inc.
Hazardous Materials. Tenant shall not cause nor permitor permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) related to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the environmentBuilding or the transportation to or from the Premises or the Building of any Hazardous Materials, including without limitationexcept de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the following: Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Comprehensive Environmental Response, Compensation and Liability Act; Term of this Lease at or from the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 Premises which arises at any time from Tenant's use or occupancy of the NRS), and any regulations Premises or policies promulgated from acts or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures omissions of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the wastesrequired plans. Tenant shall indemnify, by-productsdefend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or residues generatedother release of Hazardous Materials that occurs during the Term of this Lease, resulting, at or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing from the Premises which arises at any time from Tenants's use or occupancy of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authorities having jurisdiction over the improvements Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance earlier termination of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such teststhis Lease. The phrase “environmental condition” shall mean any adverse condition relating to any term Hazardous Materials or the environmentas used herein shall include any chemical, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordsubstance, or shallmaterial which has been or is hereafter determined by any federal, at Landlord’s electionstate, reimburse Landlordor local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, upon demandasbestos, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such workpolychlorinated biphenyls, based upon Landlord’s reasonable estimate of the cost thereof; radioactive materials, and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beradon gas.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Hazardous Materials. Tenant (a) The term "Hazardous Materials" for purposes hereof shall not cause nor permitmean any chemical, nor allow substance, materials or waste or component thereof which is now or hereafter listed, defined or regulated as a hazardous or toxic chemical, substance, materials or waste or component thereof by any federal, state or local governing or regulatory body having jurisdiction, or which would trigger any employee or community "right-to-know" requirements adopted by any such body, or for which any such body has adopted any requirements for the preparation or distribution of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants a materials safety data sheet (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws"MSDS"). Tenant shall not installtransport, operate use, store, maintain, generate, manufacture, handle, dispose, release or maintain discharge any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretionHazardous Materials. As used hereinHowever, the term “Environmental Laws” means foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within the Premises of Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the Premises under this Lease, provided: (a) such Hazardous Materials shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant's business therein, strictly in accordance with applicable Law, highest prevailing standards, and the manufacturers' instructions therefor, (b) such Hazardous Materials shall not be disposed of, released or discharged in the Building, and shall be transported to and from the Premises in compliance with all applicable present Laws, and future statutesas Owner shall reasonably require, regulations(c) if any applicable Law or Owner's trash removal contractor requires that any such Hazardous Materials be disposed of separately from ordinary trash, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation scheduling and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRSapproval by Owner), and (d) any regulations or policies promulgated or issued thereunder. The term “remaining such Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and Materials shall be deemed to be completely, properly and lawfully removed from the “operator” Building upon expiration or earlier termination of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Lease Agreement (Photomedex Inc)
Hazardous Materials. Tenant shall Lessor warrants that to Lessor's current knowledge the Premises are not cause nor permitin violation.of any federal, nor allow any of Tenant’s state or Tenant’s affiliates’ employeeslocal law, agents, customers, visitors, invitees, licensees, contractors, assignees ordinance or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or regulation relating to health, safety, industrial hygiene or to the environmental conditions on, under, or about the Premises including, but not limited to, soil and groundwater conditions. Lessor is unaware of any proceeding or inquiry by any governmental authority with respect to the presence of Hazardous Materials on the Premises or the environmentmigration of Hazardous Materials from or to other Premises. The term "Hazardous Material" means any substance, including material or waste which is toxic, ignitable, reactive or corrosive and which is or becomes regulated by any local or state governmental authority or the United States m Government. The term "Hazardous Material" includes without limitation, any material or substance which is (i) defined as a "hazardous waste" "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," or "hazardous material", by any local or state law, (ii) oil and petroleum products and their by-products, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant to the following: Federal Water Pollution Control Act.. (v) defined as a"hazardous waste"pursuant to the Comprehensive Environmental Response, Compensation and Liability Act; the Federal Resource Conservation and Recovery Act,or(vi)defined as a"hazardous substance"pursuant to the Comprehensive Environmental Response,Compensation and Liability Act. Lessee represents and warrants that it will not conduct any activities in the Premises which may constitute a violation of any environmental law,statute and/or regulation. I.,essee agrees not to employ or utilize the Premises for the purpose of disposing,treating,storing,handling or transporting any Hazardous Materials other than in compliance with all applicable environmental laws, rules and regulations, unless it obtains the prior written consent of the Lessor. Notwithstanding anything in this Section to the contrary, other than in deminimis amounts consistent with operating a medical and surgical facility,Lessee covenants not to introduce any Hazardous Materials onto the Premises without(i) first obtaining Lessor's written consent; and (ii)complying with all federal,state and local counterparts thereto (laws and ordinances regarding the transportation,use or disposal of such materials,including Chapter 459 but not limited to obtaining the proper permits. If Lessee's transportation, storage, use or disposal of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord results in writing (i) contamination of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereundersurface or ground water, (ii) loss or damage to person(s) or property,then the Lessee agrees to(i)notify the Lessor immediately of any contamination, claim of contamination, loss or damage; (ii) after consultation and approval by Lessor, to clean up the contamination in compliance with all applicable statutes,regulations and standards;and(iii)to indemnify,defend and hold.harmless the Lessor from and against any claims, suits, causes of action, costs and fees, including attorney's fees, arising from or connected with any such contamination,claim of contamination,loss or damage caused by Lessee. Tenant Notwithstanding anything to the contrary contained in this Lease, Lessee's obligations shall neither create not apply to any condition or suffer matter: (i)which existed prior to exist, nor permit any Tenant Party to create the Effective Date; (ii)which was not caused by Lessee; or(iii)to the extent such violation is caused by,or suffer to exist any lien, security interest results from the acts or neglects of Lessor or other charge third party or encumbrance emanates from other property. 31. ENTIRETY-EXECUTION-SUCCESSION. This Lease merges and supersedes all prior negotiations, representations, and agreements, and constitutes the entire contract between Lessor and Lessee concerning the leasing of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and the consideration therefor. This Lease and all options herein shall bind and inure to conduct tests, monitoring the benefit of the heirs,administrators,executors,successors and investigationsassigns of Lessor and Lessee. If such tests indicate the presence of any environmental condition caused more than one person or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancyentity executes this instrument as Lessor, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environmenthis, including surface waterher, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordtheir, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement its duties and liabilities under this Lease shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; joint and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beseveral. 32.
Appears in 1 contract
Samples: Attornment Agreement
Hazardous Materials. As used in this Lease, "HAZARDOUS MATERIALS" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant shall not cause nor permitcause, nor or allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) 's Parties to cause or permitcause, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blended, handled, recycled, treated, stored or disposed or used on, under of on or about the Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for "general office purposes" (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsProject or surrounding land or environment. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance ' contamination of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) portion of the Superfund Amendments and Reauthorization Act Project of 1986 (42 U.S.C. Section 9607(1)) which Tenant becomes aware, whether or any similar state statutenot caused by Tenant. Landlord shall have the right at all reasonable times to enter upon and inspect the Premises and to conduct teststests and investigations to determine whether Tenant is in compliance with the foregoing provisions, monitoring the costs of all such inspections, tests and investigationsinvestigations to be borne by Tenant. If such tests indicate Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all claims, liabilities, losses, costs and expenses (including attorneys' and consultants' fees), demands, causes of action, or judgments directly or indirectly arising out of the presence use, generation, storage, release, or disposal of any environmental condition caused or exacerbated Hazardous Materials by Tenant or any Tenant Party of Tenant's Parties in, on or arising during Tenant’s about the Premises, the Building or the Project or surrounding land or environment, excluding any Tenant Party’s occupancycontamination which may have been caused by any prior tenants. The foregoing indemnity shall include, Tenant shall reimburse Landlord without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of conducting any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such testsaction is required or necessary prior to or following the expiration or earlier termination of this Lease. The phrase “environmental condition” shall mean any adverse condition relating Neither the consent by Landlord to any the use, generation, storage, release or disposal of Hazardous Materials or nor the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary indemnification pursuant to rectify the same this Paragraph 4.D. Tenant's obligations pursuant to the satisfaction foregoing indemnity shall survive the expiration or earlier termination of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Sublease (Adforce Inc)
Hazardous Materials. To the best of Landlord’s knowledge, there is no asbestos or other hazardous materials in the Building or Premises. Tenant shall not, without the prior written consent of Landlord, which consent shall not cause nor permitbe unreasonably withheld, nor allow any of Tenant’s delayed, or Tenant’s affiliates’ employeesconditioned by Landlord, agents, customers, visitors, invitees, licensees, contractors, assignees introduce on or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) transfer to cause the Premises or permitProperty, any Hazardous Materials (as defined herein) to be brought uponhereinafter defined); nor dump, stored, manufactured, generated, blended, handled, recycled, treated, disposed flush or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments otherwise dispose of any governmental authority Hazardous Materials into the drainage, sewage or agency regulating waste disposal systems serving the Premises or relating to healthProperty; nor generate, safetystore, use, release, spill or environmental conditions on, under, dispose of any Hazardous Materials in or about on the Premises or the environmentProperty, or to transfer any Hazardous Materials from the Premises to any other location; and Tenant shall not commit or suffer to be committed in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Property or to Hazardous Materials; provided Tenant may bring into the Premises small amounts of Hazardous Materials (such as cleaning products and copy toner) which are readily available to Tenant by unregulated retail purchase if the same are necessary in Tenant’s normal business operations. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) business days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant’s use of the Premises and, in particular, to Tenant’s use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect, and hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, the following: the Comprehensive Environmental Responseclaims for death of or injury to any person or damage to any property, Compensation actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys’ fees and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS)expenses, consultant fees, and any regulations expert fees that arise from or policies promulgated are caused in whole or issued thereunder. The term “Hazardous Materials” means and includes any substancein part, materialdirectly or indirectly, waste, pollutant, by (i) the presence or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or suspected presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or discharge in or from the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance Premises of any kind Hazardous Materials, or Tenant’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant’s failure to comply with respect to the Propertyany Environmental Laws. Tenant’s obligations hereunder shall include, including without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, capital, operating and maintenance costs) incurred in connection with any lien imposed pursuant to Section 107(f) investigation or monitoring of site conditions, repair, cleanup, containment, remedial, removal or restoration work, or detoxification or decontamination of the Superfund Amendments Premises, and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon preparation and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence implementation of any environmental condition caused closure, remedial action or exacerbated by Tenant other required plans in connection therewith. For purposes of this Section, any acts or any Tenant Party or arising during omissions of Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shallits subtenants or assignees or its or their employees, at Landlord’s electionagents, reimburse Landlordor contractors (whether or not they are negligent, upon demandintentional, for the cost to Landlord of performing work. The reimbursement willful, or unlawful) shall be paid attributable to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beTenant.
Appears in 1 contract
Samples: Lease (Bioventus Inc.)
Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, disposed which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Xxxxxx and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and Legal fees, arising out of Lessee’s or used Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Xxxxxx’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said Laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessee shall update such List as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessee shall also provide Lessor with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable Legal requirements. If Xxxxxx’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law Legal requirements, Lessee shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Site Lease Agreement
Hazardous Materials. Tenant Sublessee shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s hazardous or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees toxic substances or subtenants hazardous or toxic materials (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any "Hazardous Materials (as defined hereinMaterials") to be brought upon, stored, manufacturedused, generated, blended, handled, recycled, treated, stored or disposed or used of on, under or about the Premisesabout, or transported to or from, the BuildingSubleased Premises (collectively, the Common Area, Property or the Project"Hazardous Materials Activities"), except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance compliance with all applicable Environmental Laws. Tenant shall not installRegulations and the Prime Lease, operate provided that Sublessee provides Sublessor with prior notification of such Hazardous Materials before using, storing or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 disposing of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, same in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigationsSubleased Premises. If Sublessor consents to any such tests indicate Hazardous Materials Activities, the presence Sublessee shall conduct them in compliance (at Sublessee's expense) with all applicable Regulations, as hereinafter defined, and use all necessary and appropriate precautions to prevent any spill, discharge, release or exposure to persons or property. Sublessor shall not be liable to Sublessee for any loss, cost, expense, claim, damage or liability arising out of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials Activities by Sublessee, Sublessee's employees, agents, contractors, licensees, customers or invitees, whether or not consented to by the environmentSublessor. For purposes hereof, including surface waterHazardous Materials shall include, groundwaterbut not be limited to, drinking water supply(i) substances defined as "hazardous substances", land"toxic substances", surface or subsurface strata "hazardous wastes" in (a) the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (b) the federal Hazardous Materials Transportation Act, as amended, (c) the federal Resource Conservation and Recovery Act, as amended ("RCRA"); (ii) those substances defined as "hazardous wastes" in the Massachusetts Hazardous Waste Facility Siting Act, as amended (Massachusetts General Laws Chapter 21D); (iii) those substances defined as "hazardous materials" or "oil" in Massachusetts General Laws Chapter 21E, as amended; (iv) those substances regulated by any other federal, state, county, municipal or local laws relating to the ambient air environment or health and includes airhuman safety (whether now existing or hereinafter enacted or promulgated); and (v) such substances as are defined in any regulations adopted and publications promulgated pursuant to any of said laws (collectively, land "Regulations"). Sublessor hereby consents to Sublessee's use of the Hazardous Materials listed on Exhibit E attached hereto and water pollutantsto normal quantities of cleaning fluid and office supplies which may constitute Hazardous Materials but which are customarily present in premises devoted to office use, noiseprovided that such use is in compliance with all Regulations and shall be subject to all of the other provisions of this Paragraph 32, vibrationexcept that Sublessee shall not be required to provide Sublessor with the aforesaid list of the types and quantities of such cleaning fluids and office supplies. Sublessee shall also provide Sublessor with a copy of any Hazardous Materials inventory statement required by any applicable Regulations, light and odorsany update filed in accordance with any applicable Regulations. In If Sublessee's activities violate or create a risk of violation of any Regulations or cause a spill, discharge, release or exposure to any persons or property, Sublessee shall cease such activities immediately upon notice from Sublessor. Sublessee shall immediately notify Sublessor both by telephone and in writing of any spill, discharge, release or exposure of Hazardous Materials in or about the Subleased Premises or of any condition in or about the Subleased Premises constituting an "imminent hazard" under any Regulations. After giving reasonable notice, except in the event of an emergency, Sublessor and Sublessor's representatives and employees may enter the Subleased Premises when accompanied by a representative of Sublessee at any such environmental conditiontime during the Term to inspect Sublessee's compliance herewith, Tenant shall promptly notify both the property manager and the Landlord may disclose any spill, discharge, release, or exposure or any violation of any Regulations to any governmental agency with jurisdiction. Sublessee hereby agrees to defend, indemnify and shall promptly take hold harmless Sublessor, its directors, partners, employees, agents, contractors, subcontractors, licensees, invitees, successors and assigns from and against any and all steps necessary liability, claims, suits, demands, judgments, costs, losses, interest and expenses (including, without being limited to, reasonable attorneys' fees and expenses incurred in the investigation, defense and settlement of claims or remediation of contamination) incurred by such indemnified parties as a result of or in connection with Sublessee's use of Hazardous Materials (except for Hazardous Materials or Wastes existing at the Subleased Premises prior to rectify the date of this Sublease) or as a result of or in connection with activities prohibited under this Paragraph 32. Sublessee shall bear, pay and discharge, as and when the same to become due and payable, any and all such judgments or claims for damages, penalties or otherwise against such indemnified parties, shall hold such indemnified parties harmless against all claims, losses, damages, liabilities, costs and expenses, and shall assume the satisfaction burden and expense of defending all suits, administrative proceedings, and negotiations of any description with any and all persons, political subdivisions or government agencies arising out of any of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord occurrences set forth in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Paragraph 32.
Appears in 1 contract
Samples: BG Medicine, Inc.
Hazardous Materials. Tenant During the term of this Sublease, Sublessee shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance comply with all applicable Environmental Laws. Tenant shall not installfederal, operate or maintain any above or below grade tankstate, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulationslocal laws, ordinances, rulesand regulations relating to the use, codesstorage, judgmentssale, orders transportation or other similar enactments disposal to, from, or on the premises of any governmental authority Hazardous Materials. Upon execution of this Sublease and on an ongoing basis, Sublessee shall provide Sublessor with a list, no less frequently than quarterly, of Hazardous Materials that Sublessee uses or agency regulating or maintains on the premises. Sublessee shall not be responsible for any adverse environmental conditions relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises that are not caused by TenantSublessee, its agents, employees, contractors contractors, or invitees. Sublessee shall indemnify, defend (by counsel reasonably acceptable to Master Lessor and Sublessor), protect and hold Master Lessor and Sublessor and each of their employees, agents, successors, and the wastesassigns, by-productsfree and harmless from and against all claims, liabilities, penalties, forfeitures, losses, or residues generated, resulting, expenses (including attorneys' 4 fees (arising from or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord caused by (a) the discharge by Sublessee in writing of or from the violation of any Environmental Law or presence premises of any Hazardous Materials, other than office and janitorial supplies as permitted aboveor Sublessee's use, storage, transportation, discharge, or generation of Hazardous Materials to, in, on, under under, about or about from the Premises premises, or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer (b) Sublessee's failure to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind comply with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsLaw. In the event that Sublessee becomes liable under this section the Sublessee's obligations hereunder shall include, without limitation, all costs of any such environmental conditionrequired repair, Tenant shall promptly notify both clean-up, or decontamination of the property manager premises, and the Landlord preparation and shall promptly take implementation of any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordclosure, remedial action, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing workother required procedures in connection therewith. The reimbursement foregoing indemnity shall be paid to Landlord in advance survive the expiration or the earlier termination of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Sublease.
Appears in 1 contract
Hazardous Materials. Tenant shall not cause nor permitTENANT covenants and agrees that, nor allow with respect to any of Tenant’s hazardous, toxic or Tenant’s affiliates’ special wastes, materials or substances including asbestos, waste oil and petroleum products (the "Hazardous Materials") which TENANT, its agent or employees, agentsmay use, customershandle, visitorsstore or generate in the conduct of its business at the leased premises TENANT will: (i) comply with all applicable laws, inviteesordinances and regulations which relate to the treatment, licenseesstorage, contractorstransportation and handling of the Hazardous Materials; (ii) that TENANT will in no event permit or cause any disposal of Hazardous Materials in, assignees on or subtenants (individually, a “Tenant Party” about the leased premises and collectively, “Tenant’s Parties”) to cause or permit, in particular will not deposit any Hazardous Materials (as defined herein) to be brought uponin, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premisesfloor or in any drainage system or in the trash containers which are customarily used for the disposal of solid waste; (iii) that with respect to any off-site disposal, the Buildingshipment, the Common Areastorage, Property recycling or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence transportation of any Hazardous Materials, other than office TENANT shall properly package the Hazardous Materials and janitorial supplies shall cause to be executed and duly filed and retain all records required by federal, state or local law; (iv) that TENANT will at all reasonable times permit LANDLORD or its agents or employees to enter the leased premises to inspect the same for compliance with the terms of this paragraph and will further provide upon five (5) days' notice from LANDLORD copies of all records which TENANT may be obligated to obtain and keep in accordance with the terms of this paragraph; (v) that upon termination of this lease, TENANT will, at its expense, remove all Hazardous Materials from the leased premises and comply with applicable state, local and federal laws as permitted abovethe same may be amended from time to time; and (\ii) TENANT further agrees to deliver the leased premises to LANDLORD at the termination of this lease free of all Hazardous Materials. The terms used in this paragraph shall include, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, all substances, materials, etc., designated by such terms under any lien imposed pursuant laws, ordinances or regulations, whether federal, state or local. TENANT further agrees to Section 107(f) of the Superfund Amendments hold harmless and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon indemnify LANDLORD for and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take against any and all steps necessary claims, loss, costs, damages and expenses, including attorneys' fees, which may arise in the event that TENANT fails to rectify the same to the satisfaction comply with any of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing workprovisions contained in this Article. The reimbursement terms of this Article shall be paid to Landlord in advance expressly survive the expiration or earlier termination of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis lease.
Appears in 1 contract
Samples: Growlife, Inc.
Hazardous Materials. For purposes of this Lease, the term "Hazardous Material" means any hazardous substance, hazardous waste, infectious waste, petroleum product or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Except for reasonable quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink and common household cleaning materials, Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) Material to be brought uponbrought, stored, manufactured, generated, blended, handled, recycled, treated, disposed kept or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Project by Tenant, its agents, employees, contractors contractors, or invitees. Xxxxxx xxxxxx agrees to indemnify Landlord from and against any breach by Xxxxxx of the obligations stated in the preceding sentence, and the wastesagrees to defend and hold Landlord harmless from and against any and all claims, by-productsjudgments, damages, penalties, fines, costs, liabilities, or residues generatedlosses (including, resultingwithout limitation, diminution in value of the Project, damages for the loss or restriction or use of rentable space or of any amenity of the Project, damages arising from any adverse impact on marketing of space in the Project, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term of this Lease as result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial removal, or produced therefromrestoration work required due to the presence of Hazardous Material. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence release of any a Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about Material in the Premises or at the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to existProject of which Xxxxxx becomes aware, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition whether caused or exacerbated by Tenant or any Tenant Party other person or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beentity.
Appears in 1 contract
Samples: Assignment and Assumption
Hazardous Materials. Tenant shall not cause nor permituse, nor allow handle, store or dispose of any Hazardous Waste, Hazardous Material, Oil or radioactive material, as such terms are used or defined in Section 2 of Tenant’s or Tenant’s affiliates’ employeesChapter 21C, agentsSection 2 of Chapter 21D, customersand Section 2 of Chapter 21E of the General Laws of Massachusetts, visitorsand the regulations promulgated thereunder, invitees, licensees, contractors, assignees or subtenants as such laws and regulations may be amended from time to time (individually, a collectively “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permitin, any Hazardous Materials (as defined herein) to be brought uponunder, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premises, the Building, the Common Area, Property or the Project, Premises except for routine office such storage and janitorial supplies use consented to by Landlord in usual and customary quantities storedadvance in writing, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written which consent which may be withheld in Landlord’s sole and absolute discretion. As used hereinAny Hazardous Materials on the Premises, the term “Environmental Laws” means and all containers therefore, shall be used, kept, stored and disposed of in conformity with all applicable present and future statutes, regulationslaws, ordinances, codes, rules, codesregulations and orders of governmental authorities. Any violation of said laws, judgments, orders rules or other similar enactments regulations shall be deemed a material breach of this Lease for which Landlord may terminate this Lease. Tenant shall (i) notify Landlord immediately of any governmental authority discovery, release or agency regulating threat of release of any Hazardous Materials on or relating to health, safety, or environmental conditions on, under, or about from the Premises and any loss or the environmentdamage or claim of loss or damage resulting therefrom, (ii) be solely responsible for remediating all contamination in full compliance with all applicable statutes, regulations and standards, at Tenant’s sole cost and expense, and, in addition to all other rights and remedies available to Landlord, (iii) indemnify, defend and hold Landlord harmless from and against all liability, loss, damage, costs and expenses (including without limitation, the following: the Comprehensive Environmental Responsereasonable attorney’s fees and expenses), Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 causes of action, suits, claims, demands, or judgments of any nature in any way suffered, incurred, or paid as a result of the NRS), and any regulations presence or policies promulgated release or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures threatened release of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on or from the Premises which is caused or exacerbated by Tenant, its agents, employees, contractors contractors, representatives, licensees, or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant hereby acknowledges and agrees that Landlord shall have no responsibility to Tenant’s Parties shall comply with all Environmental Laws , its agents, employees, representatives, permitees and promptly notify Landlord in writing of invitees, for the violation of any Environmental Law or presence of any such Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about Materials on the Premises or be required to xxxxx or remediate the improvements same. This provision shall survive the expiration or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance termination of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Lease Agreement
Hazardous Materials. Tenant A. Lessee shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s prior written consent, disposed or used which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor, its elected and appointed officials, officers, employees and agents harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit D. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessor shall update such list as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessor shall also provide Lessee with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable legal requirements. If Lessee’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the Term for any purpose, including, but not limited to, the purposes to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act Term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: arlingtonva.s3.amazonaws.com
Hazardous Materials. The term "Hazardous Materials," as used in this Lease, shall include, without limitation, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. Tenant shall, at Tenant's sole expense, comply with all laws regulating the use, generation, storage, transportation, or disposal of Hazardous Materials (collectively, "Environmental Laws"). Tenant shall not cause nor permit, nor allow or permit to occur: (a) any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments violation of any governmental authority or agency regulating or relating to healthfederal, safetystate, or local Environmental Law, ordinance, or regulation now or hereafter enacted, related to environmental conditions in, on, under, or about the Premises Premises, or arising from Tenant's use or occupancy of the Premises, including, but not limited to, soil and ground water conditions; or (b) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials in, on, under, or about the Premises, or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations transportation to or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on from the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, in violation of any Environmental Law; provided, however, minor quantities of Hazardous Materials may be used or stored in the Building and on the Property for cleaning purposes, in connection with the use of office equipment and the normal operation of offices by tenants and occupants of the Building and in connection with construction and maintenance activities relating to the Building and the Project and, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Tenant shall, at Tenant's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities (the "Authorities") under the Environmental Laws. Should any Authority or any third party demand that a clean-up plan be prepared and that a clean-up be undertaken because of any use, deposit, spill, discharge, or other than office release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises, or which arises at any time from Tenant's use or occupancy of the Premises, then Tenant shall, at Tenant's sole expense, prepare and janitorial supplies as permitted abovesubmit the required plans and all related bonds and other financial assurances; and Tenant shall carry out all such clean-up plans, in, on, under or about the Premises or the improvements or the soil or groundwater thereunderall at Tenant's own expense. Tenant shall neither create promptly provide all information regarding the use, generation, storage, transportation, or suffer disposal of Hazardous Materials that is requested by Landlord. If Tenant fails to existfulfill any duty imposed under this section within a reasonable time, nor permit any Landlord may do so; and in such case, Tenant Party shall cooperate with Landlord in order to create prepare all documents Landlord deems necessary or suffer appropriate to exist any lien, security interest or other charge or encumbrance of any kind with respect to determine the Property, including without limitation, any lien imposed pursuant to Section 107(f) applicability of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right Environmental Laws to enter upon and inspect the Premises and Tenant's use thereof, and for compliance therewith, and Tenant shall execute all documents that are accurate promptly upon Landlord's request. No such action by Landlord and no attempt made by Landlord to conduct testsmitigate damages under any Environmental Law shall constitute a waiver of any of Tenant's obligations under this section. Tenant shall indemnify, monitoring defend, and investigationshold harmless Landlord, the manager of the Project, and their respective officers, directors, beneficiaries, shareholders, partners, agents, and employees from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith (including attorneys' and consultants' fees) arising out of or in any way connected with any use, deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises, or which arises at any time from Tenant's use or occupancy of the Premises, or from Tenant's failure to provide all information, make all submissions, and take all steps required by all Authorities under the Environmental Laws and all other applicable laws. Any increase in the premiums for necessary insurance on the Building or any portion of the Project which arises from Tenant's use and/or storage of Hazardous Materials 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 over the Premises. If such tests indicate Landlord, in its sole discretion, believes that the presence Premises have become contaminated with Hazardous Materials that must be removed under the Environmental Laws Landlord, in addition to its other rights under this Lease, may enter upon the Premises and obtain samples from the Premises for the purposes of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, analyzing the same to determine whether and to what extent the Premises have become contaminated. Tenant shall reimburse Landlord for the cost costs of conducting such testsany inspection, sampling and analysis that discloses contamination for which Tenant is liable under the terms of this Lease. The phrase “environmental condition” shall mean Tenant may not perform any adverse condition relating sampling, testing, or drilling to locate any Hazardous Materials or on the environmentPremises without Landlord's prior written consent. Notwithstanding the foregoing, including surface waterLandlord hereby agrees to indemnify and hold Tenant, groundwaterTenant's officers, drinking water supplydirectors, landbeneficiaries, surface or subsurface strata or the ambient air shareholders, partners, agents and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take employees harmless from any and all steps necessary to rectify claims, demands, actions, liabilities, costs, expenses, damages and obligations (including attorneys' and consultants' fees) of any nature arising from, or as a result of (i) the same to presence or use of any Hazardous Materials anywhere in the satisfaction Project, Building or the Premises, whether such presence or use was prior to, during, or after Tenant's occupancy of the applicable agencies and Premises, if such materials were used or placed there by Landlord or Landlord's agents, contractors, partners, invitees, licensees or shall, at employees or Landlord’s election, reimburse Landlord, upon demand, for 's predecessor-in-title; (ii) the cost presence or use of any Hazardous Materials in the Premises prior to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate Tenant's occupancy of the cost thereofPremises, provided such presence or use was not caused by Tenant, its employees, agents, contractors, subcontractors, invitees or licensees; and upon completion (iii) the presence or use of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly Hazardous Materials in the Premises occurring after receipt the expiration or earlier termination of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess depositthe Term of this Lease, as the case same may bebe extended from time to time, or after Tenant vacates the Premises, whichever occurs last, provided such presence or use was not caused by Tenant, its employees, agents, contractors, subcontractors, invitees or licensees. Landlord represents to the best of Landlord's present knowledge that there are no Hazardous Substances located on the Premises, the removal of which is required or the maintenance of which is prohibited by any local, state or federal agency or authority. Landlord hereby agrees to indemnify and hold harmless Tenant and its officers, directors, employees, agents and partners from and against any and all expense, loss and liability suffered by Tenant, and/or any such other parties by reason of a violation of this representation. The obligations and liabilities of both parties under this section shall survive the expiration or earlier termination of the Lease.
Appears in 1 contract
Samples: Ucb Financial Group Inc
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s 's or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”") to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities storedstored and motor vehicle fuel stored in fuel tanks of motor vehicles used on site, including forklift propane tanks, used and disposed of in accordance with all applicable Environmental Laws, and Hazardous Materials contained in products stored by Tenant in their original, sealed, and unopened containers in accordance with Environmental Laws, subject to Tenant’s compliance with Section 15.3 below. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on within the Property Project without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “"Environmental Laws” " means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS)thereto, and any regulations or policies promulgated or issued thereunder. The term “"Hazardous Materials” " means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “"operator” " of Tenant’s “'s "facility” " and the “"owner” " of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or inviteesTenant’s Parties, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s 's Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the PropertyProject, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s 's or any Tenant Party’s 's occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “"environmental condition” " shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s 's election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s 's performing such work, based upon Landlord’s 's reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s 's bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.
Appears in 1 contract
Samples: Pfsweb Inc
Hazardous Materials. Tenant Grantee shall not cause nor permitat all times and in all respects comply with all federal, nor allow state and local laws, ordinances and regulations (“Hazardous Materials Laws”) relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any hydrocarbon material, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” under any such laws, ordinances or regulations (collectively, “Hazardous Materials”). Grantee shall indemnify, defend, protect and hold Grantor, the Property, and each of TenantGrantor’s or Tenant’s affiliates’ partners, employees, agents, customersattorneys, visitorssuccessors and assigns, inviteesfree and harmless from and against any and all claims, licenseesliabilities, contractorspenalties, assignees forfeitures, losses or subtenants expenses (individuallyincluding reasonable attorney’s fees) for death of or injury to any person or damage to any property whatsoever, a “Tenant Party” and collectivelyarising from or caused in whole or in part, “Tenant’s Parties”directly or indirectly, by (a) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used the presence on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies discharge in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on from the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenantattributable to Grantee, its agents, contractors or employees, or (b) Grantee’s failure to comply with any Hazardous Materials Law. Grantee’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Property and the preparation and implementation or any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of this Agreement. For purposes of the release and indemnity provisions hereof, any acts or omissions of Grantee, or by employees, agents, assignees, contractors or inviteessubcontractors of Grantee or others acting for or on behalf of Grantee (whether or not they are negligent, and the wastesintentional, by-products, willful or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(funlawful) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid strictly attributable to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beGrantee.
Appears in 1 contract
Hazardous Materials. Landlord represents and warrants that, to the best of Landlord’s knowledge, no release (as hereafter defined) of Hazardous Materials has occurred in the Premises or that Hazardous Materials are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, generation, manufacture, collection, treatment, disposal, storage, control, removal or clean up of Hazardous Materials (“Environmental Laws”). To the extent any Hazardous Materials are present in, at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for removing or otherwise monitoring or remediating such Hazardous Materials as required by, and in full compliance with, all Environmental Laws at no cost to Tenant. Tenant shall not cause nor permitindemnify, nor allow protect, defend and hold Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and against any and all costs, fees, damages, losses, expenses and/or liabilities of any kind or nature in any way related to the existence, removal, transportation or disposal of any Hazardous Materials in, at, on or about the Property caused by Tenant or any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors contractors, subtenants or inviteeslicensees. If any action or proceeding is brought against any of the Landlord Indemnities by reason of such claim, and Tenant, upon notice from any of the wastesLandlord Indemnities, by-products, or residues generated, resulting, or produced therefrom. Tenant and shall defend the same at Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing expense by counsel selected by the Landlord. In the event any of the violation Landlord Indemnities incurs any costs, fees, damages, losses, expenses, and/or liabilities in connection with a release of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated Materials by Tenant or any Tenant Party or arising during of Tenant’s agents, employees, contractors, subtenants or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlordlicensees, Tenant shall pay to such costs, fees and/or expenses within thirty (30) days of written request from the affected Landlord any shortfall promptly after receipt Indemnities. Other than in the case of Landlord’s bills therefor or an emergency, Landlord shall promptly refund not incur any fees or costs before notifying Tenant that it is likely to incur such fees and costs unless Tenant any excess deposit, as the case may betakes corrective action.
Appears in 1 contract
Samples: Lease Agreement (MCT Holding Corp)
Hazardous Materials. Tenant shall not cause nor permitor permit the storage, nor allow any of Tenant’s use, generation, release, handling or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants disposal (individually, a “Tenant Party” and collectively, “Tenant’s Parties”"Handling") to cause or permit, of any Hazardous Materials (as defined herein) to be brought uponbelow), storedin, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environmentReal Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to such Handling of Hazardous. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitationlimitation asbestos containing materials, the following: PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (1976, 42 U.S.C. Section 9607(1)) 6901-6987; or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to other Legal Requirement regulating, relating to, or imposing liability or standards of conduct testsconcerning any such materials or substances now or at any time hereafter in effect (collectively, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any "Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beLaws").
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Hazardous Materials. (a) Tenant shall not cause nor permitbring or permit to remain on the Premises or the Project, nor or allow any of Tenant’s or Tenant’s affiliates’ 's employees, agents, customers, visitors, invitees, licensees, contractors, assignees assignees, or subtenants subtenants, to bring or permit to remain on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation (individually"Hazardous Materials"), except for routine office (such as copier toner) and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. Further, Tenant may keep and utilize reasonable numbers of batteries at the Premises and a “reasonable amount of rubbing alcohol (in one gallon containers), provided the same are handled, stored, utilized and disposed of in full compliance with all applicable environmental laws and regulations and MSDS sheets. Tenant Party” shall not install or operate any underground storage tanks on or under the Premises or the Project. Tenant's violation of the foregoing prohibitions shall constitute a material breach and collectivelydefault hereunder and Tenant shall indemnify, “Tenant’s Parties”protect, hold harmless and defend (by counsel acceptable to Landlord) to cause Landlord, and its directors, officers, employees, shareholders, agents, contractors and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys' fees and court costs) caused by or permit, arising out of (i) a violation of the foregoing prohibition or (ii) the presence or release of any Hazardous Materials (as defined herein) to be brought uponon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used onfrom, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon Project or other storage properties as the direct or treatment vessel indirect result of Tenant's occupancy of the Premises. Tenant, at its sole cost and expense, shall clean up, remove, remediate and repair any soil or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders groundwater contamination or other similar enactments damage or contamination in conformance with the requirements of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about applicable law caused by the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil presence or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence release of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, from, under or about the Premises or during the improvements or term of this Lease. Neither the soil or groundwater thereunderwritten consent of Landlord to the presence of the Hazardous Materials, nor Tenant's compliance with all laws applicable to such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant shall neither create immediately give Landlord written notice (i) of any suspected breach of this section, (ii) upon learning of the presence or suffer to existany release of any Hazardous Materials, nor permit or (iii) upon receiving any Tenant Party to create or suffer to exist any lien, security interest notices from governmental agencies or other charge or encumbrance of any kind with respect parties pertaining to Hazardous Materials which may affect the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statutePremises. Landlord shall have the right from time to time, but not the obligation, to enter upon and inspect the Premises and to conduct tests, monitoring such inspections and investigations. If undertake such tests indicate the presence of any environmental condition caused sampling and testing activities as Landlord deems necessary or exacerbated by desirable to determine whether Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsis in compliance with this provision. The phrase “environmental condition” obligations of Tenant hereunder shall mean any adverse condition relating to any Hazardous Materials survive the expiration or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demandearlier termination, for the cost to Landlord any reason, of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Raytel Medical Corp
Hazardous Materials. Tenant shall 8.1 Concessionaire covenants and agrees that it will not cause nor permituse, nor allow any of Tenant’s store, maintain, discharge or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permitoperate, any “Hazardous Materials Substances” (as defined herein) to be brought uponhereinafter), storedwhether intentionally or unintentionally, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about on the Premises, the Building, the Common Area, Property Assigned Premises or the ProjectAirport in violation of any applicable federal, except for routine office and janitorial supplies in usual and customary quantities storedstate, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not installcounty or local statutes, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statuteslaws, regulations, rules, ordinances, rules, codes, judgmentsstandards, orders orders, licenses or other similar enactments permits of any governmental authority or agency regulating or authorities, relating to health, safety, or environmental conditions on, under, or about matters (being hereafter collectively referred to as the Premises or Environmental Laws) including by way of illustration and not by way of limitation; the environment, including without limitationClean Air Act, the following: Federal Water Pollution Control Act of 1972, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, the Compensation and Liability Act; Act of 1980 and the Resource Conservation and Recovery Act; and all state and local counterparts thereto Toxic Substances Control Act (including Chapter 459 of the NRS), any amendments or extensions thereof and any regulations rules, regulations, standards or policies promulgated or guidelines issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under pursuant to any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind). As defined Except in compliance with all Environmental Laws, Tenant is Concessionaire, its subsidiaries, subcontractors and suppliers, and anyone on the Airport with the consent of the Concessionaire shall be deemed not discharge “Hazardous Substances” (as defined hereinafter) into the sewer and/or storm water drainage system serving the Airport, or cause any Hazardous Substances to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenantplaced, its agentsheld, employeesstored, contractors or inviteesprocessed, and the wastestreated, by-productsreleased, or residues generateddisposed of on or at the Airport. Upon termination of this Agreement, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or Concessionaire shall, at Landlord’s electionits sole cost and expense, reimburse Landlordimmediately remove from the Airport all Hazardous Substances and all tanks and other containers which are being used or were used, upon demandby the Concessionaire, for its subsidiaries, subcontractors, or suppliers, or anyone on the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate Airport with the consent of the cost thereof; and upon completion Concessionaire, to hold Hazardous Substances, discharged or occasioned from the Concessionaire’s operations or the operations of such work by Landlordany of its subsidiaries, Tenant shall pay to Landlord any shortfall promptly after receipt subcontractors, or suppliers, or anyone on the Airport with the consent of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.Concessionaire. “
Appears in 1 contract
Samples: Concession Agreement
Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) Material to be generated, produced, brought upon, used, stored, manufactured, generated, blended, handled, recycled, treated, treated or disposed or used on, under of in or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors contractors, subleases or inviteesinvitees without the prior written consent of Landlord. This provision shall not prohibit commercially reasonable quantities of Hazardous Materials used in cleaning or other purposes in the ordinary course of business by the Tenant; provided that all such use shall be in strict accord with all laws, rules, regulations, ordinances or other restrictions on such use and in accord with all applicable manufacturer’s restrictions. If any of such uses requires a special permit, the Tenant shall obtain such permit at its sole cost and expenses. Moreover, no application for such a permit may be made without the Landlord’s specific written approval, which may be granted or withheld in the sole and unfettered discretion of the Landlord. Failure to obtain such prior approval shall constitute a non-curable default, unless waived in writing by the Landlord. If and to the extent that the Landlord has to or elects to obtain approval of any institutional lender who has loaned Landlord money secured by the Project, by itself or with other projects, the failure of such lender to approve such permit application shall be full and complete justification for refusing to approve the application for such a permit. In no event, however, shall Landlord be required to consent to the installation or use of any above or underground storage tanks on the Property. Notwithstanding anything in this Section 5.03 or elsewhere in this Lease to the contrary, Landlord understands and agrees that Tenant’s use of the Premises includes the use, assembly, storage and disposal of certain Hazardous Materials related to the automotive and alternative energy industries, and Landlord further agrees the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and provisions of this Section 5.03 shall not apply so long as Tenant’s Parties shall comply use, assembly, storage and disposal of such Hazardous Materials are performed in compliance with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may belaws.
Appears in 1 contract
Samples: Churchill Capital Corp IV
Hazardous Materials. Tenant shall not cause nor permitwill comply with any federal, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 laws, ordinances and regulations relating, to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation or presence of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, material or contaminant listed waste which is now or defined hereafter classified as hazardous or toxic, or which is regulated under any Environmental Lawscurrent or future federal, asbestos state or local laws or regulations (each such substance, material and petroleumwaste, including crude oil “Hazardous Materials”) in each case by Tenant or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or Leased Property. In conformance with the improvements or requirements of applicable law and to the extent required to comply with applicable law, Tenant shall clean up, remove, remedy and repair any soil or groundwater thereunder. Tenant shall neither create ground water contamination and damage caused by the release or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance disposal of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated Hazardous Materials by Tenant or any Tenant Party Parties in, on, under, or arising during Tenant’s or any Tenant Party’s occupancy, about the Leased Property. Tenant shall reimburse Landlord for immediately give Owner written notice of any breach of this Section or upon learning of the cost presence of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to release or suspected release of any Hazardous Materials which may affect the Leased Property. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant have any obligation or liability under this Lease in respect of any Hazardous Materials brought upon, stored, used, generated, released or disposed of on, under, from or about the Leased Property or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same Overall Property (i) prior to the satisfaction date of delivery of the applicable agencies and LandlordLeased Property to Tenant, or shall(ii) by Owner, at Landlord’s electionor its agents, reimburse Landlordemployees, upon demandcontractors, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such worklicensees, based upon Landlord’s reasonable estimate subtenants, representatives or invitees, or (iii) by any other tenant of the cost thereof; Overall Property, or such other tenant’s agents, employees, contractors, licensees, subtenants, representatives or invitees. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant, its agents, employees, contractors, licensees, subtenants, representatives or invitees be deemed to have permitted Hazardous Materials to be brought upon, stored, used, generated, released, disposed of or otherwise be present on, under, from or about the Leased Property (including without limitation the soil and upon completion of such work by Landlord, Tenant shall pay groundwater thereunder) for any Hazardous Materials that have migrated to Landlord the Leased Property from any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as location off the case may beLeased Property.
Appears in 1 contract
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Lessor warrants that there are no Hazardous Materials (as defined herein) presently on site at the Hotel. Lessee agrees not to be brought uponuse, storedgenerate, manufacturedhandle, generatedstore or dispose of Hazardous Materials in, blendedon or under the Hotel, handled, recycled, treated, disposed or used on, under or about dispose of Hazardous Materials from the Premises, Hotel to any other location without the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent of Lessor, which consent may be withheld in Landlord’s Lessors sole discretion, and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq., and all other applicable laws, ordinances and regulations; provided, however, Lessee may use any ordinary and customary cleaning supplies and other materials reasonably required to be used in the course of operating a hotel, so long as such use is in compliance with applicable Environmental Laws and does not expose the Leased Property to any meaningful risk of contamination. Lessee shall immediately notify Lessor of any incident that would require the filing of a notice under applicable federal, state, or local law. Except as otherwise provided herein, any use of Hazardous Materials in, on or under the Hotel shall not commence until all permits required therefor have been obtained by Lessee and thereafter Lessee shall provide to Lessor on an annual basis Lessee's certification that all such permits have been renewed with copies of such renewed permits. As used herein, "Hazardous Materials" shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances or wastes including any asbestos-containing materials, waste oils, solvents and chlorinated oils, polychlorinated biphenyls (PCBs), or substances that are included under or regulated by any federal, state or local law, rule or regulation (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time) pertaining to the term environment, contamination or clean-up (all such laws, rules and regulations being referred to collectively as the “Environmental Laws” means all applicable present and future statutes”), regulationsincluding, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Response Compensation and Liability Act; the Resource Conservation Act of 1980, as amended, 42 U.S.C. § 9601 and Recovery Act; regulations adopted pursuant thereto. Lessee shall indemnify, defend upon demand and all state hold Lessor harmless from and local counterparts thereto (including Chapter 459 of the NRS)against, any liabilities, losses, claims, damages, interest, penalties, fines, attorneys' fees, experts' fees, court costs, remediation costs, and any regulations other expenses which result from the use, storage, handling, treatment, transportation, release, threat of release or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures disposal of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises Hotel by Lessee or Lessee's agents, employees, contractors or invitees. Lessor shall indemnify, defend upon demand and hold Lessee harmless from and against, any liabilities, losses, claims, damages, interest, penalties, fines, attorneys' fees, experts' fees, court costs, remediation costs, and other expenses which result from the improvements use, storage, handling, treatment, transportation, release, threat of release or disposal, occurring prior to, during, or after the soil term of this Agreement, of Hazardous Materials in, on, under or groundwater thereunderabout the Hotel by Lessor or Lessor's agents, employees, contractors or invitees. Tenant Lessee shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance notify Lessor of any kind with respect to the Propertyrelease, including without limitationor threat of release, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials in, on, under or about the environmentHotel, including surface water, groundwater, drinking water supply, land, surface whether or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsnot such release is subject to reporting requirements under any Environmental Laws. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or Lessee shall, at Landlord’s electionits expense, reimburse Landlordbe responsible for all monitoring, upon demand, for the cost to Landlord testing and/or remediation required in connection with a release of performing workHazardous Materials. The reimbursement provisions of this Section 3.11 shall be paid to Landlord in advance survive the expiration or earlier termination of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Brea Lease
Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, disposed which may be withheld for any reason whatsoever or used no reason and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Xxxxxx and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s or Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Xxxxxx’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessor shall update such list as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessor shall also provide Lessee with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable legal requirements. If Xxxxxx’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Hazardous Materials. The Tenant shall not cause nor permituse, nor allow handle, store or dispose of any of Tenant’s oil, hazardous or Tenant’s affiliates’ employeestoxic substances, agents, customers, visitors, invitees, licensees, contractors, assignees materials or subtenants wastes (individually, a collectively “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permitin, any Hazardous Materials (as defined herein) to be brought uponunder, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premises, the Building, the Common Area, Property or the Project, except for routine that Tenant may maintain customary office and janitorial supplies in usual amounts and customary quantities stored, used in a manner consistent with reasonable practices and disposed of in accordance compliance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other laws and except for such storage or treatment vessel or device on the Property without Landlord’s prior written and use consented to by Landlord in advance which consent which may be withheld in Landlord’s 's sole and absolute discretion. As used hereinAny Hazardous Materials in the Premises and all containers therefor, the term “Environmental Laws” means shall be used, kept, stored and disposed of in conformity with all applicable present and future statutes, regulationslaws, ordinances, codes, rules, codesregulations and orders of governmental authorities. If the transportation, judgmentsstorage, orders use or other similar enactments disposal of Hazardous Materials anywhere on the Property by Tenant or Tenant’s employees, contractors, representatives, agents, or invitees in connection with Tenant's use of the Premises results in (1) contamination of the soil or surface or ground water or (2) loss or damage to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any governmental authority contamination, claim of contamination, loss or agency regulating damage of which Tenant has knowledge, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) except to the extent resulting from the gross negligence or relating willful misconduct of Landlord or Landlord’s employees and agents, to healthindemnify, safetydefend and hold Landlord harmless from and against any claims, or environmental conditions onsuits, undercauses of action, or about the Premises or the environmentcosts and fees, including including, without limitation, reasonable attorneys' fees, arising from or connected with any such contamination, claim of contamination, loss or damage. This provision shall survive the following: termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the Comprehensive Environmental Responsemeans, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutantmethods, or contaminant listed or defined as hazardous or toxicmanner of removal, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest containment or other charge or encumbrance of any kind compliance with applicable law for and with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsforegoing. The phrase “environmental condition” terms of this Section 5.7 shall mean any adverse condition relating apply to any transportation, storage, use or disposal of Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event irrespective of any such environmental condition, whether Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at has obtained Landlord’s election, reimburse Landlord, upon demand, for consent therefor but nothing in this Lease shall limit or otherwise modify the cost to Landlord requirement of performing work. The reimbursement shall be paid to Landlord in advance of obtaining Landlord’s performing such work, based upon Landlord’s reasonable estimate prior consent as set forth in the first sentence of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Section 5.7.
Appears in 1 contract
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereinin this Lease, the term “Environmental Laws” "Hazardous Material" means all any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances" now or subsequently regulated under any applicable present and future statutesfederal, state or local laws or regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitationlimitation petroleum based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the following: environment or the Comprehensive Environmental Response, Compensation health and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 safety of persons. Lessor has disclosed any contamination of the NRS), and any regulations or policies promulgated or issued thereunderSite by Hazardous Materials of which it is aware. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances If Lessor becomes aware of any kindcircumstance which would change or render this representation incorrect, in whole or in part, Lessor will give immediate written notice to Xxxxxx. As defined in Environmental LawsXxxxxx is entitled to rely on Xxxxxx’s disclosures. Lessee shall not knowingly violate any law or regulation of any federal, Tenant is and shall be deemed to be the “operator” state or local governmental authority having jurisdiction over hazardous substances. If Xxxxxx becomes aware of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors any contamination or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing potential contamination of the violation of any Environmental Law or presence of any Site by Hazardous Materials, other than office Lessee will give immediate written notice to Lessor and janitorial supplies as permitted above, in, on, under shall cooperate in any investigation of potential contamination of the Site by Hazardous Materials. Lessee shall have no responsibility or about liability for Hazardous Materials that are pre-existing on the Premises Site or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect that are brought to the PropertySite by others for whom Xxxxxx is not liable. To the fullest extent permitted by law, the Lessor shall defend, indemnify and hold harmless the Lessee, its subcontractors, sub-subcontractors, consultants, and their respective agents and employees, from and against claims, damages, losses and expenses, including without limitationbut not limited to attorneys’ fees, any lien imposed pursuant to Section 107(f) arising out of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate resulting from the presence of any environmental condition caused hazardous materials or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancysubstances at the Site, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same except to the satisfaction extent that such damage, loss or expense is due to the fault or negligence of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beparty seeking indemnity.
Appears in 1 contract
Samples: Site Lease
Hazardous Materials. Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant shall agrees not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, handled, generated, blendedreleased or disposed of on, handled, recycled, treated, disposed or used onin, under or about the Premises, the Building, the Common Area, Property Areas or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 portion of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or inviteesinvitees (collectively, "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease and annually thereafter, within ten (10) days of written request from Landlord, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "F" attached hereto. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, the Building and the wastesProject, by-productsat its sole cost and expense, or residues generated, resulting, or produced therefrom. Tenant any and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted aboveincluding any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, on, under or about the Premises or Premises, the improvements or Building and/or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) Project or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant Party agrees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise or arising during Tenant’s result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Project and which are caused or permitted by Tenant Party’s occupancy, or any of Tenant's Parties. Tenant shall reimburse agrees to promptly notify Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any release of Hazardous Materials in the Premises, the Building or any other portion of the environmentProject which Tenant becomes aware of during the Term of this Lease, including surface water, groundwater, drinking water supply, land, surface whether caused by Tenant or subsurface strata any other persons or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsentities. In the event of any such environmental conditionrelease of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant shall promptly notify both the property manager and the Landlord and shall promptly to immediately take any and all steps Landlord deems necessary or appropriate to rectify the same remediate such release and prevent any similar future release to the satisfaction of the applicable agencies Landlord and Landlord's mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used in this Lease, the term "Hazardous Materials" shall mean and include any hazardous or shalltoxic materials, at Landlord’s electionsubstances or wastes as now or hereafter designated under any law, reimburse Landlordstatute, upon demandordinance, for rule, regulation, order or ruling of any agency of the cost to Landlord of performing workState, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other chlorofluorocarbons. The reimbursement shall be paid to Landlord in advance provisions of Landlord’s performing such work, based upon Landlord’s reasonable estimate this Subparagraph 8(c) will survive the expiration or earlier termination of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Industrial Lease (AcuNetx, Inc.)
Hazardous Materials. As used in this Lease, the term "Hazardous Material" means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances" now or subsequently regulated under any applicable federal, state or local laws or regulations, including, without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) Material to be generated, produced, brought upon, used, stored, manufactured, generated, blended, handled, recycled, treated, released or disposed or used on, under of in or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors contractors, sublessees without the prior written consent of Landlord, which can be withheld in Landlord's sole and absolute discretion. Landlord shall be entitled to take into account such other factors or inviteesfacts as Landlord may reasonably determine to be relevant in determining whether to grant or withhold consent to Tenant's proposed activity with respect to Hazardous Material. In no event, and however, shall Landlord be required to consent to the wastes, by-products, installation or residues generated, resulting, or produced therefromuse of any storage tanks on the Property. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of any Environmental Law or presence upon release of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, Material on, in or under the property and shall commence a diligent clean-up of any release to Landlord's satisfaction and in accordance with any local, state or about the Premises or the improvements or the soil or groundwater thereunderFederal regulations. Tenant shall neither create or suffer indemnify Landlord against the effect and any release of any Hazardous Material. Landlord hereby warrants and represents that, as of the date of this Lease and the Commencement Date, to existthe best of Landlord's knowledge, nor permit (a) the Property does not violate any Tenant Party to create or suffer to exist any lien, security interest environmental or other charge laws, statutes, ordinances, or encumbrance of regulations, (b) the Property is free from Hazardous Materials, and (c) Landlord has not committed any kind with respect act or omission which will resulting any claim to be asserted against Tenant or the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statuteDemised Premises. Landlord shall have the right to enter upon indemnify Tenant and inspect the Premises hold Tenant harmless from and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take against any and all steps necessary to rectify the same to the satisfaction claims, expenses, losses and liabilities suffered by Tenant based on Landlord's breach of any of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing workforegoing warranties. The reimbursement indemnity contained herein shall be paid to Landlord in advance survive the termination or expiration of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Hazardous Materials. Landlord represents and warrants to Tenant shall not cause nor permitthat Landlord, nor allow to Landlord's current actual knowledge, has not, at any time, used or permitted the use of any portion of Tenant’s 's Premises, the Building or Tenant’s affiliates’ employeesthe parking facilities in violation of any governmental laws, agentsstatutes, customersordinances, visitorsregulations or orders relating to health, inviteesindustrial-hygiene or the environmental conditions ("Regulations"), licenseesor for the use, contractorsstorage, assignees disposal or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, generation of any Hazardous Materials Material (as defined hereinbelow) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Tenant's Premises, the Building, the Common Area, Property or the Project, except for routine office including but not limited to, the soil and janitorial supplies ground water. Tenant represents and warrants to Landlord that Tenant will not, at any time, use or permit the use of any portion of Tenant's Premises, the Building or the parking facilities in usual violation of any Regulations on, under or about Tenant's Premises, including but not limited to, the soil and customary quantities storedground water. Tenant shall protect, used defend, indemnify and disposed hold Landlord harmless from and against any and all losses, costs (including reasonable attorneys' fees), liabilities and claims arising from the violation by Tenant, its employees, agents, representatives or invitees of in accordance with all applicable Environmental Lawsany of the Regulations that may affect Tenant's Premises or the Project and shall assume full responsibility and cost to remedy such violations, provided that the violations are not the result of any action or inaction on the part of Landlord. Tenant shall not installat any time use, operate generate, store or maintain any above dispose of on, under or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safetyabout Tenant's Premises, or environmental conditions onthe Project or transport to or from the same any hazardous wastes, undertoxic substances or related material ("Hazardous Materials") or permit or allow any third party to do so, without compliance with all Regulations. Hazardous Materials shall include, but shall not be limited to, substances defined as "hazardous substances" or about the Premises or the environment, including without limitation, the following: "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, 42 U.S.C. Section 9601 et seq.; the Resource Conservation and Conversation Recovery Act, 42 U.S.C. Section 6901 et seq.; and all state and local counterparts thereto those substances (including Chapter 459 of the NRS), and any regulations i) which are or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or become defined as "hazardous waste" or "hazardous substance" or which require investigation or remediation under any Regulation, (ii) which are toxic, under any Environmental Lawsexplosive, asbestos and petroleumcorrosive, including crude oil flammable, infectious, radioactive, carcinogenic or any fraction thereofmutagenic, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gasiii) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under which causes or threatens to cause a nuisance upon or threatens the health or safety of persons on or about the Premises Project or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to existadjacent properties, nor permit any Tenant Party to create or suffer to exist any lienand (iv) which contains gasoline, security interest diesel fuel or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bepetroleum hydrocarbons.
Appears in 1 contract
Samples: Office Lease (Ministry Partners Investment Company, LLC)
Hazardous Materials. Section 26.1. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (Materials, as defined herein) herein defined, to be brought upon, stored, manufacturedtreated, used, produced, generated, blendedemitted, disposed, discharged, or released (collectively known as “handled” or “handle”) upon, recycledabout, above or beneath the Demised Premises or the Industrial Center. Notwithstanding the foregoing, (i) normal quantities of those Hazardous Materials customarily used in the conduct of Tenant’s normal business operations for the Permitted Use may be used and stored at the Demised Premises without Landlord’s prior written consent, and (ii) in connection with the Permitted Use of the Demised Premises, Tenant shall be allowed to receive and send shipments of Hazardous Materials, but in all instances only in compliance with all applicable Environmental Laws, as defined herein and with the highest prevailing industry standards. These Hazardous Materials referred to in subdivisions (i) and (ii) of the preceding sentence shall be known as “Tenant’s Hazardous Materials” and shall be handled in accordance with all applicable federal, state and local laws, statutes, ordinances, regulations, codes, rulings, policies, requirements, orders and decrees including, but not limited to, the Resource Conservation Recovery Act of 1976 (42 U.S.C.. 6901 et seq.), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C.. 9601 et seq.), as amended (collectively known as “Environmental Laws”) relating to the industrial hygiene, environmental protection or the handling, use, analysis, generation, manufacture, storage, presence, disposal or transportation of Hazardous Materials, defined below. Tenant hereby agrees to pay the costs of all remediation and corrective measures made necessary or desirable in the event that Tenant shall breach the provisions of this Article. Tenant hereby indemnifies and agrees to defend and hold harmless, Landlord and its managing agent and its or their respective affiliates, principals, shareholders, officers, directors, partners, members, trustees, fiduciaries, servants, agents and employees from and against any and all liabilities, damages, suits, causes, actions, penalties, costs, charges, fees and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, for death or injury to any person or damage to any property whatsoever (including water tables and atmosphere) or otherwise resulting from Tenant’s failure to comply with its obligations, duties and responsibilities under this Article. For purposes of this indemnity, Tenant shall have the burden of proof to establish any pre-existing environmental conditions affecting the Demised Premises by conducting an environmental audit of the property. Any acts or omissions of Tenant or its employees, agents, customers, invitees, sub-lessees, assignees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant hereunder. Tenant agrees to execute affidavits, representations and the like from time to time at Landlord’s request conveying Tenant’s best knowledge and belief regarding the presence of Hazardous Materials in the Demised Premises. Tenant shall at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant’s use of the Demised Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Except as discharged in strict accordance and conformity with all applicable Environmental Laws, disposed or used Tenant shall cause any and all Hazardous Materials to be removed from the Demised Premises and transported solely by duly licensed facilities for final disposal of such Hazardous Materials. Tenant shall in all respects handle any and all Hazardous Materials in, on, under or about the PremisesDemised Premises in complete conformity with all applicable Environmental Laws and prudent industry practice regarding the management of such Hazardous Materials. All reporting obligations to the extent imposed upon Tenant by Environmental Laws are solely the responsibility of Tenant. Upon expiration or termination of this Lease, Tenant shall cause all Tenant’s Hazardous Materials to be removed from the BuildingDemised Premises and transported for use, the Common Area, Property storage or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of disposal in accordance and in compliance with all applicable Environmental Laws. Tenant shall not installtake any remedial action in response to the presence of Hazardous Materials in, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Demised Premises or in the Industrial Center, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to or in any way connected with the Demised Premises or the environment, including Industrial Center without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” first notifying Landlord of Tenant’s “facility” intention to do so and affording Landlord thirty (30) days to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. In addition, at Landlord’s request, at the “owner” expiration of the Lease Term, Tenant shall remove all Hazardous Materials brought tanks or fixtures which were placed on the Demised Premises by Tenantduring the Lease Term and which contain, its agentshave contained or are contaminated with, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefromHazardous Materials. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of (a) any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any Environmental Law Laws; (b) any claim made or presence of threatened by any person against Landlord or the Demised Premises relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials, other than office ; and janitorial supplies as permitted above, (c) any reports made to any environmental agency arising out of or in, on, under on or about the Demised Premises or in connection with any Hazardous Materials removed from the improvements Demised Premises, including any complaints, notices, warnings, reports or the soil or groundwater thereunderasserted violations in connection therewith. Tenant shall neither create also provide to Landlord, as promptly as possible, and in any event within five (5) business days after Tenant first receives or suffer to existsends the same, nor permit copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect way to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) Demised Premises or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating charge related to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental conditionEnvironmental Law), Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost deliver to Landlord lists of performing workHazardous Materials removed or to be removed from the Demised Premises. The reimbursement All such lists shall be paid list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.
Appears in 1 contract
Samples: Lease Agreement (Coty Inc /)
Hazardous Materials. In addition to any other restrictions set forth in this Lease, except as otherwise provided in this Lease, Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, as a result of any intentional act or omission on the part of Tenant, its agents, employees, tenants, subtenants or other occupants of the Premises to release Hazardous Materials Substances (as defined hereinin this Article) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed in or used on, under or about from any portion of the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies Premises in usual and customary quantities stored, used and disposed violation of in accordance with all applicable any Environmental Laws. Tenant shall not installindemnify, operate defend and hold harmless Landlord, and its successors, assigns, and each of their partners, employees, agents, officers and directors from and against any claims, demands, penalties, fines, liabilities, settlements, damages, losses, costs or maintain expenses of whatever kind or nature, known or unknown, contingent or otherwise, including, without limitation, reasonable attorneys’ and consultants’ fees and disbursements and investigation and laboratory fees arising out of (a) the presence, disposal, release or threat of release of any above Hazardous Substance as a result of any act or below grade tankomission of Tenant, sumpits agents, pitemployees, pondtenants, lagoon subtenants, invitees or other storage occupants of the Premises, in or treatment vessel from or device on affecting the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereinPremises (b) any personal injury (including wrongful death) or property damage, the term “Environmental Laws” means all applicable present real or personal arising out of any such Hazardous Substance, (c) any lawsuit brought, settlement reached, or government order relating to such Hazardous Substance, and future statutes(d) any violations of laws, order, regulations, ordinancesrequirements or demands or governmental authorities by Tenant. “Hazardous Substance” shall mean “solid waste” or “hazardous waste,” “hazardous material,” “hazardous substance” and “petroleum product” as defined in the Resource Conservation and Recovery Act, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; , the Resource Conservation Hazardous Material Transportation Act, the Federal Water Pollution Control Act and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or 1986, any laws relating to underground storage tanks and any similar or successor federal law, state statute. Landlord shall have the right to enter upon law or local statutes and inspect the Premises ordinances and to conduct testsany rules, monitoring regulations and investigations. If such tests indicate the presence of policies promulgated thereunder, as any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlordfederal, Tenant shall pay state and local statutes, ordinances and regulations may be amended from time to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposittime (collectively, as the case may be“Environmental Laws”).
Appears in 1 contract
Samples: Net Lease Agreement (Coach Inc)
Hazardous Materials. Tenant Lessee represents to Lessor, as part of the consideration recited herein that no part of the leased premises shall not cause nor permitbe used by Lessee for disposal, nor allow storage, treatment, processing, manufacturing or other handling of any of Tenant’s hazardous wastes, hazardous substances, asbestos or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants other materials (individually, a “Tenant Party” and collectively, the foregoing are referred to herein as “Tenant’s PartiesHazardous Materials”) deemed hazardous or otherwise subject to cause any federal, state, county or permitmunicipal laws, any statutes, codes, rules, regulations or ordinances pertaining to the use, handling, release, disposal, storage, treatment, processing or manufacturing of such Hazardous Materials or similar materials and substances (collectively, all such laws, etc. are referred to herein as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present .”) Lessee expressly acknowledges and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined agrees that in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental conditioncontamination by Hazardous Materials shall hereafter occur, Tenant or shall promptly notify both hereafter be determined to have occurred, arising out of or resulting from Lessee’s occupancy, at, upon, or from the leased premises, such occurrence of contamination shall be deemed, at Lessor’s option, to constitute a default under this Lease Agreement. Lessee hereby covenants and agrees, further, that in the event of the occurrence of any such contamination by Hazardous Materials arising from Lessee’s occupancy of the leased premises, or in the event of the determination that any such contamination of the property manager and has occurred, Lessee shall be obligated, whether or not required by law, immediately to clean-up, remove, resolve, minimize the Landlord and shall promptly take impact of or otherwise to remediate (any and all steps necessary such activities being referred to rectify the same to the satisfaction generally as “Remedation”) any such contamination of the applicable agencies property. Lessee shall indemnify Lessor for, and Landlordshall defend and hold Lessor harmless from and against, any and all liabilities, causes of action, demands, penalties, losses, costs and expenses, including, but not limited to, attorney’s fees and costs of Remediation, which may be suffered, paid or incurred by Lessor with respect to, or shallas a direct or indirect result of, at Landlord’s electionthe presence on or under, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; escape, seepage, leakage, spillage, discharge, emissions or release upon or from the leased premises of any Hazardous Materials or any contamination by Hazardous Materials, that may arise out off or result from the Lessee’s use and upon completion occupancy of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beleased premises.
Appears in 1 contract
Samples: Lease Agreement
Hazardous Materials. Except as otherwise explicitly provided herein, Tenant shall not cause nor permitbring, nor allow any use, store, process, release, dispose of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device generate on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environmentBuilding, including without limitationfor any reason, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunderHazardous Materials. The term “Hazardous Materials” means and includes shall mean any substance, material, waste, pollutant, substance that now or contaminant listed in the future is regulated by or is defined as hazardous or a toxic, dangerous or hazardous substance or pollutant under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be responsible and liable for compliance with the “operator” foregoing by all of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant Representatives and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsVisitors. In the event of any such environmental conditionviolation of these provisions, Tenant shall promptly notify both cease such violation and remove, remediate, clean up and dispose of any Hazardous Materials and transport them from the property manager Building, all in full compliance with applicable Laws and the other provisions of this Lease, and if Tenant fails to do so promptly and properly, Landlord shall have the right, but not the obligation, to perform all of the foregoing at Tenant’s cost, after giving Tenant written notice of its intent to do so. Tenant shall reimburse Landlord all costs it so incurs (including consultants’ and reasonable attorneys’ fees) within ten (10) days after written demand, together with interest at the Interest Rate (defined in Section 16.2) from the date incurred to the date reimbursed and Tenant shall also pay, be responsible for and make Landlord whole for all damages, fines and penalties assessed against the Building or Landlord and for all losses, injuries or damages of any kind attributable to the diminution of value, loss of use or adverse effects on any portion of the Building arising from or related to any violation of the requirements of this Section 33 by Tenant, Tenant’s Representatives or Tenant’s Visitors. Tenant shall at all times defend, protect, indemnify, and hold harmless Landlord, its partners, members, managers, employees or agents, and any shareholders, directors, officers, partners, members, managers, agents or employees of any of the foregoing, from and against all Claims (defined in Section 10.1) arising out of or related to any Hazardous Materials brought to the Building by Tenant, Tenant’s Representatives or Tenant’s Visitors. Notwithstanding the foregoing (i) Hazardous Materials normally used in connection with the Business and (ii) normal quantities and use of those Hazardous Materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored at the Premises, provided that such activities of Tenant shall comply with all Laws and shall be at Tenant’s sole risk and responsibility and that Tenant shall promptly take any and remove all steps necessary to rectify of such Hazardous Materials from the same to Building upon the satisfaction expiration or termination of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing workthis Lease. The reimbursement provisions of this Section 33 shall be paid to Landlord in advance survive the expiration or termination of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
Hazardous Materials. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant shall not cause nor permitcause, nor or allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) 's Parties to cause or permitcause, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blended, handled, recycled, treated, stored or disposed or used on, under of on or about the Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for "general office purposes" (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsProject or surrounding land or environment. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance ' contamination of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) portion of the Superfund Amendments and Reauthorization Act Project of 1986 (42 U.S.C. Section 9607(1)) which Tenant becomes aware, whether or any similar state statutenot caused by Tenant. Landlord shall have the right at all reasonable times to enter upon and inspect the Premises and to conduct teststests and investigations to determine whether Tenant is in compliance with the foregoing provisions, monitoring the costs of all such inspections, tests and investigationsinvestigations to be borne by Tenant. If such tests indicate Tenant shall indemnify, defend, protect and hold Landlord harmless from and against all liabilities, losses, costs and expenses (including attorneys' and consultants' fees), demands, causes of action, claims or judgments directly or indirectly arising out of the presence use, generation, storage, release, or disposal of any environmental condition caused or exacerbated Hazardous Materials by Tenant or any Tenant Party of Tenant's Parties in, on or arising during Tenant’s about the Premises, the Building or the Project or surrounding land or environment, excluding, however, any Tenant Party’s occupancyHazardous Materials whose presence was caused by a prior tenant. The foregoing indemnity shall include, Tenant shall reimburse Landlord without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises. losses attributable to diminution in value or adverse effects on marketability, the cost of conducting any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such testsaction is required or necessary prior to or following the expiration or earlier termination of this Lease. The phrase “environmental condition” shall mean any adverse condition relating Neither the consent by Landlord to any the use, generation, storage, release or disposal of Hazardous Materials or nor the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary indemnification pursuant to rectify the same this Paragraph 4.D. Tenant's obligations pursuant to the satisfaction foregoing indemnity shall survive the expiration or earlier termination of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Penederm Inc
Hazardous Materials. The Tenant shall not cause nor permituse, nor allow handle, store or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively "Hazardous Materials") in, under, on or about the Property except for (a) such storage and use consented to by Landlord in advance which consent may be withheld in Landlord's sole and absolute discretion, and (b) reasonable quantities of Tenant’s or Tenant’s affiliates’ employeescleaning fluids and substances associated with normal office uses, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to all of which shall be brought uponused, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of strictly in accordance with all applicable Environmental Lawslaws, regulations, and orders of public authorities. Tenant Any Hazardous Materials in the Premises, and all containers therefor, shall not installbe used, operate kept, stored and disposed of in conformity with all applicable laws, ordinances, codes, rules, regulations and orders of governmental authorities. If the transportation, storage, use or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device disposal of Hazardous Materials anywhere on the Property without by Tenant results in (1) contamination of the soil or surface or ground water, or (2) loss or damage to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord’s prior written consent which may be withheld , to clean up all contamination in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means full compliance with all applicable present and future statutes, regulationsregulations and standards, ordinancesand (iii) to indemnify, rulesdefend and hold Landlord harmless from and against any claims, codessuits, judgmentscauses of action, orders or other similar enactments of any governmental authority or agency regulating or relating to healthcosts and fees, safetyincluding, or environmental conditions on, under, or about the Premises or the environment, including without limitation, attorneys' fees, arising from or connected with any such contamination, claim of contamination, loss or damage. This provision shall survive the following: termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the Comprehensive Environmental Responsemeans, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutantmethods, or contaminant listed or defined as hazardous or toxicmanner of removal, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest containment or other charge or encumbrance of any kind compliance with applicable law for and with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsforegoing. The phrase “environmental condition” terms of this Section 5.7 shall mean any adverse condition relating apply to any transportation, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord's consent therefor but nothing in this Lease shall limit or otherwise modify the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or requirement of obtaining Landlord's prior consent as set forth in the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event first sentence of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Section 5.7.
Appears in 1 contract
Samples: Lease (Genuity Inc)
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined hereinhereinbelow) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed kept or used on, under in or about the PremisesBuilding, the Property, the Common Areas and/or the Project by Tenant, its agents, employees, contractors, licensees or invitees, except such Hazardous Materials that are typical in Tenant's business and that are at all times, used, kept and stored in the manner that complies with all laws, rules, regulations and ordinances now or hereafter regulating any such Hazardous Materials. If Tenant breaches the covenants and obligations set forth herein or, if the presence of Hazardous Materials on, in or about the Building, the Property or the Common Areas caused by Tenant, its agents, employees, contractors, licensees or invitees results in contamination of all or any portion of the Project or any other property, whether or not adjacent thereto, then Tenant shall indemnify, defend and hold Landlord free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification by Tenant of Landlord shall include, without limitation, any and all costs incurred with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Materials caused by Tenant, its agents, employees, contractor, licensees and/or invitees in, on or about the Building, the Common Area, Property Areas or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed soil or ground water on or under the Property. The provisions of in accordance with all applicable Environmental Lawsthis Section 10.02 shall survive the expiration or earlier termination of this Lease. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on For purposes of the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereinLease, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, "Hazardous Materials" shall mean the following: (a) those substances included within the definitions of "hazardous substances," "pollutant," or "contaminant" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et. seq. as heretofore or hereafter amended, the regulations promulgated pursuant to such Act and state laws and regulations similar to or promulgated pursuant to such Act; the Resource Conservation and Recovery Act(b) any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) flammable explosive, or (iv) radioactive; and all state (c) such other substances, materials and local counterparts thereto (including Chapter 459 of the NRS), and any regulations wastes which are or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined become regulated as hazardous or toxictoxic under federal, under state or local law. Likewise, Landlord shall indemnify, defend and hold Tenant free and harmless from and against any Environmental Lawsand all claims, asbestos judgments, damages, penalties, fines, costs, liabilities and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel losses (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(fsums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of contamination existing upon commencement of the Superfund Amendments and Reauthorization Act Lease Term by no fault of 1986 (42 U.S.C. Section 9607(1)) Tenant, or any similar state statuteas otherwise results directly from Landlord's acts or omissions. Landlord shall have the right hereby warrants to enter upon and inspect the Premises and Tenant that, to conduct testsLandlord's knowledge, monitoring and investigations. If such tests indicate the presence of it has not received written notification from any environmental condition caused governmental authority regarding actual or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction probable contamination of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work Property by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beHazardous Substances.
Appears in 1 contract
Samples: Lease (Microvision Inc)
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereinin this Lease, the term “Environmental Laws” "Hazardous Material" means all any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances" now or subsequently regulated under any applicable present and future statutesfederal, state or local laws or regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitationlimitation petroleum based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the following: environment or the Comprehensive Environmental Response, Compensation health and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 safety of persons. Lessor has disclosed any contamination of the NRS), and any regulations or policies promulgated or issued thereunderSite by Hazardous Materials of which it is aware. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances If Lessor becomes aware of any kindcircumstance which would change or render this representation incorrect, in whole or in part, Lessor will give immediate written notice to Xxxxxx. As defined in Environmental LawsXxxxxx is entitled to rely on Xxxxxx’s disclosures. Lessee shall not knowingly violate any law or regulation of any federal, Tenant is and shall be deemed to be the “operator” state or local governmental authority having jurisdiction over hazardous substances. If Xxxxxx becomes aware of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors any contamination or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing potential contamination of the violation of any Environmental Law or presence of any Site by Hazardous Materials, other than office Lessee will give immediate written notice to Xxxxxx and janitorial supplies as permitted above, in, on, under shall cooperate in any investigation of potential contamination of the Site by Hazardous Materials. Lessee shall have no responsibility or about liability for Hazardous Materials that are pre-existing on the Premises Site or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect that are brought to the PropertySite by others for whom Xxxxxx is not liable. To the fullest extent permitted by law, the Lessor shall defend, indemnify and hold harmless the Lessee, its subcontractors, sub-subcontractors, consultants, and their respective agents and employees, from and against claims, damages, losses and expenses, including without limitationbut not limited to attorneys’ fees, any lien imposed pursuant to Section 107(f) arising out of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate resulting from the presence of any environmental condition caused hazardous materials or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancysubstances at the Site, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same except to the satisfaction extent that such damage, loss or expense is due to the fault or negligence of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beparty seeking indemnity.
Appears in 1 contract
Samples: Site Lease
Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, disposed which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s or used Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessor shall update such list as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessor shall also provide Lessee with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable legal requirements. If Lessee’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Lease Agreement
Hazardous Materials. Tenant No Hazardous Materials (defined below) shall not cause nor permitbe Handled (defined below) upon, nor allow about, in, above or beneath the Premises or any portion of the Project by or on behalf of Tenant’s , its subtenants or Tenant’s affiliates’ its assignees, or their respective contractors, clients, officers, directors, employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants invitees (individuallycollectively, a “"Tenant Party” and collectively"). Notwithstanding the foregoing, “Tenant’s Parties”) to cause or permit, any normal quantities of those Hazardous Materials customarily used in the conduct of general administrative and executive office activities of a software company (as e.g., copier fluids and cleaning supplies) may be used and stored at the Premises without Landlord's prior written consent, but only in compliance with all applicable Environmental Laws (defined hereinbelow), and with the highest prevailing industry standards. Tenant shall, at its sole cost and expense, promptly take all actions (or at Landlord's election, reimburse Landlord for taking all actions) required by any Law or necessary for Landlord to be brought make full economic use of the Premises or any portion of the Project which arises in connection with the Handling (defined below) of Tenant's Hazardous Materials upon, storedabout, manufacturedabove or beneath the Premises or any portion of the Project. Such actions shall include, generatedbut not be limited to, blended, handled, recycled, treated, disposed the investigation of the environmental condition of the Premises or used on, under or about the Premises, any portion of the Building, the Common Areapreparation of any feasibility studies or reports and the performance of any cleanup, Property remedial, removal or restoration work. Tenant shall take all actions (or at Landlord's election, reimburse Landlord for taking all actions) necessary to restore the ProjectPremises or any portion of the Building to the condition existing prior to the introduction of Tenant's Hazardous Materials, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “"Environmental Laws” " means and includes all applicable present now and future hereafter existing statutes, laws, ordinances, codes, regulations, ordinances, rules, codesrulings, judgmentsorders, orders decrees, directives, policies and requirements by any federal, state or other similar enactments of any local governmental authority or agency regulating or regulating, relating to health, safetyto, or environmental conditions on, under, imposing liability or about the Premises standards of conduct concerning public health and safety or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “"Hazardous Materials” means and includes " means: (a) any material or substance, material, waste, pollutant, : (i) which is defined or contaminant listed or becomes defined as a "hazardous substance", "hazardous waste," "infectious waste," "chemical mixture or toxic, substance," or "air pollutant" under any Environmental Laws, asbestos and ; (ii) containing petroleum, including crude oil or any fraction thereof; (iii) containing polychlorinated biphenyls (PCB's); (iv) which constitutes asbestos or asbestos-containing material; (v) which is radioactive; (vi) which is infectious; or (b) any other material or substance displaying toxic, natural gas liquidsreactive, liquefied natural gasignitable or corrosive characteristics, as all such terms are used in their broadest sense. "Handle," "Handled," or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” "Handling" shall mean any adverse condition relating to installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture, refinement, presence, migration, emission, abatement, removal, transportation, or any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event other activity of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, type in connection with or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beinvolving Hazardous Materials.
Appears in 1 contract
Hazardous Materials. Tenant covenants and agrees that it shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinbelow) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Building by Tenant, its agents, employees, contractors or invitees. The foregoing covenant shall not extend to substances typically found or used in general administrative office applications so long as (i) such substances and any equipment which generates such substances are maintained only in such quantities as are reasonably necessary for Tenant's operations in the Premises, (ii) such substances are used strictly in accordance with the manufacturers' instructions therefor, (iii) such substances are not disposed of in or about the Building in a manner which would constitute a release or discharge thereof, and (iv) all such substances and any equipment which generates such substances are removed from the wastesBuilding by Tenant upon the expiration or earlier termination of this Lease. Any use, by-productsstorage, generation, disposal, release or residues generateddischarge by Tenant of Hazardous Materials in or about the Building as is permitted pursuant to this Section shall be carried out in compliance with all applicable federal, resultingstate and local laws, ordinances, rules and regulations. Moreover, no Hazardous Materials resulting from any operations by Tenant shall be stored or produced therefrommaintained by Tenant in or about the Building for more than ninety (90) days prior to removal by Tenant. Tenant shall, annually within thirty (30) days after Tenant's receipt of Landlord's written request therefor, provide to Landlord a written list identifying any Hazardous Materials then maintained by Tenant in the Building, the use of each such Hazardous Material and the approximate quantity of each such Hazardous Material so maintained by Tenant’s Parties , together with written certification by Tenant stating, in substance, that neither Tenant nor any person for whom Tenant is responsible has released or discharged any Hazardous Materials in or about the Building. In the event that Tenant proposes to conduct any use or to operate any equipment which will or may utilize or generate a Hazardous Material other than as specified in the first paragraph of this subsection, Tenant shall comply with all Environmental Laws and promptly notify Landlord first in writing of the violation submit such use or equipment to Landlord for approval, which approval may be granted or withheld in Landlord's sole discretion. No approval by Landlord shall relieve Tenant of any Environmental Law obligation of Tenant pursuant to this subsection, including the removal, clean-up and indemnification obligations imposed upon Tenant by this subsection. Tenant shall, within five (5) days after receipt thereof, furnish to Landlord copies of all notices or presence other communications received by Tenant with respect to any actual or alleged release or discharge of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under Material in or about the Premises or the improvements Building and shall, whether or not Tenant receives any such notice or communication, notify Landlord in writing of any discharge or release of Hazardous Material by Tenant or anyone for whom Tenant is responsible in or about the Premises or the soil Building. In the event that Tenant is required to maintain any Hazardous Materials license or groundwater thereunderpermit in connection with any use conducted by Tenant or any equipment operated by Tenant in the Premises, copies of each such license or permit, each renewal or revocation thereof and any communication relating to suspension, renewal or revocation thereof shall be furnished to Landlord within five (5) days after receipt thereof by Tenant. Compliance by Tenant with the two immediately preceding sentences shall not relieve Tenant of any other obligation of Tenant pursuant to this subsection. Upon any violation of the foregoing covenants, Tenant shall neither create be obligated, at Tenant's sole cost, to clean-up and remove from the Building all Hazardous Materials introduced into the Building by Tenant or suffer to exist, nor permit any person or entity for whom Tenant Party to create or suffer to exist is responsible. Such clean-up and removal shall include all testing and investigation required by any lien, security interest or other charge or encumbrance governmental authorities having jurisdiction and preparation and implementation of any kind with respect remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Tenant shall, in each instance, be conducted to the Property, including without limitation, any lien imposed satisfaction of Landlord and all governmental authorities having jurisdiction. Landlord's right of entry pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord Article 16 above shall have include the right to enter upon and inspect the Premises for violations of Tenant's covenants herein. Notwithstanding and in addition to conduct teststhe provisions of Article 14 above, monitoring Tenant shall indemnify, defend and investigations. If hold harmless Landlord and Landlord's Related Parties from and against any and all claims, liabilities, losses, actions, costs and expenses (including attorneys' fees and costs of defense) incurred by such tests indicate indemnified persons, or any of them, as the presence result of any environmental condition caused (i) the introduction into or exacerbated about the Building by Tenant or anyone for whom Tenant is responsible of any Hazardous Materials, (ii) the usage, storage, maintenance, generation, disposition or disposal by Tenant Party or arising during Tenant’s anyone for whom Tenant is responsible of Hazardous Materials in or about the Building, (iii) the discharge or release in or about the Building by Tenant or anyone for whom Tenant is responsible of any Hazardous Materials, (iv) any injury to or death of persons or damage to or destruction of property resulting from the use, introduction, maintenance, storage, generation, disposal, disposition, release or discharge by Tenant Party’s occupancyor anyone for whom Tenant is responsible of Hazardous Materials in or about the Building, and (v) any failure of Tenant or anyone for whom Tenant is responsible to observe the foregoing covenants of this subsection. Upon any violation of the foregoing covenants, Landlord shall be entitled to exercise all remedies available to a landlord against a defaulting tenant, including but not limited to those set forth in Article 21 above. Without limiting the generality of the foregoing, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of expressly agrees that upon any such environmental conditionviolation Landlord may, at its option, (i) immediately terminate this Lease or (ii) continue this Lease in effect until compliance by Tenant shall promptly notify both the property manager with its clean- up and the Landlord and shall promptly take removal covenant notwithstanding any and all steps necessary to rectify the same to the satisfaction earlier expiration date of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for term of this Lease. No action by Landlord hereunder shall impair the cost obligations of Tenant pursuant to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis subsection.
Appears in 1 contract
Samples: Office Lease (Intek Information Inc)
Hazardous Materials. Tenant LESSEE shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinbelow) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under in or about the Premises, the Building, the Common Area, Property Building or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Project by TenantLESSEES, its agents, employees, contractors contractors, or invitees, without the prior written consent of LESSOR (which LESSOR shall not unreasonably withhold as long as LESSEE demonstartes to LESSOR'S reasonable satisfaction that such Hazardous Material is necessary or useful to LESSEE'S business and will be used, kept, stored and disposed of by LESSEE in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the wastesPremises, by-productsBuilding and Project, and such storage will not create an undue risk to other LESSEES of the Building and Project, giving consideration to the nature of the Project and Building). If LESSEE breaches the obligations stated in the preceding sentence, or residues generatedif the presence of Hazardous Material on the Premises, resultingBuilding or Project, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing if contamination of the violation Premises, the Building or the Project, by Hazardous Material otherwise occurs for which LESSEE is legally liable to LESSOR for damage resulting therefrom, then LESSEE shall indemnify, defend and hold LESSOR harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, the Building or the Project, damages for the loss or restriction on use of rentable or usable space or of any Environmental Law amenity of the Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Building or the Project, 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 by LESSEE includes, without limitation, the obligation to reimburse LESSOR for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Material in, on, under on or about the Premises Premises, Building or Project caused on permitted by LESSEE results in any contamination of the Premises, the Building or the improvements Project, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect Project to the Property, including without limitation, any lien imposed pursuant condition existing prior to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event introduction of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereofHazardous Material thereto; and upon completion provided that LESSOR'S approval of such work by Landlordactions shall first be obtained, Tenant which approval shall pay not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes LESSOR to Landlord any shortfall promptly after receipt of Landlord’s bills liability therefor or Landlord shall promptly refund to Tenant any excess depositand such actions are undertaken in accordance with all applicable laws, as the case may berules and regulations and accepted industry practices.
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Hazardous Materials. () Throughout the Lease Term, Tenant shall not cause nor permitknowingly cause, nor permit or allow any chemical substances, asbestos or asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter by any governmental entity or agency (collectively, "Hazardous Materials") to be placed, stored, dumped, dispensed, released, discharged, used, sold, transported, or located on or within any portion of Tenant’s the Premises, the Building or Tenant’s affiliates’ employeesthe Land by itself or its servants, agents, customersemployees, visitorscontractors, inviteessubcontractors, licensees, contractors, assignees or subtenants (individuallysubtenants; provided, a “however, minor quantities of Hazardous Materials may be used or stored in the Premises for cleaning purposes only or in connection with the use of office equipment and the normal operation of Tenant's office only, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Tenant Party” and collectivelyagrees to give Landlord prompt written notice of any discovery, “Tenant’s Parties”) to cause discharge, release or permit, threatened discharge or threatened release of any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premises, the Building, the Common Area, Property Building or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsLand. Tenant shall not install, operate or maintain agrees to promptly clean up any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent Hazardous Materials which may be withheld are placed in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Land by TenantTenant or its servants, its agents, employees, contractors contractors, subcontractors, licensees, assignees or inviteessubtenants and to remediate and remove any such contamination relating to the Premises, the Building and/or the Land, as appropriate, at Tenant's cost and the wastesexpense, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply in compliance with all Environmental Laws applicable laws, ordinances, rules and promptly notify Landlord regulations then in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises effect and to conduct testsLandlord's satisfaction, monitoring and investigationsat no cost or expense to Landlord. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancyAdditionally, Tenant shall reimburse hereby agrees to indemnify and hold harmless Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition and Landlord's partners, officers, directors, members, affiliates, employees and agents from and against all loss, cost, damage, liability and expense (including attorneys' fees and expenses) arising from or relating to any Hazardous Materials (other than those permitted above) which are placed in the Premises or the environmentBuilding or on the Land by Tenant or its servants, including surface wateragents, groundwateremployees, drinking water supplycontractors, landsubcontractors, surface licensees, assignees or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may besubtenants.
Appears in 1 contract
Hazardous Materials. Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant shall agrees not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, handled, generated, blendedreleased or disposed of on, handled, recycled, treated, disposed or used onin, under or about the Premises, the Building, the Common Area, Property Areas or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 portion of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or inviteesinvitees (collectively, "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "G" attached hereto. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, the Building and the wastesProject, by-productsat its sole cost and expense, or residues generated, resulting, or produced therefrom. Tenant any and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted aboveincluding any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, on, under or about the Premises or Premises, the improvements or Building and/or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) Project or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant Party agrees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord's partners, officers, directors, employees, agents, property managers, asset managers, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise or arising during Tenant’s result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Project and which are caused or permitted by Tenant Party’s occupancy, or any of Tenant's Parties. Tenant shall reimburse agrees to promptly notify Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any release of Hazardous Materials in the Premises, the Building or any other portion of the environmentProject which Tenant becomes aware of during the Term of this Lease, including surface water, groundwater, drinking water supply, land, surface whether caused by Tenant or subsurface strata any other persons or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsentities. In the event of any such environmental conditionrelease of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant shall promptly notify both the property manager and the Landlord and shall promptly to immediately take any and all steps Landlord deems necessary or appropriate to rectify the same remediate such release and prevent any similar future release to the satisfaction of the applicable agencies Landlord and Landlord's mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used in this Lease, the term "Hazardous Materials" shall mean and include any hazardous or shalltoxic materials, at Landlord’s electionsubstances or wastes as now or hereafter designated under any law, reimburse Landlordstatute, upon demandordinance, for rule, regulation, order or ruling of any agency of the cost to Landlord of performing workState, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other chlorofluorocarbons. The reimbursement shall be paid to Landlord in advance provisions of Landlord’s performing such work, based upon Landlord’s reasonable estimate this Subparagraph 8(c) will survive the expiration or earlier termination of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Exhibit 10 (Softlink Inc)
Hazardous Materials. The Tenant shall not cause nor permituse, nor allow handle, store or dispose of any of Tenant’s oil, hazardous or Tenant’s affiliates’ employeestoxic substances, agents, customers, visitors, invitees, licensees, contractors, assignees materials or subtenants wastes (individually, a col- lectively “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permitin, any Hazardous Materials (as defined herein) to be brought uponunder, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premises, the Building, the Common Area, Property or the Project, except for routine office such storage and janitorial supplies use consented to by Landlord in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written advance which consent which may be withheld in Landlord’s sole and absolute discretion. As used hereinAny Hazardous Ma- terials in the Premises, the term “Environmental Laws” means and all containers therefor, shall be used, kept, stored and disposed of in conformity with all applicable present and future statutes, regulationslaws, ordinances, codes, rules, codesregulations and orders of governmental authorities. If the transportation, judgmentsstorage, orders use or other similar enactments disposal of Hazardous Materials anywhere on the Property in connection with Xxxxxx’s use of the Premises results in (1) contamination of the soil or surface or ground water or (2) loss or damage to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any governmental authority contamination, claim of contamination, loss or agency regulating or relating damage, (ii) after consultation with and approval by Landlord, to healthclean up all contamination in full compliance with all applicable statutes, safetyregulations and standards, or environmental conditions onand (iii) to indemnify, underdefend and hold Landlord harmless from and against any claims, or about the Premises or the environmentsuits, including causes of action, costs and fees, including, without limitation, attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. This provision shall survive the following: termination of this Lease. No consent or approval of Landlord shall in any way be construed as im- posing upon Landlord any liability for the Comprehensive Environmental Responsemeans, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutantmethods, or contaminant listed or defined as hazardous or toxicmanner of removal, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest containment or other charge or encumbrance of any kind compliance with applicable law for and with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsforegoing. The phrase “environmental condition” terms of this Section 5.7 shall mean any adverse condition relating apply to any transporta- tion, storage, use or disposal of Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event irrespective of any such environmental condition, whether Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at has obtained Landlord’s election, reimburse Landlord, upon demand, for consent therefor but nothing in this Lease shall limit or otherwise modify the cost to Landlord requirement of performing work. The reimbursement shall be paid to Landlord in advance of obtaining Landlord’s performing such work, based upon Landlord’s reasonable estimate prior con- sent as set forth in the first sentence of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Section 5.7.
Appears in 1 contract
Samples: Agreement
Hazardous Materials. Tenant covenants and agrees that it shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinbelow) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Building by Tenant, its agents, employees, contractors or invitees. The foregoing covenant shall not extend to substances typically found or used in general office applications so long as (i) such substances and any equipment which generates such substances are maintained only in such quantities as are reasonably necessary for Tenant’s operations in the Premises, (ii) such substances are used strictly in accordance with the manufacturers’ instructions therefor, (iii) such substances are not disposed of in or about the Building in a manner which would constitute a release or discharge thereof, and (iv) all such substances and any equipment which generates such substances are removed from the wastesBuilding by Tenant upon the expiration or earlier termination of this Lease (collectively, by-productsthe “Permitted Customary Office Hazardous Materials”). Any use, storage, generation, disposal, release or residues generateddischarge by Tenant of Hazardous Materials in or about the Building as is permitted pursuant to this Paragraph shall be carried out in compliance with all applicable federal, resultingstate and local laws, ordinances, rules and regulations. Moreover, no Hazardous Materials resulting from any operations by Tenant shall be stored or produced therefrommaintained by Tenant in or about the Building for more than ninety (90) days prior to removal by Tenant (other than Permitted Customary Office Hazardous Materials). Tenant and shall, annually within thirty (30) days after Tenant’s Parties receipt of Landlord’s written request therefor, provide to Landlord a written list identifying any Hazardous Materials then maintained by Tenant in the Building, the use of each such Hazardous Material and the approximate quantity of each such Hazardous Material so maintained by Tenant, together with written certification by Tenant stating, in substance, that neither Tenant nor any person for whom Tenant is responsible has released or discharged any Hazardous Materials in or about the Building. In the event that Tenant proposes to conduct any use or to operate any equipment which will or may utilize or generate a Hazardous Material other than as specified in the first paragraph of this subsection, Tenant shall comply with all Environmental Laws and promptly notify Landlord first in writing of the violation submit such use or equipment to Landlord for approval. No approval by Landlord shall relieve Tenant of any Environmental Law obligation of Tenant pursuant to this subsection, including the removal, clean‑up and indemnification obligations imposed upon Tenant by this subsection. Tenant shall, within five (5) days after receipt thereof, furnish to Landlord copies of all notices or presence other communications received by Tenant with respect to any actual or alleged release or discharge of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under Material in or about the Premises or the improvements Building and shall, whether or not Tenant receives any such notice or communication, notify Landlord in writing of any discharge or release of Hazardous Material by Tenant or anyone for whom Tenant is responsible in or about the Premises or the soil Building. In the event that Tenant is required to maintain any Hazardous Materials license or groundwater thereunderpermit in connection with any use conducted by Tenant or any equipment operated by Tenant in the Premises, copies of each such license or permit, each renewal or revocation thereof and any communication relating to suspension, renewal or revocation thereof shall be furnished to Landlord within five (5) days after receipt thereof by Tenant. Compliance by Tenant with the two immediately preceding sentences shall not relieve Tenant of any other obligation of Tenant pursuant to this subsection. Upon any violation of the foregoing covenants, Tenant shall be obligated, at Tenant’s sole cost, to clean‑up and remove from the Building all Hazardous Materials introduced into the Building by Tenant or any person or entity for whom Tenant is responsible. Such clean‑up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean‑up and removal activities of Tenant shall, in each instance, be conducted to the satisfaction of Landlord and all governmental authorities having jurisdiction. Landlord’s right of entry pursuant to Article 16 above shall include the right to enter and inspect the Premises for violations of Tenant’s covenants herein. Notwithstanding and in addition to the provisions of Article 14 above, subject to Section 15.05, Tenant shall indemnify, defend and hold harmless Landlord and the other Landlord Indemnified Parties from and against any and all claims, liabilities, losses, actions, costs and expenses (including reasonable attorneys’ fees and costs of defense) incurred by such indemnified persons, or any of them, as the result of (i) the introduction into or about the Building by Tenant or anyone for whom Tenant is responsible of any Hazardous Materials, (ii) the usage, storage, maintenance, generation, disposition or disposal by Tenant or anyone for whom Tenant is responsible of Hazardous Materials in or about the Building, (iii) the discharge or release in or about the Building by Tenant or anyone for whom Tenant is responsible of any Hazardous Materials, (iv) any injury to or death of persons or damage to or destruction of property resulting from the use, introduction, maintenance, storage, generation, disposal, disposition, release or discharge by Tenant or anyone for whom Tenant is responsible of Hazardous Materials in or about the Building, and (v) any failure of Tenant or anyone for whom Tenant is responsible to observe the foregoing covenants of this subsection. As used in this subsection, “Hazardous Materials” is used in its broadest sense and shall include any petroleum based products, pesticides, paints and solvents, polychlorinated biphenyl, lead, cyanide, DDT, acids, ammonium compounds and other chemical products and any substance or material defined or designated as hazardous or toxic, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance affecting the Premises or Building presently in effect or that may be promulgated in the future, as such statutes, regulations and ordinances may be amended from time to time, including but not limited to the following statutes: Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. ‘ 9601 et seq.; Clean Air Act, 42 U.S.C. § 7401‑7626; Water Pollution Control Act (Clean Water Act of 1977), 33 U.S.C. § 1251 et seq.; Insecticide, Fungicide, and Rodenticide Act (Pesticide Act of 1987), 7 U.S.C. § 135 et seq.; Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; Safe Drinking Water Act, 42 U.S.C. § 300(f) et seq.; National Environmental Policy Act (NEPA) 42 U.S.C. § 4321 et seq.; Refuse Act of 1899, 33 U.S.C. § 407 et seq.; Tenant acknowledges that incorporation of any material containing asbestos into the Premises is absolutely prohibited. Tenant agrees, represents and warrants that it shall neither create not incorporate or permit or suffer to existbe incorporated, nor permit knowingly or unknowingly, any material containing asbestos into the Premises. If any Hazardous Materials (other than those brought to the Building by Tenant Party or anyone claiming by, through or under Tenant), as classified as such under applicable Legal Requirements as of the date hereof are discovered in the Premises during (a) the performance of Landlord’s Work or (b) the Lease Term, and in either instance, which applicable Legal Requirements require same to create be abated, encapsulated, removed or suffer otherwise remediated (as of the date hereof), then Landlord, at Landlord’s cost and expense (except to exist any lienthe extent same may be included in Operating Expenses pursuant to the terms of this Lease), security interest following notice thereof by Tenant (provided no such notice shall be required in connection with subclause (a) above), shall promptly xxxxx, encapsulate, remove or other charge otherwise remediate such Hazardous Materials as and to the extent required in compliance with all Legal Requirements (to the extent applicable) (it being agreed that with respect to subclause (a) above, such abatement, encapsulation, removal or encumbrance remediation shall be performed by Landlord as part of any kind Landlord’s Work). If following the Commencement Date, Tenant is actually prevented or prohibited from conducting business operations in the Premises (or portion thereof) due to Landlord’s compliance with its obligations under the immediately preceding sentence and Tenant in fact ceases to use the Premises, or such portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) portion of such space so affected for each day that Tenant is so actually prevented or prohibited from conducting business operations in such portion of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bePremises.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Hazardous Materials. Tenant Lessee shall not cause nor permitgenerate, store or use any "Hazardous Materials" (as hereinafter defined) in or on the Leased Premises or elsewhere on the Property, nor allow permit any person to do so on the Leased Premises, except (i) those customarily used in general offices, and (ii) subject to prior written notice to Lessor before the commencement of use by Lessee, those customarily used in connection with any of Tenant’s the other Permitted Uses. All such generation, storage and use shall be done only in compliance with all Legal Requirements, Insurance Requirements and applicable industry standards. Lessee shall not dispose of Hazardous Materials from the Leased Premises (or Tenant’s affiliates’ permit any person or entity to do so) to any other location except a properly licensed disposal facility and then only in compliance with all applicable Legal Requirements. Lessee shall not release or discharge, or permit the release or discharge by persons or entities claiming by, through or under Lessee, of any Hazardous Materials in or on the Leased Premises or elsewhere on the Property. Lessor shall not be liable to Lessee or to anyone claiming by, through or under Lessee, or to any other person or entity or governmental authority whatsoever, in connection with the storage, generation, use, disposal, transport, or release of Hazardous Materials by Lessee, or anyone claiming by, through or under Lessee, or any of their respective officers, directors, servants, employees, agents, customerscontractors, visitors, or invitees, licenseeswhether or not such activities have been consented to by Lessor. Lessee shall not be liable to Lessor or to anyone claiming by, through or under Lessor, or to any other person or entity or governmental authority whatsoever, in connection with the storage, generation, use, disposal, transport, or release of Hazardous Materials by Lessor, or anyone claiming by, through or under Lessor (exclusive of Lessee and those persons identified in the immediately preceding sentence), or any of their respective officers, directors, servants, employees, agents, contractors, assignees or subtenants invitees, whether or not such activities have been consented to by Lessee. Lessee shall defend with counsel reasonably acceptable to Lessor, and indemnify and hold harmless Lessor and the holder of any mortgage, and their respective officers, directors, servants, employees, and agents, from and against any claim, expense, liability, demand, obligation, action, proceeding or assertion of liability, and any damage, cost or loss (individuallyincluding, a “Tenant Party” and collectivelywithout limitation, “Tenant’s Parties”) to cause or permitattorneys' fees, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premisesconsultant's fees, the Buildingcost of litigation, the Common Areaand any remediation and cleanup costs), Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating arising from or relating to health(i) the storage, safetygeneration, use, disposal, transport, or environmental conditions on, underrelease of Hazardous Materials by Lessee, or about the Premises anyone claiming by, through or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutantunder Lessee, or contaminant listed or defined as hazardous or toxicany of their respective officers, under any Environmental Lawsdirectors, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agentsservants, employees, agents, contractors or invitees, and the wastes, by-productswhether or not such activities have been consented to by Lessor, or residues generated(ii) the storage, resultinggeneration, use, disposal, transport or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord release of Hazardous Materials in writing of or on the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Leased Premises or elsewhere at the improvements Complex during the Lease Term, and in each case shall immediately discharge or cause to be discharged any lien imposed upon the soil Leased Premises in connection with any such claim. Lessee shall not settle or groundwater thereundercompromise any claim without Lessor's prior written approval. Tenant Lessor shall neither create defend with counsel reasonably acceptable to Lessee, and indemnify and hold harmless Lessee and its officers, directors, servants, employees, and agents, from and against any claim, expense, liability, demand, obligation, action, proceeding or suffer to existassertion of liability, nor permit and any Tenant Party to create damage, cost or suffer to exist any lienloss (including, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, attorneys' fees, consultant's fees, the cost of litigation, and any lien imposed pursuant remediation and cleanup costs), arising from or relating to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials on or under the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction Property as of the applicable agencies and Landlord, date of this Lease. Lessor shall not settle or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord compromise any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beclaim against Lessee without Lessee's prior written approval.
Appears in 1 contract
Samples: Lease Agreement (Equallogic Inc)
Hazardous Materials. Tenant Sublessee shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s hazardous or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees toxic substances or subtenants hazardous or toxic materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blended, handled, recycled, treated, stored or disposed or used of on, under or about the Premisesabout, or transported to or from, the BuildingSubleased Premises (collectively, the Common Area, Property or the Project“Hazardous Materials Activities”), except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance compliance with all applicable Environmental Laws. Tenant shall not installRegulations and the Prime Lease, operate provided that Sublessee provides Sublessor with prior notification of such Hazardous Materials before using, storing or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 disposing of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, same in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigationsSubleased Premises. If Sublessor consents to any such tests indicate Hazardous Materials Activities, the presence Sublessee shall conduct them in compliance (at Sublessee’s expense) with all applicable Regulations, as hereinafter defined, and use all necessary and appropriate precautions to prevent any spill, discharge, release or exposure to persons or property. Sublessor shall not be liable to Sublessee for any loss, cost, expense, claim, damage or liability arising out of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials Activities by Sublessee, Sublessee’s employees, agents, contractors, licensees, customers or invitees, whether or not consented to by the environmentSublessor. For purposes hereof, including surface waterHazardous Materials shall include, groundwaterbut not be limited to, drinking water supply(i) substances defined as “hazardous substances”, land“toxic substances”, surface or subsurface strata “hazardous wastes” in (a) the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (b) the federal Hazardous Materials Transportation Act, as amended, (c) the federal Resource Conservation and Recovery Act, as amended (“RCRA”); (ii) those substances defined as “hazardous wastes” in the Massachusetts Hazardous Waste Facility Siting Act, as amended (Massachusetts General Laws Chapter 21D); (iii) those substances defined as “hazardous materials” or “oil” in Massachusetts General Laws Chapter 21E, as amended; (iv) those substances regulated by any other federal, state, county, municipal or local laws relating to the ambient air environment or health and includes airhuman safety (whether now existing or hereinafter enacted or promulgated); and (v) such substances as are defined in any regulations adopted and publications promulgated pursuant to any of said laws (collectively, land “Regulations”). Sublessor hereby consents to Sublessee’s use of the Hazardous Materials listed on Exhibit E attached hereto and water pollutantsto normal quantities of cleaning fluid and office supplies which may constitute Hazardous Materials but which are customarily present in premises devoted to office use, noiseprovided that such use is in compliance with all Regulations and shall be subject to all of the other provisions of this Paragraph 32, vibrationexcept that Sublessee shall not be required to provide Sublessor with the aforesaid list of the types and quantities of such cleaning fluids and office supplies. Sublessee shall also provide Sublessor with a copy of any Hazardous Materials inventory statement required by any applicable Regulations, light and odorsany update filed in accordance with any applicable Regulations. In If Sublessee’s activities violate or create a risk of violation of any Regulations or cause a spill, discharge, release or exposure to any persons or property, Sublessee shall cease such activities immediately upon notice from Sublessor. Sublessee shall immediately notify Sublessor both by telephone and in writing of any spill, discharge, release or exposure of Hazardous Materials in or about the Subleased Premises or of any condition in or about the Subleased Premises constituting an “imminent hazard” under any Regulations. After giving reasonable notice, except in the event of an emergency, Sublessor and Sublessor’s representatives and employees may enter the Subleased Premises when accompanied by a representative of Sublessee at any such environmental conditiontime during the Term to inspect Sublessee’s compliance herewith, Tenant shall promptly notify both the property manager and the Landlord may disclose any spill, discharge, release, or exposure or any violation of any Regulations to any governmental agency with jurisdiction. Sublessee hereby agrees to defend, indemnify and shall promptly take hold harmless Sublessor, its directors, partners, employees, agents, contractors, subcontractors, licensees, invitees, successors and assigns from and against any and all steps necessary liability, claims, suits, demands, judgments, costs, losses, interest and expenses (including, without being limited to, reasonable attorneys’ fees and expenses incurred in the investigation, defense and settlement of claims or remediation of contamination) incurred by such indemnified parties as a result of or in connection with Sublessee’s use of Hazardous Materials (except for Hazardous Materials or Wastes existing at the Subleased Premises prior to rectify the date of this Sublease) or as a result of or in connection with activities prohibited under this Paragraph 32. Sublessee shall bear, pay and discharge, as and when the same to become due and payable, any and all such judgments or claims for damages, penalties or otherwise against such indemnified parties, shall hold such indemnified parties harmless against all claims, losses, damages, liabilities, costs and expenses, and shall assume the satisfaction burden and expense of defending all suits, administrative proceedings, and negotiations of any description with any and all persons, political subdivisions or government agencies arising out of any of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord occurrences set forth in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Paragraph 32.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (BG Medicine, Inc.)
Hazardous Materials. As used in this Lease, “Hazardous Materials” shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any Regulation. Tenant shall not cause nor permitcause, nor or allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) Parties to cause or permitcause, any Hazardous Materials (as defined herein) to be brought uponhandled, used, generated, stored, manufacturedreleased or disposed of in, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord’s written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for “general office purposes” (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsProject or surrounding land or environment. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials’ contamination of any portion of the Project of which Tenant becomes aware, other than office whether or not caused by Tenant. Landlord shall have the right at all reasonable times to inspect the Premises and janitorial supplies as permitted aboveto conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and investigations to be borne by Tenant. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys’ and consultants’ fees and court costs), demands, causes of action, or judgments directly or indirectly arising out of or related to the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant’s Parties in, on, under or about the Premises Premises, the Building or the improvements Project or the soil surrounding land or groundwater thereunder. Tenant environment, which indemnity shall neither create or suffer to existinclude, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant damages for personal or bodily injury, property damage, damage to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) environment or any similar state statute. Landlord shall have natural resources occurring on or off the right Premises, losses attributable to enter upon and inspect the Premises and to conduct testsdiminution in value or adverse effects on marketability, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such testsaction is required or necessary prior to or following the expiration or earlier termination of this Lease. The phrase “environmental condition” shall mean any adverse condition relating Neither the consent by Landlord to any the use, generation, storage, release or disposal of Hazardous Materials or nor the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary indemnification pursuant to rectify the same this Paragraph 4.D. Tenant’s obligations pursuant to the satisfaction foregoing indemnity shall survive the expiration or earlier termination of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Hazardous Materials. Neither the Tenant shall not cause nor permitits agents, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agentscontractors or invitees shall, customerswithout the prior written consent of the Landlord, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinhereinafter defined) to be brought or remain upon, kept, generated, used, released, discharged, disposed of, leaked, or emitted in, on, under, about, to or from or treated at the Premises, the Retail Parcel, the Building or the Property. As used in this Lease, "Hazardous Material(s)" shall mean any hazardous, etiological, toxic, dangerous or radioactive substance, material, matter or waste which is or becomes during the Term of this Lease regulated by any applicable federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include but not be limited to asbestos, or any substance containing asbestos, petroleum products or any substance containing hydrocarbons, polychlorinated biphenyls, lead, radon, pesticides, any substance which, when on the Premises, is prohibited by any Environmental Laws or any other substance, material or waste which by any Environmental Laws requires special handling or notification of any governmental authority in its collection, storage, treatment or disposal and the terms "Hazardous Substance" and "Hazardous Waste" as defined in any Environmental Laws. As used in this Lease, "Environmental Laws" shall mean any and all federal, state and local laws, statutes, codes, ordinances, regulations, rules or other requirements, relating to human health or safety or to the environment, including, but not limited to, those applicable to the storage, treatment, disposal, handling and release of any Hazardous Materials, all as amended or modified from time to time including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9601 et seq. ("CERCLA"), and the Resource Conversation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq. ("RCRA"). However, "Hazardous Materials" shall not include substances which are necessary to be used or sold in the ordinary course of a business similar to the Tenant's business as permitted pursuant to this Lease, provided, however, that such substances are used, handled, transported, stored, manufactureddischarged or emitted in de minimus quantities and in compliance with all applicable federal, generatedstate or local laws, blendedrules, regulations, codes, ordinances or any other governmental restrictions or requirements. If such substances are not so handled, recycledtransported or stored then they shall be deemed "Hazardous Materials" for purposes of this Lease. Notwithstanding such consent, treatedthe Landlord may revoke its consent upon: (1) the Tenant's failure to remain in full compliance with applicable environmental permits and any other requirements under any federal, disposed state, or used local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement related to environmental safety, human health, or employee safety; (2) the Tenant's business operations pose a human health risk (as determined by the federal, state or local governmental agency with the responsibility or jurisdiction to make that determination) to other tenants; or (3) the Tenant expands its use, storage, or treatment of any Hazardous Materials in a manner inconsistent with the safe operation of the Retail Parcel, the Property or the Premises. Should the Landlord consent in writing to the Tenant bringing, using, storing or treating any Hazardous Material(s) in or upon the Premises, the Retail Parcel, the Building or the Property, the Tenant shall strictly obey and adhere to any and all applicable federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements which in any way regulate, govern or impact the Tenant's possession, use, storage, treatment or disposal of said Hazardous Material(s). In addition, the Tenant covenants, represents and warrants to the Landlord, its agents, employees, affiliates and shareholders that it shall (aa) comply at all times with all Environmental Laws in 461545/C/1Q effect, or which may come into effect which are or become applicable to the Tenant or Tenant's use and occupancy of the Premises; (bb) apply for and remain in compliance with any and all applicable federal, state or local permits in regard to Hazardous Materials; (cc) report to any and all applicable governmental authorities any release of reportable quantities of any Hazardous Material(s) as required by any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (dd) immediately notify Landlord, in writing, of any existing, pending or threatened (1) investigation, inquiry, claim or action by any governmental authority in connection with any Environmental Laws; (II) third party claims; (III) regulatory actions; and/or (IV) contamination of the Premises; (ee) within ten (10) days of receipt, send to the Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority relevant to the Tenant's compliance status with environmental or health and safety laws; (ff) at Tenant's expense, investigate, monitor, remediate, and/or clean up any Hazardous Materials or other environmental condition on, about, or under the Premises caused or permitted by Tenant or any agent, employee, contractor or invitee of Tenant; (gg) remove from the Premises, the Retail Parcel, the Building all Hazardous Materials which the Tenant brought or permitted to be brought upon the Premises, the Retail Parcel, or the Building at the termination or earlier expiration of this Lease; and (hh) keep the Premises free of any lien imposed pursuant to any Environmental Laws. In addition to, and in no way limiting, the Tenant's duties and obligations as otherwise set forth in this Lease, should the Tenant breach any of its duties and obligations as set forth in this Section of this Lease, including violation of any Environmental Laws or if the presence of any Hazardous Materials on, under or about the Premises caused by Tenant or its agents, employees or contractors (excluding those Hazardous Materials that were present in the Premises prior to the Tenant's occupancy and those Hazardous Materials brought or emanating upon the Premises by the Landlord or any other tenant of the Building or occupant of the Building not so occupying pursuant to right or permission of Tenant) results in contamination of the Premises, the Retail Parcel, the Building or the Property, any land other than the Property, the atmosphere, or any water or waterway (including groundwater), or if contamination of the Premises, the Retail Parcel, the Building or the Property by any Hazardous Materials otherwise occurs for which the Tenant is otherwise legally liable to the Landlord for damages resulting therefrom, arising directly or indirectly, the Tenant shall indemnify, hold harmless, and at the Landlord's option, defend the Landlord, and its contractors, agents, employees, partners, officers, directors, and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, judgments, liabilities, interest and losses of any and every kind and nature (including, without limitation, diminution in value of the Premises, the Retail Parcel, the Building and the Property, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises, the Retail Parcel, and the Building, damages arising from any adverse impact on marketing space at the Retail Parcel or the Building, and sums paid in settlement of claims and for attorneys' fees, consultant fees and expert fees, which may arise during or after the Term of this Lease or any extension thereof as a result of such contamination). This includes, without limitation, costs and expenses incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of Hazardous Material(s) on or about the Premises, the Retail Parcel, or the Building (excluding those Hazardous Materials that were present in the Premises prior to the Tenant's occupancy and those Hazardous Materials brought or emanating upon the Premises by the Landlord or any other tenant of the Building or occupant of the Building not so occupying pursuant to right or permission of Tenant), or because of the presence of Hazardous Materials anywhere else which came or otherwise emanated from the Tenant or the Premises (excluding those Hazardous Materials that were present in the Premises prior to the Tenant's occupancy and those Hazardous Materials brought or emanating upon the Premises by the Landlord or any other tenant of the Building or occupant of the Building not so occupying pursuant to right or permission of Tenant after the Tenant's occupancy). Without limiting the foregoing, if the presence of any Hazardous Materials on, under or about the Premises, the Retail Parcel, or the Building caused or permitted by the Tenant results in any contamination of the Premises, Retail Parcel, or the Building, the Common AreaTenant shall, Property or the Projectat its sole expense, except for routine office promptly take all actions and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain incur any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating expenses as are necessary to health, safety, or environmental conditions on, under, or about return the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect Property to the Property, including without limitation, any lien imposed pursuant condition existing prior to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event introduction of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same Hazardous Materials to the satisfaction of Premises, Retail Parcel or the applicable agencies and Building; provided, however, that the Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion 's approval of such work by Landlordactions shall first be obtained in writing, Tenant and such approval shall pay to not be unreasonably withheld, conditioned or delayed. Tenant's obligations, responsibilities and liabilities under this Article 21 shall survive the expiration or earlier termination of this Lease. Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund represents and warrants to Tenant any excess depositto the best of its knowledge that at the time the Premises is delivered to Tenant, as no Hazardous Materials are contained in or on the case may bePremises.
Appears in 1 contract
Samples: Lease Agreement (Privatebancorp Inc)
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereinin this Lease, the term “Environmental LawsHazardous Material” means all any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances,” “ hazardous wastes,” “ hazardous materials” or “toxic substances” now or subsequently regulated under any applicable present and future statutesfederal, state or local laws or regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitationlimitation petroleum based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the following: environment or the Comprehensive Environmental Response, Compensation health and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 safety of persons. Lessor has disclosed any contamination of the NRS), and any regulations or policies promulgated or issued thereunderSite by Hazardous Materials of which it is aware. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances If Lessor becomes aware of any kindcircumstance which would change or render this representation incorrect, in whole or in part, Lessor will give immediate written notice to Xxxxxx. As defined in Environmental LawsXxxxxx is entitled to rely on Xxxxxx’s disclosures. Lessee shall not knowingly violate any law or regulation of any federal, Tenant is and shall be deemed to be the “operator” state or local governmental authority having jurisdiction over hazardous substances. If Xxxxxx becomes aware of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors any contamination or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing potential contamination of the violation of any Environmental Law or presence of any Site by Hazardous Materials, other than office Lessee will give immediate written notice to Xxxxxx and janitorial supplies as permitted above, in, on, under shall cooperate in any investigation of potential contamination of the Site by Hazardous Materials. Lessee shall have no responsibility or about liability for Hazardous Materials that are pre-existing on the Premises Site or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect that are brought to the PropertySite by others for whom Xxxxxx is not liable. To the fullest extent permitted by law, the Lessor shall defend, indemnify and hold harmless the Lessee, its subcontractors, sub-subcontractors, consultants, and their respective agents and employees, from and against claims, damages, losses and expenses, including without limitationbut not limited to attorneys’ fees, any lien imposed pursuant to Section 107(f) arising out of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate resulting from the presence of any environmental condition caused hazardous materials or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancysubstances at the Site, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same except to the satisfaction extent that such damage, loss or expense is due to the fault or negligence of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beparty seeking indemnity.
Appears in 1 contract
Samples: Site Lease
Hazardous Materials. Tenant shall not cause nor permituse or permit any hazardous, nor allow any of Tenant’s toxic or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants radioactive materials (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to "HAZARDOUS MATERIALS")to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed kept or used on, under in or about the Premises, the Building, the Common Area, Property Improvements or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 portion of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Development by Tenant, its agents, employeesemployees or contractors, unless such Hazardous Materials are necessary or useful to and customarily used in Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Materials. In addition, Tenaxx xxxll be entitled to use general office supplies, normal janitorial supplies, supplies used in maintaining its equipment and swimming pool supplies in a manner that complies with all laws regulating their use. If Tenant breaches the covenants and obligations set forth herein or, if the presence of Hazardous Materials on, in or about the Premises, the Improvements or any other portion of the Development caused or permitted by Tenant, its agents, employees or contractors results in contamination of the Premises, the Improvements or inviteesany other portion of the Development, then Tenant shall indemnify, defend and hold Landlord and the owner(s) and operator(s) of the Common Areas free and harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including diminution in the value of the Premises and/or the Common Areas, damages for the loss or restriction on use of rentable or useable space or of any amenity of the Premises, the Improvements or any other portion of the Development, and sums paid in settlement of claims, attorneys' fees, consultants' fees and expert fees) which arise during or after the wastes, by-products, or residues generated, resulting, or produced therefromTerm as a result of such contamination. This indemnification by Tenant of Landlord and Tenant’s Parties shall comply with all Environmental Laws the owner(s) and promptly notify Landlord in writing operator(s) of the violation Common Areas, includes any and all costs incurred in connection with any investigation of site conditions or any Environmental Law clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Materials in, on or about the Premises, the Improvements or any portion of the Development, including the soil or ground water on or under the Development. The provisions of this Section 8.3(i) shall survive the expiration or earlier termination of this Lease. Landlord shall not cause or permit any Hazardous MaterialsMaterials to be brought upon, other than office and janitorial supplies as permitted above, in, on, under kept or used in or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) portion of the Superfund Amendments Development by Landlord, its agents, employees or contractors unless such Hazardous Materials are used, kept and Reauthorization Act stored in a manner that complies with all laws regulating such Hazardous Materials. If Landlord breaches the covenants and obligations set forth herein or if contamination of 1986 (42 U.S.C. Section 9607(1)) the Premises or any similar state statute. other portion of the Development by Hazardous Materials otherwise occurs which is caused by Landlord or its agents, then Landlord shall have indemnify, defend and hold Tenant free and harmless from and against any and all claims, judgments, damages (but not consequential damages), penalties, fines, costs and liabilities and losses (including any diminution in the right to enter upon value of the Club, and inspect sums paid in settlement of claims, attorneys' fees, consultants' fees and expert fees) which arise during or after the Premises Term as a result of such contamination. This indemnification by Landlord of Tenant includes any and to conduct testsall costs incurred in connection with any investigation of site conditions or any clean up, monitoring and investigations. If such tests indicate remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of any environmental condition caused such Hazardous Materials in or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for about the cost of conducting such testsPremises. The phrase “environmental condition” provisions of this Section 8.3(ii) shall mean any adverse condition relating to any Hazardous Materials survive the expiration or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event earlier termination of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Defined Term (Sports Club Co Inc)
Hazardous Materials. Except for the incidental use of certain commonly used products for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or Project, which products have been disclosed by Tenant to Landlord in the Environmental Questionnaire (as defined below), Tenant hereby represents, warrants and covenants that Tenant will not produce, use, store or generate any "Hazardous Materials" (as defined below) on, under or about the Premises and/or Project. Tenant has fully and accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire") attached hereto as Exhibit D incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials, in addition to all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for breach of representation, Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant's failure to execute any such amendment within ten (10) days of Landlord's delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) Material to be brought upon, placed, stored, manufactured, generated, blended, handled, recycled, treateddisposed of, disposed used or used released on, in, under or about the Premises, the Building, the Common Area, Property Premises and/or Project by Tenant or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsTenant's Parties. Tenant shall not installexcavate, disturb or conduct any testing of any soils on or about the Project without obtaining Landlord's prior written consent, and any investigation or remediation on or about the Project shall be conducted only by a consultant approved in writing by Landlord and pursuant to a work letter approved in writing by Landlord. Tenant shall keep, operate or and maintain any above or below grade tankthe Premises in full compliance with all federal, sumpstate and local environmental, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulationshealth and/or safety laws, ordinances, rules, regulations, codes, judgmentsorders, orders directives, guidelines, permits or other similar enactments permit conditions currently existing and as amended, enacted, issued or adopted in the future which are applicable to the Premises (collectively, "Environmental Laws"). Landlord shall have the right (but not the obligation) to enter upon the Premises and cure any non-compliance by Tenant with the terms of this Paragraph 3.2 or any governmental authority Environmental Laws or agency regulating any release, discharge, spill, improper use, storage, handling or relating to health, safety, or environmental conditions disposal of Hazardous Materials on, under, from, or about the Premises or Project, regardless of the environmentquantity of any such release, including without limitationdischarge, spill, improper use, storage, handling or disposal of Hazardous Materials on or about the Premises or Project, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 full cost of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and which shall be deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand. If Landlord elects to enter upon the “operator” Premises and cure any such non-compliance or release, discharge, spill, improper use, storage, handling or disposal of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on, under, from, or about the Premises or Project, Tenant shall not be entitled to participate in Landlord's activities on the Premises Premises. If any information provided to Landlord by Tenant in the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is false, incomplete, or misleading in any material respect, the same shall be deemed an Event of Default by Tenant under this Lease. Without limiting in any way Tenant's obligations under any other provision of this Lease, Tenant and its successors and assigns shall indemnify, protect, defend and hold Landlord, its agentspartners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, the "Indemnified Parties") harmless from any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, costs and expenses (including, without limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs) including, without limitation, damages arising out of the diminution in the value of the Premises or inviteesProject or any portion thereof, damages for the loss of the Premises or Project, damages arising from any adverse impact on the marketing of space in the Premises or Project, and sums paid in settlement of claims, which arise during or after the wastes, by-products, Term in whole or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing part as a result of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under under, from or about the Premises or the improvements Project and/or other adjacent properties resulting directly from Tenant's or the soil Tenant's Parties' activities, or groundwater thereunder. Tenant shall neither create or suffer failures to existact (including, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, Tenant's failure to report any lien imposed pursuant spill or release to Section 107(fthe appropriate regulatory agencies), on or about the Premises or Project. Landlord represents and warrants that, to Landlord's actual knowledge as of the date of this Lease, the Premises and the Project are free of all Hazardous Materials in violation of Environmental Laws. Landlord and its successors and assigns shall indemnify, defend, reimburse and hold Tenant, its partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, "Landlord's Indemnified Parties"), harmless from any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, costs and expenses (including, without limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs), including the cost of remediation, which exist as a result of Hazardous Materials on the Premises or the Project resulting directly from Landlord's actions, during or after the Term, except to the extent brought onto the Premises or Project by Tenant. Landlord's obligations shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. Tenant may terminate this Lease by notifying Landlord in writing to such effect within the hereafter defined Remediation Period if Landlord fails in the foregoing sentence's requirement of removal, remediation, restoration and/or abatement within one hundred eighty (180) days after Tenant's notifying Landlord in writing ("Remediation Period") of the Superfund Amendments and Reauthorization Act existence of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect Hazardous Materials on the Premises and pursuant to conduct tests, monitoring and investigations. If such tests indicate the presence of this subparagraph (subject to any environmental condition delays caused or exacerbated by Tenant or any Tenant Party force majeure delays), which condition significantly limits Tenant's use of the Premises. None of the costs or arising during Tenant’s expenses incurred by Landlord in the performance of its obligations under this Paragraph shall be included in Operating Expenses. For purposes of this Lease, the term "Hazardous Material" means any chemical, substance, material, controlled substance, object, waste or any Tenant Party’s occupancycombination thereof, Tenant shall reimburse Landlord for which is or may be hazardous to human health, safety or to the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating environment due to any Hazardous Materials its radioactivity, ignitability, corrosiveness, reactivity, explosiveness, toxicity, carcinogenicity, infectiousness or the environmentother harmful or potentially harmful properties or effects, including surface waterincluding, groundwaterwithout limitation, drinking water supplypetroleum and petroleum products, landbenzene, surface or subsurface strata or the ambient air toluene, ethyl benzene, xylenes, waste oil, asbestos, radon, polychlorinated biphenyls (PCBs), degreasers, solvents, and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary of those chemicals, substances, materials, controlled substances, objects, wastes or combinations thereof which are now or may become in the future listed, defined or regulated in any manner as "hazardous substances," "hazardous wastes," "toxic substances," "solid wastes" or bearing similar or analogous definitions pursuant to rectify the same to the satisfaction of the applicable agencies any and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beall Environmental Laws.
Appears in 1 contract
Samples: Industrial Lease Agreement
Hazardous Materials. Tenant shall not cause nor permitbring or permit to remain on the Premises or the Project, nor or allow any of Tenant’s Agents to bring or permit to remain on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation (“Hazardous Materials”), except for routine office and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. Tenant shall not install or operate any underground storage tanks on or under the Premises or the Project. Tenant’s affiliatesviolation of the foregoing prohibitions shall constitute a material breach and default hereunder and Tenant shall indemnify, protect, hold harmless and defend (by counsel acceptable to Landlord) Landlord, and its Agents and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees fees and court costs) caused by or subtenants arising out of (individually, i) a “Tenant Party” and collectively, “Tenant’s Parties”violation of the foregoing prohibition or (ii) to cause the presence or permit, release of any Hazardous Materials (as defined herein) to be brought uponon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used onfrom, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon Project or other storage properties as the direct or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” indirect result of Tenant’s “facility” and occupancy of the “owner” of all Hazardous Materials brought on the Premises by Premises. Tenant, at its agentssole cost and expense, employeesshall clean up, contractors remove, remediate and repair any soil or invitees, and groundwater contamination or other damage or contamination in conformance with the wastes, by-products, requirements of applicable law caused by the presence or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence release of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, from, under or about the Premises or during the improvements or term of this Lease. Neither the soil or groundwater thereunderwritten consent of Landlord to the presence of the Hazardous Materials, nor Tenant’s compliance with all laws applicable to such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant shall neither create immediately give Landlord written notice (i) of any suspected breach of this section, (ii) upon learning of the presence or suffer to existany release of any Hazardous Materials, nor permit or (iii) upon receiving any Tenant Party to create or suffer to exist any lien, security interest notices from governmental agencies or other charge or encumbrance of any kind with respect parties pertaining to Hazardous Materials which may affect the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statutePremises. Landlord shall have the right from time to time, but not the obligation, to enter upon and inspect the Premises and to conduct tests, monitoring such inspections and investigations. If undertake such tests indicate the presence of any environmental condition caused sampling and testing activities as Landlord deems necessary or exacerbated by desirable to determine whether Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsis in compliance with this provision. The phrase “environmental condition” obligations of Tenant hereunder shall mean any adverse condition relating to any Hazardous Materials survive the expiration or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demandearlier termination, for the cost to Landlord any reason, of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Office Lease (Synplicity Inc)
Hazardous Materials. Tenant shall not Lessee covenants to comply, and to cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ its employees, agents, customerslicensees, visitorscontractors and permitted assignees or sublessee to comply, inviteeswith all local, state and federal laws, rules and regulations, now or at any time hereafter governing the use, handling, storage, treatment, removal, production, manufacture, transportation or disposal of hazardous or toxic substances or materials on the Demised Premises ("Laws"), and Lessee shall indemnify, defend and hold harmless Lessor from and against any and all liabilities, losses, damages, costs, expenses (including attorneys fees and expenses of Lessor), causes of action, suits, claims, demands or judgments of any nature (i) resulting from any spills or discharges of hazardous or toxic substances or materials on the Demised Premises during the Primary Term or any Option Term or during any period prior to the Commencement Date when Lessee was in occupancy of the Premises, caused by any act or omission of Lessee, or (ii) arising out of any failure on the part of Lessee, or its employees, agents, licensees, contractors, contractors or permitted assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) sublessee to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance comply with all applicable Environmental Laws. Tenant This indemnity shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on include the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments cost of any governmental authority required or agency regulating necessary repair, cleanup or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or inviteesdetoxification, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation preparation of any Environmental Law closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Lessor to the presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, hazardous or toxic materials or substances on, under or about the Premises nor the strict compliance by Lessee with all Laws shall excuse Lessee from Lessee's obligation of indemnification pursuant hereto. Lessee's obligations pursuant to the foregoing indemnity shall survive the termination of this Lease. Lessee further covenants and agrees to remove any of its hazardous or toxic personal property from the improvements Demised Premises at the expiration or earlier termination of this Lease. Upon Lessor's written request, Lessee shall deliver to Lessor copies of all studies, reports and other information submitted by Lessee to any governmental entity or agency regulating the soil or groundwater thereunderuse of such substances and materials. Tenant shall neither create or suffer to exist, nor permit Should Lessee at any Tenant Party to create or suffer to exist time receive any lien, security interest or other charge or encumbrance notice of violation of any kind Laws or be given a citation with respect thereto, or receive notice of any claims made by any third party against Lessee relating to the presence or suspected presence of hazardous or toxic materials or substances on the Premises, Lessee shall notify Lessor of such notice of violation, citation, or claim and shall provide Lessor with a copy of the same, and, with respect to any such violation of Laws or citations, shall cure the Propertydeficiency set forth in such notice of violation or citation within the time required. Any consent or approval, including without limitationexpress or implied, any lien imposed pursuant to Section 107(f) by Lessor of the Superfund Amendments and Reauthorization Act of 1986 Lessee's use or handling Big 5, Fontana, CA 2-12-96 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence 8) of any environmental condition caused hazardous or exacerbated toxic materials or substances shall not constitute an assumption of risk by Tenant Lessor regarding such materials or any Tenant Party substances or arising during Tenant’s a warranty or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials certification by Lessor that Lessee's use or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion handling of such work by Landlord, Tenant shall pay to Landlord materials or substances is safe or reasonable or in compliance with any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beLaws.
Appears in 1 contract
Samples: Lease (Big 5 Sporting Goods Corp)
Hazardous Materials. Tenant shall not cause nor permitpermit the emission, nor allow any release, threat of Tenant’s release or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, other escape of any Hazardous Materials (from the Leased Property so as defined herein) to be brought uponadversely affect in any manner, storedeven temporarily, manufactured, generated, blended, handled, recycled, treated, disposed any element or used on, under or about part of the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsLeased Property. Tenant shall not installuse, operate generate, store or maintain dispose of Hazardous Materials in, on or about the Leased Property, or dump, flush or in any above or below grade tank, sump, pit, pond, lagoon way introduce Hazardous Materials into the septic system or other storage waste disposal systems serving the Leased Property (nor shall Tenant permit or treatment vessel or device on suffer any of the Property without Landlord’s prior written consent which may be withheld foregoing), in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means any manner not in full compliance with all applicable present federal, state and future local statutes, regulationslaws, codes, ordinances, rulesby-laws, codesrules and regulations for the use, judgmentsgeneration, orders or other similar enactments storage and disposal of any governmental authority or agency regulating or relating to healthHazardous Materials. Tenant will indemnify, safetydefend and hold Landlord harmless from and against all claims, or environmental conditions onloss, undercosts and expenses (including, or about the Premises or the environment, including without limitation, reasonable attorneys' fees and disbursements, diminution in the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 value of the NRS)Leased Property, and costs incurred in connection with any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil investigation of site conditions or any fraction thereofclean-up or remedial work required by any federal, natural gas liquids, liquefied natural gas, state or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gaslocal Governmental agency) and explosives, flammables, or radioactive substances incurred as a result of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” breach of Tenant’s “facility” and 's covenants in the “owner” first paragraph of all Hazardous Materials brought on the Premises this Section 10.5 by Tenant or Tenant's contractors, its licensees, invitees, agents, servants or employees. Without limiting the foregoing, contractors or invitees, and if the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, on or under the Leased Property caused or about permitted by Tenant results in any contamination of the Premises Leased Property or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps actions at its sole expense as are necessary to rectify return the same Leased Property to the satisfaction condition existing prior to the introduction of any such Hazardous Material by Tenant, provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the applicable agencies Leased Property. Landlord will indemnify, defend and Landlordhold harmless Tenant from and against all claims, loss, cost and expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by Tenant as a result of Hazardous Materials existing in, on or shallunder the Leased Property prior to March 17, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work1995. The reimbursement shall be paid to obligations of Tenant and Landlord in advance this Section shall survive the expiration or earlier termination of Landlord’s performing such workthis Lease and any transfer of title to the Leased Property, based upon Landlord’s reasonable estimate whether by sale, foreclosure, deed in lieu of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor foreclosure or Landlord shall promptly refund to Tenant any excess deposit, as the case may beotherwise.
Appears in 1 contract
Samples: Lease (Giga Information Group Inc)
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees suffer or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) to be brought upon, storedkept, manufacturedused, generateddischarged, blended, handled, recycled, treated, disposed deposited or used on, under leaked in or about the PremisesPremises or any other portion of the Project by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or its agents, the Building, the Common Area, Property employees or the Projectcontractors), except for routine to the extent such Hazardous Materials are customarily kept or used by typical office tenants or are specifically set forth in Exhibit "D" attached hereto and janitorial supplies in usual and customary quantities storedare kept, used and disposed of in accordance strict compliance with all applicable Environmental Lawslaws, ordinances and regulations relating to Hazardous Materials. In the event Tenant's business requires the use of Hazardous Materials not listed on Exhibit "D", Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and advance promptly notify Landlord in writing of the violation names and approximate quantities of any Environmental Law such Hazardous Materials and Exhibit "D" shall be deemed amended to include such information. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about Material on the Premises or any other portion of the improvements Project caused or suffered or permitted by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or any other portion of the Project, or if contamination of the Premises or any other portion of the Project by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, expenses and losses (including without limitation diminution in value of the Project, damages for the loss of restriction on use of leasable space or of any amenity of the Building or the Project, damages arising from any adverse impact on marketing of space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of any Hazardous Material present in the soil or groundwater thereunder. Tenant shall neither create on or suffer to exist, nor permit under the Premises or any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) portion of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statuteProject. Landlord shall have Without limiting the right to enter upon and inspect the Premises and to conduct testsforegoing, monitoring and investigations. If such tests indicate if the presence of any environmental condition Hazardous Material on the Premises or any other portion of the Project caused or exacerbated suffered or permitted by Tenant or any Tenant Party of Tenant's Agents or arising during Tenant’s by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in any contamination of the Premises or any Tenant Party’s occupancyother portion of the Project, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s electionits sole cost and expense, reimburse Landlord, upon demand, for promptly take all actions necessary to return the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate Premises and all other portions of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay Project affected to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.condition existing
Appears in 1 contract
Samples: Omm Inc
Hazardous Materials. Tenant shall Lessor warrants that to Lessor's current knowledge the Premises are not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments violation of any governmental authority federal, state or agency regulating local Iaw, ordinance or regulation relating to health, safety, industrial hygiene or to the environmental conditions on, under, or about the Premises including, but not limited to, soil and groundwater conditions. Lessor is unaware of any proceeding or inquiry by any governmental authority with respect to the presence of Hazardous Materials on the Premises or the environmentmigration of Hazardous Materials from or to other Premises. The term "Hazardous Material" means any substance, including material or waste which is toxic, ignitable, reactive or corrosive and which is or becomes regulated by any local or state governmental authority or the United States Government. The term "Hazardous Material" includes without limitation, any material or substance which is (i) defined as a "hazardous waste" "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," or "hazardous material", by any local or state law, (ii) oil and petroleum products and their by-products, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant to the following: Federal Water Pollution Control Act., (v) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, or(vi) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act; . Lessee represents and warrants that it will not conduct any activities in the Resource Conservation Premises which may constitute a violation of any environmental law, statute and/or regulation. Lessee agrees not to employ or utilize the Premises for the purpose of disposing,treating, storing,handling or transporting any Hazardous Materials other than in compliance with all applicable environmental laws, rules and Recovery Actregulations, unless it obtains the prior written consent of the Lessor. Notwithstanding anything in this Section to the contrary, other than in deminimis amounts consistent with operating a medical and surgical facility,Lessee covenants not to introduce any Hazardous Materials onto the Premises without (i) first obtaining Lessor's written consent; and (ii) complying with all federal, state and local counterparts thereto (including Chapter 459 laws and ordinances regarding the transportation,use or disposal of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleumsuch materials, including crude oil but not limited to obtaining the proper permits. If Lessee's transportation, storage, use or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures disposal of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord results in writing (i) contamination of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereundersurface or ground water, (ii) loss or damage to person(s) or property, then the Lessee agrees to (i) notify the Lessor immediately of any contamination, claim of contamination, loss or damage; (ii) after consultation and approval by Lessor,to clean up the contamination in compliance with all applicable statutes, regulations and standards; and (iii) to indemnify, defend and hold harmless the Lessor from and against any claims, suits, causes of action, costs and fees, including attorney's fees, arising from or connected with any such contamination,claim of contamination, loss or damage caused by Lessee. Tenant Notwithstanding anything to the contrary contained in this Lease, Lessee's obligations shall neither create not apply to any condition or suffer matter: (i) which existed prior to existthe Effective Date; (ii)which was not caused by Lessee; or(iii) to the extent such violation is caused by, nor permit any Tenant Party to create or suffer to exist any lien, security interest results from the acts or neglects of Lessor or other charge third party or encumbrance emanates from other property. 10 31. ENTIRETY-EXECUTION-SUCCESSION. This Lease merges and supersedes all prior negotiations, representations, and agreements, and constitutes the entire contract between Lessor and Lessee concerning the leasing of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigationsthe consideration therefor. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any This Lease and all steps necessary to rectify the same options herein shall bind and inure to the satisfaction benefit of the applicable agencies heirs, administrators, executors, successors and Landlordassigns of Lessor-and Lessee_ If more than one person or entity executes this instrument as Lessor, his, her, their, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement its duties and liabilities under this Lease shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; joint and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beseveral. 32.
Appears in 1 contract
Samples: Attornment Agreement
Hazardous Materials. Tenant WWSC shall not cause nor permituse or store any Hazardous Materials in, on, or about the Premises except in compliance with all applicable federal, state, and local laws, statutes, ordinances, and governmental regulations, and the highest standards prevailing in the industry for storage and use of any such Hazardous Materials, nor allow any Hazardous Materials to be brought in the Premises, except to use in the ordinary course of TenantWWSC’s operation of the Pool. WWSC or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees its agents or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to contractors shall not cause or permitpermit the escape, release, or disposal of any Hazardous Materials (in the Premises – including, but not limited to, discharges of stored chemicals to natural waterways such as defined herein) Warson Xxxxx Creek or to be brought uponstorm sewers or other natural pathways discharging to adjacent waterways. The WWSC shall store such chemicals and other hazardous materials in a manner legally compliant with all applicable city, storedcounty, manufacturedstate, generatedand federal regulations. If any governmental agency requires any testing of the Premises to ascertain whether any Hazardous Materials have been released in, blended, handled, recycled, treated, disposed or used on, under or about the Premises, WWSC shall reimburse City, as Additional Rent, for the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments cost of any governmental authority or agency regulating or relating to healthsuch inspection if the inspection, safetytogether with any other evidence obtained by City, or environmental conditions on, under, or about shows that the presence of such Hazardous Materials in the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises was caused by TenantWWSC, its agents, employees, contractors or invitees. WWSC shall indemnify, defend, and the wasteshold harmless City from any liability, by-productscost, or residues generatedexpense, resultingincluding reasonable attorneys' fees, arising from the use, storage, release or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence disposal of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, under or about the Premises by WWSC, its agents, employees, contractors, or invitees. For the improvements or purposes of this Lease, the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase term “environmental conditionHazardous Material” shall mean any substance or material which has been designated hazardous or toxic by any federal, state, county, municipal, or other governmental agency or determined by such agency to be capable of endangering or posing a risk of injury to, or adverse condition relating to any Hazardous Materials effect on, the health or safety of persons, the environment, or property, including surface waterwithout limitation those substances or materials described in the Comprehensive Environmental Response, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air Compensation and includes air, land and water pollutants, noise, vibration, light and odors. In the event Liability Act of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit1980, as the case may beamended, 42 U.S.C. Section 9601, et seq.
Appears in 1 contract
Samples: Lease Agreement
Hazardous Materials. Tenant shall not cause nor permituse any portion of the Premises for the use, nor allow any generation, treatment, storage or disposal of Tenant’s "oil", "hazardous material", Hazardous wastes", or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants "hazardous substances" (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permitthe "Materials"), any Hazardous Materials (as such terms are defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; , 42 U.S.C. ss.9601 et seq., as amended, the Resource Conservation Conversation and Recovery Act; Act of 1976, 42 U.S.C. ss.6901 et seq., as amended, and the regulations promulgated thereunder, and all applicable state and local counterparts thereto laws, rules and regulations (including Chapter 459 now or hereafter in effect), including, without limitation, Massachusetts General Laws, Chapters 21C and 21E (the "Superfund and Hazardous Waste Laws"), without the express written prior consent of Landlord and, if required, its mortgagees, and then only to the extent that the presence of the NRS), Materials is (i) property licensed and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means approved by all appropriate governmental officials and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply accordance with all Environmental Laws applicable laws and promptly notify regulations and (ii) in compliance with any terms and conditions stated in said prior written approvals by the Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunderits mortgagees. Tenant shall neither create or suffer to existpromptly provide Landlord with copies of all notices received by it, nor permit any Tenant Party to create or suffer to exist any lienincluding, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) notice of the Superfund Amendments and Reauthorization Act violations notice of 1986 (42 U.S.C. Section 9607(1)) responsibility or demand for action from any similar federal, state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate or local authority or official in connection with the presence of any environmental condition caused Materials in or exacerbated by Tenant about the Premises, Building or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsLot. In the event of any such environmental conditionpresence or release of Materials upon the Premises, Building or Lot, or upon adjacent lands, caused by Tenant or its agents or representatives or those claiming under Tenant, as defined in the Superfund and Hazardous Waste Laws, Tenant shall promptly notify both remedy the property manager problem in accordance with all applicable laws and requirements and shall indemnify, defend and hold Landlord harmless from and against all loss, costs, liability and damage, including attorneys' fees and the Landlord cost of litigation arising from the presence or release of such Materials. Nothing herein shall be deemed to prohibit the lawful use of customary cleaning materials and shall promptly take any and all steps necessary to rectify office supplies, provided the same to the satisfaction of the applicable agencies are stored and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord used in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bea lawful manner.
Appears in 1 contract
Samples: MCK Communications Inc
Hazardous Materials. Tenant Trustor shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinin Section 6.9.1 of the Development Agreement) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed stored or used onin, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Land by TenantTrustor, its agents, employees, contractors or inviteesinvitees except for incidental supplies ordinarily used in the construction and operation of the Project in compliance with all applicable laws, and shall not cause any release of Hazardous Materials into, onto, under or through the wastesLand. If any Hazardous Material is discharged, by-productsreleased, dumped, or residues generatedspilled in, resultingon, under, or produced therefrom. Tenant about the Land and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord results in writing any contamination of the violation Land or adjacent property, or otherwise results in the release or discharge of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, under or about from the Premises or the improvements or the soil or groundwater thereunderLand, Trustor shall promptly take all actions at its sole expense as are necessary to comply with all Environmental Laws (as defined below). Tenant Trustor shall neither create or suffer indemnify, defend (with counsel reasonably acceptable to existBeneficiary), nor permit and hold Beneficiary and its elected and appointed officials, officers, agents and employees (collectively, “Indemnitees”) harmless from and against any Tenant Party to create or suffer to exist any lienand all loss, security interest claim, liability, damage, demand, judgment, order, penalty, fine, injunctive or other charge relief, cost, expense (including reasonable fees and expenses of attorneys, expert witnesses, and other professionals advising or encumbrance assisting Beneficiary), action, or cause of any kind action (all of the foregoing, hereafter individually “Claim” and collectively “Claims”) arising in connection with respect to the breach of Trustor’s covenants and obligations set forth in this Section 7.9or otherwise arising in connection with the presence or release of Hazardous Materials in, on, under, or from the Property. The foregoing indemnity includes, including without limitation, all costs of investigation, assessment, containment, removal, remediation of any lien imposed pursuant kind, and disposal of Hazardous Materials, all costs of determining whether the Land is in compliance with Environmental Laws, all costs associated with bringing the Land into compliance with all applicable Environmental Laws, and all costs associated with claims for damages or injury to Section 107(f) persons, property, or natural resources. Without limiting the generality of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct testsforegoing, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or Trustor shall, at LandlordTrustor’s electionown cost and expense, reimburse Landlord, upon demand, for the cost to Landlord do all of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.thefollowing:
Appears in 1 contract
Samples: Operating Covenant and Agreement
Hazardous Materials. Tenant Subtenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under released from or about the Premisessubleased premises, including, without limitation, releases into the Buildinggroundwater, soils, or air underlying, adjacent to or in the Common Area, Property or vicinity of the Project. Subtenant shall provide Sublandlord with at least five (5) days prior written notice before bringing, except for routine office and janitorial supplies in usual and customary quantities storedusing or storing any Hazardous Materials on the subleased premises. Subtenant, used and disposed of in accordance at its sole expense shall comply with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutesgovernmental rules, regulations, codes, ordinances, rulesstatutes, codesdirectives and other requirements (collectively, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “"Laws") respecting Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined materials in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” connection with Sublessee's activities and the “owner” activities of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors and invitees on or inviteesabout the subleased premises. Subtenant at its sole cost, shall perform all investigations, clean-up and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing other response actions which may be required of the violation of Subtenant by any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, governmental authority in, on, under or about the Premises Project in connection with Subtenant's use of the subleased premises and the activities of Subtenant, and Subtenant's agents, employees, contractors and invitees on or about the improvements subleased premises. Sublandlord shall indemnify, protect, defend and hold harmless Subtenant from and against all costs (including, but not limited to, environmental response costs), expenses, claims, judgements, losses, demands, liabilities, causes of action, governmental directives, proceedings or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Propertyhearings, including without limitationSubtenant's attorneys and experts fees and costs, any lien imposed pursuant relating to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to in connection with any Hazardous Materials present on or about the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary premises prior to rectify the same to the satisfaction Subtenant's occupation of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may besubleased premises.
Appears in 1 contract
Samples: Sub Sublease (Juniper Networks Inc)
Hazardous Materials. Tenant shall not cause nor permitDuring the term of this Lease, nor allow Lessee shall: (i) keep the Demised Premises free of any contamination of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials resulting of any act or omission of Lessee; and (ii) comply with all Environmental Laws in its use and occupancy of the Demise Premises; provided, however, that Lessee shall be permitted to maintain and use on the Demised Premises such Hazardous Materials that are customarily maintained and used by businesses similar to Lessee as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office long as such Hazardous Materials are maintained in appropriate quantities and janitorial supplies in usual properly stored and customary quantities stored, used and disposed of otherwise in accordance with all applicable Environmental Lawslaws. Tenant shall Lessee expressly agrees that it will reimburse, defend, indemnify and hold harmless Lessor from any and all liabilities, claims, damages, penalties, expenditures, losses or charges, including, but not installlimited to, operate all costs of investigation, monitoring, attorney’s fees, remedial response, removal, restoration or maintain permit acquisition, which may, now or in the future, be undertaken, suffered, paid, awarded, assessed or otherwise incurred as a result of: (a) any contamination by Hazardous Materials existing on, above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on under the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, Demised Premises during the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders of this Lease that results from the acts or other similar enactments omissions of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by TenantLessee, its agents, employees, contractors or inviteesbusiness invitees (including, but not limited to, contaminated soil, buildings and/or facilities); and (b) any investigation, monitoring, cleanup, removal, restoration, remedial response or remedial work with respect to Hazardous Materials for which Lessee would be liable under the terms of this Section 13(d) and reasonably undertaken by or on behalf of Lessor after Lessor has provided Lessee written notice of the need for such investigation, monitoring, cleanup, removal, restoration, remedial response or remedial work, and Lessee has failed to take the wastes, by-products, or residues generated, resulting, or produced therefromappropriate action within a reasonable time. Tenant and Tenant’s Parties Lessee shall comply with all Environmental Laws and promptly immediately notify Landlord in writing Lessor of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or environmental pollution on the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beDemised Premises.
Appears in 1 contract
Samples: Lease Agreement
Hazardous Materials. Tenant shall not cause nor permitpermit the generation, nor allow any storage, transportation, use, emission, disposal release, threat of Tenant’s release or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, other escape of any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about from the Premises, the Building, the Common Area, Property Leased Premises or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsProperty. Tenant shall not installuse, operate generate, store, transport, release, emit or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments dispose of any governmental authority or agency regulating or relating to health, safety, or environmental conditions Hazardous Materials on, under, under or about from the Leased Premises or the environmentProperty, including or dump, flush or in any way introduce Hazardous Materials into sewage or other waste disposal systems serving the Property (nor shall Tenant permit or suffer any of the foregoing). Without limiting any other provision of this Lease, Tenant will indemnify, defend and hold Landlord harmless from and against all claims, loss, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements, diminution in the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 value of the NRS)Leased Premises or the Property, and costs incurred in connection with any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil investigation of site conditions or any fraction thereofclean-up or remedial work required by any federal, natural gas liquids, liquefied natural gas, state or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gaslocal governmental agency) and explosives, flammables, or radioactive substances incurred as a result of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” breach of Tenant’s “facility” and 's covenants in the “owner” first paragraph of all Hazardous Materials brought on the Premises this Section by Tenant or Tenant's contractors, its licensees, invitees, agents, servants or employees. Without limiting the foregoing, contractors or invitees, and if the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, on or under or about the Leased Premises or the improvements Property caused or permitted by Tenant results in any contamination of the Leased Premises or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps actions at its sole expense as are necessary to rectify return the same Leased Premises or the Property to the satisfaction condition existing prior to the introduction of any such Hazardous Material by Tenant, provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises or the Property. Landlord will indemnify, defend and hold harmless Tenant from and against all claims, loss, cost and expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by Tenant as a result of Hazardous Materials existing in, on or under the Property as of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord date of performing workthis Lease. The reimbursement shall be paid to obligations of Tenant and Landlord in advance this Section shall survive the expiration or earlier termination of Landlord’s performing such workthis Lease and any transfer of title to the Leased Premises, based upon Landlord’s reasonable estimate whether by sale, foreclosure, deed in lieu of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor foreclosure or Landlord shall promptly refund to Tenant any excess deposit, as the case may beotherwise.
Appears in 1 contract
Samples: Office Lease (Carematrix Corp)
Hazardous Materials. Tenant Except as set forth in SCHEDULE II hereof, and qualified in each instance whereby a breach of this representation set forth in this Section 5.13 would materially and adversely affect the business, operations, assets or financial condition of the Borrower, the Borrower is in compliance in all material respects with all Environmental Laws governing Hazardous Materials and the Borrower has not used Hazardous Materials on, from, or affecting any property now owned or occupied or hereafter owned or occupied by the Borrower in any manner which violates Federal, state or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials, and that, to the best of the Borrower's knowledge, no prior owner of any such property or any tenant, subtenant, prior tenant or prior subtenant have used Hazardous Materials on, from, or affecting such property in any manner which violates Federal, state or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials; without limiting the foregoing, the Borrower shall not cause nor permitor permit any property owned or occupied by it to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable Federal, state and local laws or regulations, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to shall the Borrower cause or permit, as a result of any intentional or unintentional act or omission on its part or any tenant or subtenant, a release of Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed onto any property owned or used on, under occupied by the Borrower or about onto any other property; the Premises, the Building, the Common Area, Property or the Project, except for routine office Borrower shall comply with and janitorial supplies in usual ensure compliance by all tenants and customary quantities stored, used and disposed of in accordance subtenants with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present whenever and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS)by whomever triggered, and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means shall obtain and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordapprovals, registrations or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bepermits required thereunder.
Appears in 1 contract
Samples: Security Agreement (Hardinge Inc)
Hazardous Materials. Tenant A. HAZARDOUS MATERIALS GENERALLY PROHIBITED. Subtenant shall not cause nor permittransport, nor allow use, store, maintain, generate, process, treat, manufacture, handle, dispose, manage, release, discharge, spill or leak any of Tenant’s "Hazardous Material" (as defined below), or Tenant’s affiliates’ permit Subtenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) other occupants of the Premises to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under engage in such activities on or about the PremisesProperty. However, the Buildingforegoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Common AreaPremises of substances customarily and lawfully used in the business which Subtenant is permitted to conduct in the Premises under this Sublease, Property or the Projectbut only as an incidental and minor part of such business, except for routine office and janitorial supplies in usual and customary quantities storedprovided: (i) such substances shall be properly labeled, contained, used and disposed stored only in small quantities reasonably necessary for such permitted use of the Premises and the ordinary course of Subtenant's business therein, strictly in accordance with all applicable Environmental Laws. Tenant , highest prevailing standards, and the manufacturers' instructions therefor, and as Landlord shall reasonably require, (ii) Subtenant shall provide Landlord with ten (10) days advance notice and current Material Safety Data Sheets ("MSDSs") therefor, and Landlord reserves the right to prohibit or limit such substances in each such instance, (iii) such substances shall not installbe disposed of, operate released, discharged or maintain any above permitted to spill or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld leak in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation Property (and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and no circumstances shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under Material be disposed of within the drains or about plumbing facilities in or serving the Premises or Property or in any other public or private drain or sewer, regardless of quantity or concentration), (iv) if any applicable Law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Subtenant shall make arrangements at Subtenant's expense for such disposal in approved containers directly with a qualified and licensed disposal company at a lawful disposal site, (v) any remaining such substances shall be completely, properly and lawfully removed from the improvements Property upon expiration or the soil or groundwater thereunder. Tenant shall neither create or suffer to existearlier termination of this Sublease, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance and (vi) for purposes of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments removal and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event disposal of any such environmental conditionsubstances, Tenant Subtenant shall promptly notify both be named as the property manager owner, operator and the Landlord generator, shall obtain a waste generator identification number, and shall promptly take execute all permit applications, manifests, waste characterization documents and any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beother required forms.
Appears in 1 contract
Samples: Office Sublease (Baker Michael Corp)
Hazardous Materials. A. Tenant shall not cause nor permitcomply with all Environmental Laws (as hereinafter defined) pertaining to Tenant's occupancy and use of the Premises and concerning the proper storage, nor allow any handling and disposal of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials Material (as defined hereinhereinafter defined) introduced to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property Building or the ProjectProperty by Tenant or other occupants of the Premises, except for routine office and janitorial supplies in usual and customary quantities storedor their employees, used and disposed of in accordance servants, agents, contractors, customers or invitees. Landlord shall comply with all Environmental Laws applicable Environmental Lawsto the Property other than those to be complied with by Tenant pursuant to the preceding sentence. Tenant shall not installgenerate, operate store, handle or maintain dispose of any above Hazardous Material in, on, or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on about the Property without Landlord’s the prior written consent of Landlord, which may be withheld in Landlord’s 's sole discretion, except that such consent shall not be required to the extent of Hazardous Material packaged and contained in office products for consumer use in general business offices in quantities for ordinary day-to-day use provided such use does not give rise to, or pose a risk of, exposure to or release of Hazardous Material. As used herein, In the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments event that Tenant is notified of any governmental authority investigation or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law arising from Tenant's activities at the Premises, Tenant shall immediately deliver to Landlord a copy of such notice. In such event or in the event Landlord reasonably believes that a violation of Environmental Law exists, Landlord may conduct such tests and studies relating to compliance by Tenant with Environmental Law or the alleged presence of Hazardous Material upon the Premises as Landlord deems desirable, all of which shall be completed at Tenant's expense, if it is determined that Tenant has breached its obligations under this Section. Landlord's inspection and testing rights are for Landlord's own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Environmental Laws, as a result of the exercise, or non- exercise of such rights. Tenant hereby indemnifies, and agrees to defend, protect and hold harmless, the Indemnitees from any and all loss, claim, demand, action, expense, liability and cost (including attorneys' fees and expenses) arising out of or in any way related to the presence of any Hazardous Materials, Material introduced to the Premises during the Lease Term by any party other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunderLandlord. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance In case of any kind with respect action or proceeding brought against the Indemnitees by reason of any such claim, upon notice from Landlord, Tenant covenants to the Propertydefend such action or proceeding by counsel chosen by Landlord, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statutein Landlord's reasonable discretion. Landlord shall have reserves the right to enter upon and inspect the Premises and to conduct testssettle, monitoring and investigations. If such tests indicate the presence compromise or dispose of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same actions, claims and demands related to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beforegoing indemnity.
Appears in 1 contract
Samples: Lease (Loudcloud Inc)
Hazardous Materials. (a) Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to may cause or permit, any permit "Hazardous Materials Materials" (as defined hereinin Section 20.5(d) below) to be brought uponbrought, stored, manufactured, generated, blended, handled, recycled, treated, disposed kept or used on, under in or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors contractors, or invitees, provided that Tenant complies with all Laws with respect thereto and provided that Tenant shall be solely responsible for any increase in the wastescost of any insurance maintained pursuant to Article 6, by-productsas well as of any increase in any other cost with respect to the operation of the Building, which is caused thereby. Tenant shall not be responsible for the presence of Hazardous Material in or about the Premises which result from the underground migration of Hazardous Materials to the Premises after the Commencement Date from other sites, which is not caused by Tenant, or residues generatedits agents, resultingcontractors, invitees or employees. Tenant hereby indemnifies Landlord, agrees to defend Landlord and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or produced therefrom. Tenant losses including, without limitation, sums paid in settlement of claims, attorneys' fees and costs, consultant fees, and expert fees) which arise as a result of Hazardous Materials being be brought, kept or used in or about the Premises by Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing , its agents, employees, contractors, or invitees, and/or as a result of the violation underground migration of Hazardous Materials to the Premises after the Commencement Date from other sites, which is caused by Tenant, or its agents, contractors, invitees or employees. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any Environmental Law investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises, which Hazardous Material was caused or permitted to be brought, kept or used in or about the Premises by Tenant, its agents, employees, contractors, or invitees. Without limiting the foregoing, if the presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about Material on the Premises caused or the improvements or the soil or groundwater thereunder. permitted by Tenant shall neither create or suffer to exist, nor permit results in any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) contamination of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental conditionPremises, Tenant shall promptly notify both take all actions at its sole expense as are necessary to return the property manager Premises to the condition existing prior to the introduction of any such Hazardous Material and the Landlord and shall promptly take any and all steps necessary contractors to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, be used by Tenant for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work must be approved by Landlord, Tenant which approval shall pay to Landlord not be unreasonably withheld so long as such actions would not potentially have any shortfall promptly after receipt of Landlord’s bills therefor material adverse long-term or Landlord shall promptly refund to Tenant any excess deposit, as short-term effect on the case may bePremises.
Appears in 1 contract
Hazardous Materials. Tenant shall not cause nor permitpermit the emission, nor allow any release, threat of Tenant’s release or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, other escape of any Hazardous Materials (so as defined herein) to be brought uponadversely affect in any manner, storedeven temporarily, manufactured, generated, blended, handled, recycled, treated, disposed any element or used on, under or about part of the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsLeased Property. Tenant shall not installuse, operate generate, store or maintain dispose of Hazardous Materials in or about the Leased Property, or dump, flush or in any above or below grade tank, sump, pit, pond, lagoon way introduce Hazardous Materials into sewage or other storage waste disposal systems serving the Leased Property (nor shall Tenant permit or treatment vessel or device on suffer any of the Property without Landlord’s prior written consent which may be withheld foregoing), in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means any manner not in full compliance with all applicable present federal, state and future local statutes, regulationslaws, codes, ordinances, rulesby-laws, codesrules and regulations for the use, judgmentsgeneration, orders or other similar enactments storage and disposal of any governmental authority or agency regulating or relating to healthHazardous Materials. Tenant will indemnify, safetydefend and hold Landlord harmless from and against all claims, or environmental conditions onloss, undercosts and expenses (including, or about the Premises or the environment, including without limitation, reasonable attorneys' fees and disbursements, diminution in the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 value of the NRS)Leased Property, and costs incurred in connection with any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil investigation of site conditions or any fraction thereofclean-up or remedial work required by any federal, natural gas liquids, liquefied natural gas, state or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gaslocal governmental agency) and explosives, flammables, or radioactive substances incurred as a result of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” breach of Tenant’s “facility” and 's covenants in the “owner” first paragraph of all Hazardous Materials brought on the Premises this Section by Tenant or Tenant's contractors, its licensees, invitees, agents, servants or employees. Without limiting the foregoing, contractors or invitees, and if the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials in, on, on or under the Leased Property caused or about permitted by Tenant results in any contamination of the Premises Leased Property or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps actions at its sole expense as are necessary to rectify return the same Leased Property to the satisfaction condition existing prior to the introduction of any such Hazardous Material by Tenant, provided that Landlord's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Property. Landlord will indemnify, defend and hold harmless Tenant from and against all claims, loss, cost and expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by Tenant as a result of Hazardous Materials existing in, on or under the Leased Property as of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereofCommencement Date; and upon completion of such work by Landlordhowever, Tenant shall pay have the burden of proof to establish that such Hazardous Material was present on or under the Leased Property as of the Commencement Date. The obligations of Tenant and Landlord in this Section shall survive the expiration or earlier termination of this Lease and any shortfall promptly after receipt transfer of Landlord’s bills therefor title to the Leased Property, whether by sale, foreclosure, deed in lien of foreclosure or Landlord shall promptly refund to Tenant any excess deposit, as the case may beotherwise.
Appears in 1 contract
Samples: Lease (Phoenix Md Realty LLC)
Hazardous Materials. Tenant shall not cause nor permitrepresents and warrants that Tenant and all of its agents, nor allow any of Tenant’s or Tenant’s affiliates’ servants, employees, agents, customers, visitors, invitees, licenseeslicensees or any other persons on or adjacent to the Building for the purpose of engaging in business or providing services for the Tenant, contractors, assignees shall not (either with or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”without negligence) to cause or permitpermit the escape, disposal or release of any Hazardous Materials (as defined herein) to be brought uponbiologically or chemically active or other hazardous substances, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawsmaterial. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other allow the storage or treatment vessel use of such substances or device on materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building or onto the Property without Landlord’s prior any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written consent which may be withheld in Landlord’s sole discretionnotice is given to Landlord of the identify of such substances or materials. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without Without limitation, the following: hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (1980, as amended, 42 U.S.C. Section 9607(1)) 9601 et seq., any applicable state or any similar state statute. Landlord shall have local laws and the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigationsregulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if such tests indicate requirement applies to the Premises. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of any environmental condition caused hazardous substances or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for materials on the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsPremises. In the event of that Tenant receives any such environmental conditionnotice form any governmental authority with regard to biologically or chemically active or other hazardous material, or substances on, from or affecting the Building, Tenant shall promptly notify both the property manager and the Landlord. TENANT HEREBY INDEMNIFIES AND HOLDS INDEMNITEES HARMLESS FROM ALL LIABILITY, ACTIONS, PENALTIES, LIENS AND/OR CLAIMS ARISING FROM, CAUSED BY, IN WHOLE OR IN PART, BY THE ESCAPE, DISPOSAL, RELEASE, IMPROPER USE, STORAGE, INSTALLATION OR OTHER ACTION INVOLVING ANY BIOLOGICALLY OR CHEMICALLY ACTIVE OR HAZARDOUS MATERIALS OR SUBSTANCES BY THE TENANT, ITS EMPLOYEES, AGENTS, SERVANTS, CUSTOMERS, INVITEES OR LICENSEES. THIS INDEMNITY SHALL BE ENFORCEABLE TO THE FULL EXTENT WHETHER OR NOT SUCH LIABILITY AND CLAIMS ARE THE RESULT OF THE SALE, JOINT OR CONCURRENT SETS, NEGLIGENT OR INTENTIONAL, OR OTHERWISE, OF TENANT, OR ITS EMPLOYEES, AGENTS, SERVANTS, CUSTOMERS, INVITEES OR LICENSEES. Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shallbe responsible, at its cost, and not as an Operating Expense, to keep the Building free of all Hazardous Materials, the presence of which was caused by Landlord’s election's willful misconduct or gross negligence, reimburse and indemnifies Tenant from all loss, liability, damage and expense arisen from the presence of Hazardous Materials, the presence of which was caused by Landlord, upon demand, for the cost to Landlord of performing work's willful misconduct or gross negligence. The reimbursement Hazardous Materials shall be paid deemed not to Landlord include materials customarily used by office building tenants, contractors and vendors in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bequantities that do not violate Environmental Laws.
Appears in 1 contract
Hazardous Materials. Lessee shall not store on the premises or utilize in its operation any materials, compounds or liquids that are highly flammable or hazardous to the health of humans in ordinary use. No oils, lubricating fluids, cleaning compounds or other petrochemical-based substances shall be deposited or disposed of in the septic system serving the premises or any sewer system to which it may be connected hereafter. All such materials shall be removed from the Premises once no longer used by Lessee in complicance with all statutes, regulations and ordinances of the federal, state and local government. HOLD HARMLESS: Tenant shall not cause nor permitindemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, nor allow any of Tenant’s work or Tenant’s affiliates’ employeesother things done, agents, customers, visitors, invitees, licensees, contractors, assignees permitted or subtenants (individually, a “suffered by the Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the Buildingperformance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Common AreaTenant, Property or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the Project, except for routine office defense of any such claim or any action or proceeding brought thereon and janitorial supplies in usual and customary quantities stored, used and disposed case any action or proceeding be brought against Landlord by reason of in accordance with all applicable Environmental Laws. such claim; provided however Tenant shall not installindemnify and hold harmless landlord from any and all claims arising from landlord's negligence. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonable satisfactory to Landlord. Tenant, operate as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or maintain any above or below grade tankinjury to persons in, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, underupon, or about the Premises or the environmentPremises, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Actfrom any cause other than Landlord's negligence; and Tenant hereby waives all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined claims in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunderrespect thereof against Landlord. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid give prompt notice to Landlord in advance case of Landlord’s performing such workcasualty or accidents in the Premises. Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, based upon Landlord’s reasonable estimate explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the cost thereof; and upon completion building or from the pipes, appliances or plumbing works therein or from the roof, street subsurface or from any place resulting from dampness or any other cause whatsoever, except that of such work by Landlordlandlords negligence Landlord or its agents shall not be liable for interference with the light, Tenant shall pay to Landlord air, or for any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as defect in the case may bePremises.
Appears in 1 contract
Samples: Collectible Concepts Group Inc
Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, disposed which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s or used Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessor shall update such list as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessor shall also provide Lessee with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable legal requirements. If Lessee’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statutethis Lease. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.DRAFT
Appears in 1 contract
Samples: Deed of Lease Agreement
Hazardous Materials. Tenant shall not cause nor permitor permit the storage, nor allow any of Tenant’s use, generation, release, handling or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants disposal (individually, a “Tenant Party” and collectively, “Tenant’s Parties”"Handling") to cause or permit, of any Hazardous Materials (as defined herein) to be brought uponbelow), storedin, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environmentReal Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. After obtaining knowledge thereof, Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or about the Premises by Tenant or any Tenant Party. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitationlimitation asbestos containing materials, the following: PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (1976, 42 U.S.C. Section 9607(1)) 6901- 6987; or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to other Legal Requirement regulating, relating to, or imposing liability or standards of conduct testsconcerning any such materials or substances now or at any time hereafter in effect (collectively, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any "Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beLaws").
Appears in 1 contract
Samples: Office Lease (Critical Path Inc)
Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, disposed which may be withheld for any reason whatsoever or used no reason and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s or Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessor shall update such list as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessor shall also provide Lessee with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable legal requirements. If Lessee’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Hazardous Materials. Tenant Landlord shall not cause nor permitindemnify, nor allow defend, protect, save, hold harmless, and reimburse Tenant, its partners, officers, directors and employees for, from and against any and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or incident to, the production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (defined below) on or about the Project by Landlord, its officers, employees, agents (in their capacity as defined hereinagents) and/or independent contractors (in their capacity and independent contractors), including, without limitation, the effects of handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Tenant's negligence or the handling by Tenant during Tenant's occupancy of the Premises of any Permitted Materials (as hereinafter defined) and/or Hazardous Materials on or about the Project at levels which pose a risk to be brought uponpersons located on or about the Project, storedand which prompt the initiation of a removal, manufacturedresponse, generatedremedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. Tenant shall not use, blendedgenerate, handledmanufacture, recycledstore or dispose of, treated, disposed or used on, under on or about the Premises, or transport to or from the BuildingPremises, any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in the Common Areadefinition of "hazardous substances" under any applicable federal, Property state or the Projectlocal law, except for routine office and janitorial supplies in usual and customary quantities storedregulation or ordinance (collectively, used and disposed of in accordance with all applicable Environmental Laws"Hazardous Materials"). Tenant shall not installindemnify, operate defend, protect, save, hold harmless, and reimburse Landlord, its partners, officers, directors and employees for, from and against any and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or maintain any above or below grade tankincident to, sumpthe production, pituse, pondgeneration, lagoon storage, treatment, disposal, discharge, release or other storage handling or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments disposition of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, Hazardous Materials on or about the Premises or the environmentProject by Tenant, including its officers, employees, agents and/or independent contractors, including, without limitation, the following: effects of such handling of any Hazardous Materials on any person or property within or outside the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 boundaries of the NRSProject; but excluding from the foregoing indemnity, Landlord's negligence or the handling by Landlord of any Permitted Materials and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. In addition, in the event an action, lawsuit or proceeding is brought against Tenant as a result of the improper use, generation, manufacturing, storage or disposal of Hazardous Materials affecting only the Premises (as opposed to the Project as a whole) as a result of the acts or omissions of a prior Tenant in the Premises (a "Premises Hazardous Materials Event"), and any regulations further provided that Tenant has in no way caused or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed contributed to be the “operator” of Tenant’s “facility” and the “owner” of all Premises Hazardous Materials brought on the Premises by TenantEvent, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify then Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election's sole cost and expense, reimburse retain counsel chosen by Landlord and defend Tenant in any such lawsuit, action or proceeding. In such event, Landlord, upon demand, for the cost 's responsibility to Landlord of performing work. The reimbursement Tenant shall be paid limited to Landlord the costs of defending Tenant in advance of Landlord’s performing any such worklawsuit, based upon Landlord’s reasonable estimate of the cost thereof; action or proceeding, and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to not be responsible for any other costs, losses, liabilities, damages, assessments, deficiencies, demands, claims and expenses incurred by or against Tenant or resulting from any excess depositsuch Premises Hazardous Materials Event (including, as the case may bebut not limited to, any fines or penalties assessed against Tenant in connection with such Premises Hazardous Materials Event).
Appears in 1 contract
Hazardous Materials. Tenant a. Neither Lessee nor any Carrier shall not cause nor permitor permit any hazardous or toxic wastes, nor allow any of Tenant’s substances or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants materials (individually, a “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from, treatedthe Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, disposed which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Xxxxxx and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee’s or used Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Xxxxxx’s Hazardous Materials Activities. For the Buildingpurposes of this Lease, the Common AreaHazardous Materials shall include but not be limited to oil, Property radioactive materials, PCBs, and substances defined as “hazardous substances” or the Project, except for routine office and janitorial supplies “toxic substances” in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource and Resources Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), 42 U.S.C. Sec. 6901 et seq., and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or those substances defined as “hazardous or toxicwastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, under any Environmental LawsLessee shall, asbestos prior to the Commencement Date, submit to Lessor for Lessor’s review and petroleumapproval, a list of Hazardous Materials Activities, including crude oil or types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any fraction thereofother Hazardous Materials Activities, natural gas liquids, liquefied natural gas, or synthetic gas usable Lessor shall update such list as necessary for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances continued accuracy. Lessor shall also provide Lessee with a copy of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises inventory statement required by Tenant, its agents, employees, contractors any applicable legal requirements. If Xxxxxx’s activities violate or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing create a risk of the violation of any Environmental Law legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) expiration of the Superfund Amendments and Reauthorization Act term of 1986 (42 U.S.C. Section 9607(1)) or any similar state statutethis Lease. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may be.DRAFT
Appears in 1 contract
Samples: Deed of Lease Agreement
Hazardous Materials. Tenant shall not cause nor permituse, nor allow handle, store or dispose of any of Tenant’s oil, hazardous or Tenant’s affiliates’ employeestoxic substances, agentsmaterials or wastes (collectively "Hazardous Materials") in, customersunder, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premises, the Building, the Common Area, Property or the Project, except for routine office such storage and janitorial supplies use consented to by Landlord in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written advance which consent which may be withheld in Landlord’s 's sole and absolute discretion. As used hereinAny Hazardous Materials in the Premises, the term “Environmental Laws” means and all containers therefor, shall be used, kept, stored and disposed of in conformity with all applicable present and future statutes, regulationslaws, ordinances, codes, rules, codesregulations and orders of governmental authorities. If the transportation, judgmentsstorage, orders use or other similar enactments disposal of Hazardous Materials anywhere on the Property in connection with Tenant's use of the Premises results in (1) contamination of the soil or surface or ground water or (2) loss or damage to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any governmental authority contamination, claim of contamination, loss or agency regulating or relating damage, (ii) after consultation with and approval by Landlord, to healthclean up all contamination in full compliance with all applicable statutes, safetyregulations and standards, or environmental conditions onand (iii) to indemnify, underdefend and hold Landlord harmless from and against any claims, or about the Premises or the environmentsuits, including causes of action, costs and fees, including, without limitation, attorneys' fees, arising from or connected with any such contamination, claim of contamination, loss or damage. This provision shall survive the following: termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the Comprehensive Environmental Responsemeans, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutantmethods, or contaminant listed or defined as hazardous or toxicmanner of removal, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest containment or other charge or encumbrance of any kind compliance with applicable law for and with respect to the Propertyforegoing. The terms of this Section 5.7 shall apply to any transportation, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord's consent therefor but nothing in this Lease shall limit or otherwise modify the requirement of obtaining Landlord's prior consent as set forth in the first sentence of this Section 5.7. Landlord represents, warrants and covenants that it has no actual knowledge of the presence at the Building or Lot (including without limitation, any lien imposed pursuant to Section 107(fthe Premises) of any Hazardous Materials (except as set forth in the Superfund Amendments and Reauthorization Act environmental site report entitled: Whole Site Response Action Outcome Statement Report, dated May 15, 1996 (2 Volumes) a copy of 1986 which has been provided to Tenant (42 U.S.C. Section 9607(1the "Report") (including, but not limited to, asbestos, asbestos containing materials, fuel oil, gasoline, or tanks for storage of fuel oil or gasoline)) or any similar state statute. Landlord shall be deemed only to have "actual knowledge" of only such Hazardous Materials at the right Building or Lot of which Xxxxxxx Xxxxxxx is actually aware as of the date hereof and which Hazardous Materials are not referred to enter upon in the Report (the foregoing, however, shall not be deemed to construe any personal liability whatsoever on Xxxxxx X. Xxxxxxx and/or Xxxxxxx Xxxxxxx). Landlord agrees that it will not, generate, store, use, dispose of or release any such substances in or onto the Building or Lot (including the Premises) during the Lease Term in violation of applicable environmental laws. Landlord agrees to remediate the contamination disclosed in the Report prior to the Term Commencement Date in accordance with applicable environmental laws. Except for only the representations, warranties and inspect the Premises and to conduct testscovenants set forth in Section 5.7 hereinabove, monitoring and investigations. If such tests indicate Landlord makes no representation, warranty or covenant whatsoever concerning the presence or absence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials at, in, on or under the environmentBuilding, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsPremises and/or Lot. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same Prior to the satisfaction parties execution of this Lease, Landlord has furnished Tenant, and Tenant hereby acknowledges that it has received and read the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beReport.
Appears in 1 contract
Samples: Lease (CMG Information Services Inc)
Hazardous Materials. Tenant shall not cause Throughout the term, neither Lessee nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ its employees, agents, customers, visitors, invitees, licensees, contractorsor contractors shall cause, assignees permit or subtenants allow, any substances, chemicals, materials or pollutants (individuallywhether solid, a “Tenant Party” liquid or gaseous and including, without limitation, any oil, gasoline, petroleum or petroleum by-products) deemed to be toxic or hazardous or the manufacture, storage, transpo1i or disposal of which is regulated, governed, restricted or prohibited by any federal, state or local agency or authority (collectively, “Tenant’s Parties”the "Hazardous Materials") under any federal, state or local law, ordinance, rule or regulation related to cause the environment or permithealth and safety matters, any Hazardous Materials as amended from time to time (as defined herein) the "Environmental 16573214V.12 Laws"), to be brought uponhandled, placed, stored, dumped, dispensed, released, discharged, deposited, manufactured, generated, blended, handled, recycled, treated, disposed processed, used, transported or used located on the Leased Premises without Lessor's prior written consent; provided, Lessee may handle, store or use minor quantities of Hazardous Materials which are directly related to the construction of the Parking Improvements, if Lessee engages in such permitted activity in a safe and lawful manner and in full compliance with any and all Environmental Laws, which compliance shall be at Lessee's sole expense. Upon the expiration or earlier termination of this Lease, Lessee, at Lessee's expense, shall remove all Hazardous Materials from the Leased Premises. Lessee shall give Lessor immediate written notice of any problem, spill, discharge, threatened discharge or discovery of any Hazardous Materials on or about the Leased Premises or claim thereof. If such problem, spill, discharge, threatened discharge or discovery was caused by Lessee, its employees, agents, contractors, invitees or licensees, this notice shall include a description of measures taken or proposed to be taken by Lessee to contain and/or remediate the release of Hazardous Materials and any resultant damage to or impact on property, persons and/or the environment (which term includes, without limitation, soil, surface water or groundwater) on, under or about the Leased Premises. Upon Lessor's approval and at Lessee's own expense, the BuildingLessee shall promptly take all steps necessary to clean up or remediate any release of Hazardous Materials, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance comply with all applicable Environmental Lawsenvironmental laws and otherwise report and/or coordinate with Lessor and all appropriate governmental agencies. Tenant shall not installLessee agrees to indemnify Lessor and hold Lessor harmless from and against any and all liens, operate or maintain any above or below grade tankdemands, sumpdefenses, pitsuits, pondproceedings, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used hereindisbursements, the term “Environmental Laws” means all applicable present and future statutesliabilities, regulationslosses, ordinanceslitigation, rules, codesdamages, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to healthobligations, safetypenalties, or environmental conditions oninjuries, undercosts, or about the Premises or the environmentexpense (including, including without limitation, the following: the Comprehensive Environmental Responseattorneys' and experts' fees) and claims of any and every kind of whatsoever paid, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS)incurred, and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutantsuffered by, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gasasserted against Lessor with respect to, or synthetic gas usable for fuel (as a direct or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing indirect result of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect Laws applicable to the PropertyLeased Premises, including without limitationto the extent that such loss, any lien imposed pursuant to Section 107(f) damage or violation is caused solely by the activities of Lessee at the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsLeased Premises. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take term "Liabilities" as used herein is hereby defined as any and all steps necessary to rectify liabilities, expenses, demands, damages, punitive or exemplary damages, consequential damages, costs, cleanup costs, response costs, losses, causes of action, claims for relief, attorneys' and other legal fees, other professional fees, penalties, fines, assessments and charges incurred by Lessor as a result of the same breach of Lessee's obligations under this Section 16. The obligations in this Section 16 shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the satisfaction of contrary contained herein, Lessee shall not be responsible for any Liabilities or compliance with any Environmental Laws resulting from any pre-existing Hazardous Materials placed on, over or under the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for Leased Premises prior to the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beCommencement Date.
Appears in 1 contract
Hazardous Materials. Tenant The term "Hazardous Materials" as used in this Lease shall not cause nor permitmean any product, nor allow any substance, chemical, material or waste whose presence, nature, quantity and/or intensity of Tenant’s existence, use, manufacture, disposal, transportation, spill, release or Tenant’s affiliates’ employeeseffect, agents, customers, visitors, invitees, licensees, contractors, assignees either by itself or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, any Hazardous Materials (as defined herein) in combination with other materials expected to be brought uponon the Demised Premises, storedis either: (i) potentially injurious to the public health, manufacturedsafety or welfare, generated, blended, handled, recycled, treated, disposed the environment or used on, under or about the Premises, the Building(ii) regulated or monitored by any governmental authority, the Common Areaor (iii) a basis for liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Materials shall include, Property but not limited to, hydrocarbons, petroleum, gasoline, crude oil or the Projectany products, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawsby-products or fractions thereof. Tenant shall not installengage in any activity in, operate on or maintain about the Demised Premiises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Materials without the express prior written consent of Landlord and compliance in a timely manner (at Tenant's sole cost and expense) with all applicable law. For purposes of this Lease, "Reportable Use" shall mean (i) the installation or use of any above or below grade tankground storage tank (ii) the generation, sumppossession, pitstorage, ponduse, lagoon transportation, or other storage disposal of Hazardous Materials that requires a permit from, or treatment vessel with respect to which a report, notice, registration or device on the Property without Landlord’s prior written consent which may business plan is required to be withheld in Landlord’s sole discretion. As used hereinfiled with, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to healthauthority. Reportable Use shall also include Tenant's being responsible for the presence in, safety, or environmental conditions on, under, on or about the Demised Premises of Hazardous Materials with respect to which any applicable law requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Lawsforegoing, Tenant is may, without Landlord's prior consent, but in compliance with all applicable law, use any ordinary and shall be deemed customary materials reasonably required to be used by Tenant in the “operator” normal course of Tenant’s “facility” and the “owner” of all Hazardous Materials brought 's business permitted on the Premises by Tenantso long as such use is not a Reportable Use and does not expose the Premises or neighboring properties to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may (but without any obligation to do so) condition its agents, employees, contractors or invitees, and consent to the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law use or presence of any Hazardous Materials, other than office activity or storage tank by Tenant upon Tenant's giving Landlord such additional assurances as Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Demised Premises and janitorial supplies as permitted abovethe environment against damage, incontamination or injury and/or liability therefrom or thereof, onincluding, under but not limited to, the installation (and removal on or about before Lease expiration or earlier termiation) of reasonably necessary protective modifications to the Premises or the improvements or the soil or groundwater thereunder(such as concrete encasements). Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect Landlord warrants that to the Property, including without limitation, any lien imposed pursuant to Section 107(f) best of its knowledge the Superfund Amendments Building and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to are free from any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beMaterials.
Appears in 1 contract
Samples: Lease Agreement (Informax Inc)
Hazardous Materials. Tenant shall not cause nor permitor permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) related to cause or permit, any Hazardous Materials (as defined herein) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises arising from Tenant's leasehold interest in or use or occupancy of the Premises including, soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Materials on, under, or about the Premises or the environmentBuilding or the transportation to or from the Premises or the Building of any Hazardous Materials, including without limitationexcept de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the following: Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Comprehensive Environmental Response, Compensation and Liability Act; Term of this Lease at or from the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 Premises which arises at any time from Tenant's use or occupancy of the NRS), and any regulations Premises or policies promulgated from acts or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures omissions of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the wastesrequired plans. Tenant shall indemnify, by-productsdefend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or residues generatedother release of Hazardous Materials that occurs during the Term of this Lease, resulting, at or produced therefrom. Tenant and from the Premises which arises at any time from Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing 's use or occupancy of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or from Tenant's failure to provide all information, make all submissions, and take all steps required by any governmental authorities having jurisdiction over the improvements Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance earlier termination of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such teststhis Lease. The phrase “environmental condition” shall mean any adverse condition relating to any term Hazardous Materials or the environmentas used herein shall include any chemical, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordsubstance, or shallmaterial which has been or is hereafter determined by any federal, at Landlord’s electionstate, reimburse Landlordor local governmental agency to be capable of posing a risk of injury to health or safety including petroleum, upon demandasbestos, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such workpolychlorinated biphenyls, based upon Landlord’s reasonable estimate of the cost thereof; radioactive materials, and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beradon gas.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Hazardous Materials. The Tenant shall not cause nor permituse, nor allow handle, transport, store, or dispose of any of Tenant’s oil, hazardous or Tenant’s affiliates’ employeestoxic substances, agents, customers, visitors, invitees, licensees, contractors, assignees materials or subtenants wastes (individually, a collectively “Tenant Party” and collectively, “Tenant’s PartiesHazardous Materials”) to cause in, under, on or permitabout the Premises, the Building and/or the Lot except for usual and customary commercial cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable laws, regulations, codes, orders, by-laws, ordinances and guidelines. Without limiting the foregoing, any Hazardous Materials (as defined herein) to in the Premises, and all containers therefor, shall be brought uponused, storedkept, manufacturedstored and disposed of with due care and in conformity with all applicable laws, generatedordinances, blendedcodes, handledrules, recycledregulations and orders of governmental authorities. If the transportation, treatedstorage, disposed use, handling, or used on, under or about disposal of Hazardous Materials in the Premises, the Building, the Common Area, Property Lot or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device anywhere on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, arising out of or resulting from the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders acts or other similar enactments omissions of any governmental authority Tenant or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or contractors, invitees, and the wastesguests or others acting by, by-productsthrough or under Tenant, or residues generatedTenant’s use of the Premises, resultingresults in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing manner of the violation of any Environmental Law or presence of any Hazardous Materialsremoval, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest containment or other charge or encumbrance of any kind compliance with applicable law for and with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsforegoing. The phrase “environmental condition” terms of this Section 5.7 shall mean any adverse condition relating apply to any transportation, handling, storage, use or disposal of Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event irrespective of any such environmental condition, whether Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at has obtained Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beconsent therefor.
Appears in 1 contract
Samples: Lease (Management Network Group Inc)
Hazardous Materials. Tenant covenants and agrees that it shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinbelow) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises Building by Tenant, its agents, employees, contractors or inviteeslicensees. The foregoing covenant shall not extend to substances typically found or used in general office applications so long as (i) such substances and any equipment which generates such substances are maintained only in such quantities as are reasonably necessary for Tenant’s operations in the Premises, (ii) such substances are used strictly in accordance with the manufacturers’ instructions therefor, (iii) such substances are not disposed of in or about the Building in a manner which would constitute a release or discharge thereof, and (iv) all such substances and any equipment which generates such substances are removed from the wastesBuilding by Tenant upon the expiration or earlier termination of this Lease. Any use, bystorage, generation, disposal, release or discharge by Tenant of Hazardous Materials in or about the Building as is permitted pursuant to this Article 30 shall be carried out in compliance with all applicable Laws. Upon any violation of the foregoing covenants, Tenant shall be obligated, at Tenant’s sole cost, to clean-productsup and remove from the Building all Hazardous Materials introduced into the Building by Tenant or Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors. Such clean-up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Tenant shall, in each instance, be conducted to the satisfaction of Landlord and all governmental authorities having jurisdiction. Landlord’s right of entry pursuant to Article 10 above shall include the right to enter and inspect the Premises for violations of Tenant’s covenants herein. Tenant shall indemnify, defend and hold harmless Landlord and the Landlord Parties from and against any and all claims, liabilities, losses, actions, costs and expenses (including reasonable attorneys’ fees and costs of defense) incurred by such indemnified persons, or residues generatedany of them, resultingas the result of (i) the introduction into or about the Building by Tenant, or produced therefrom. Tenant and any of Tenant’s Parties shall comply with all Environmental Laws employees, agents, contractors, licensees, subtenants, assigns, and promptly notify Landlord in writing of the violation of any Environmental Law or presence vendors, of any Hazardous Materials, other than office (ii) the usage, storage, maintenance, generation, disposition or disposal by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and janitorial supplies as permitted vendors, of Hazardous Materials in or about the Building, (iii) the discharge or release in or about the Building by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, of any Hazardous Materials, (iv) any injury to or death of persons or damage to or destruction of property resulting from the use, introduction, maintenance, storage, generation. disposal, disposition, release or discharge by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, of Hazardous Materials in or about the Building, and (v) any failure of Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, to observe the foregoing covenants of this Article. Upon any violation of the foregoing covenants, Landlord shall be entitled to exercise all remedies available to a landlord against a defaulting tenant, including but not limited to those set forth in Article 19 above. Without limiting the generality of the foregoing, inTenant expressly agrees that upon any such violation Landlord may, onat its option, under (i) immediately terminate this Lease or (ii) continue this Lease in effect until compliance by Tenant with its clean-up and removal covenant notwithstanding any earlier expiration date of the Term of this Lease. No action by Landlord hereunder shall impair the obligations of Tenant pursuant to this Article. Landlord covenants and agrees that it shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises or the improvements Building by Landlord or the soil its agents, employees or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance contractors in violation of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statuteapplicable Law. Landlord shall have the right to enter upon and inspect be responsible for removing any Hazardous Material brought upon, kept, or used in or about the Premises and or the Building by Landlord or its agents, employees or contractors in violation of applicable Law, at no additional cost to conduct testsTenant. To Landlord’s actual knowledge, monitoring and investigations. If such tests indicate as of the presence date of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancythis Lease, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any there are no Hazardous Materials or in the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event Premises in violation of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beLaws.
Appears in 1 contract
Hazardous Materials. Tenant shall not cause nor permit, nor allow any of Tenant’s or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) With respect to cause or permit, any Hazardous Materials (as defined hereinbelow) brought on to be brought uponthe Project by Tenant, storedTenant, manufacturedat its sole cost and expense, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance shall comply with all applicable Environmental Laws. Tenant shall not installlaws relating to the storage, operate or maintain any above or below grade tankuse, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present handling and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments disposal of any governmental authority hazardous or agency regulating or relating to healthtoxic substance, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substancechemical, material, or waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, (including crude oil without limitation petroleum hydrocarbons or any fraction thereof; and volatile organic compounds) which is or becomes subject to regulation under any federal, natural gas liquidsstate, liquefied natural gaslocal and/or municipal law, regulation and/or requirement, or synthetic gas usable for fuel (the directives of any federal, state, local, municipal or mixtures of natural gas and such synthetic gas) and explosives, flammablesother governmental agencies with jurisdiction over the Property, or radioactive substances which gives rise to liability under any common law theory regarding the hazardous nature of materials based on impermissible exposure to such materials (collectively, "Hazardous Materials"). Hazardous Materials does not mean minor amounts of hazardous or toxic materials which are in compliance with laws and are customarily present in the operation of the Permitted Use. Tenant shall notify Landlord and provide to Landlord a copy or copies of any kindenvironmental entitlements or inquiries related to the Premises. As defined in Environmental LawsThe clean-up and disposal of any Hazardous Materials located or released onto or about the Project by Tenant or its agents, contractors or employees shall be performed by Tenant is at Tenant's sole cost and expense and shall be deemed performed in accordance with all applicable laws, rules, regulations and ordinances, pursuant to a site assessment and removal/remediation plan prepared by a licensed and qualified geotechnical engineer and submitted to and approved in writing by Landlord prior to the commencement of any work. The foregoing notwithstanding, Landlord in Landlord's sole and absolute discretion may elect, by not less than twenty-four (24) hours' prior written notice to Tenant (except in the case of an emergency threatening health or safety, in which case no prior notice shall be required), to perform the “operator” clean-up and disposal of Tenant’s “facility” and the “owner” of all such Hazardous Materials brought on from the Premises by Tenant, its agents, employees, contractors or invitees, and and/or the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsProject. In the event Landlord performs clean-up and disposal of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by LandlordHazardous Materials which are Tenant's responsibility hereunder, Tenant shall pay to Landlord the actual, reasonable cost of same upon receipt from Landlord of Landlord's written invoice therefor if such clean-up or disposal is necessary due to Tenant's failure to perform any shortfall promptly obligation under this Lease. Notwithstanding any other term or provision of this Lease, Tenant shall permit Landlord or Landlord's agents or employees to enter the Premises at any time, upon not less than twenty-four (24) hours' prior written notice to Tenant (except in the case of an emergency threatening health or safety, in which case no prior notice shall be required), to inspect, monitor and/or take emergency or long-term remedial action with respect to Hazardous Materials on or affecting the Premises or to discharge Tenant's obligations hereunder with respect to such Hazardous Materials when Tenant has failed, after demand by Landlord, to do so. All costs and expenses incurred by Landlord in connection with performing Tenant's obligations hereunder shall be reimbursed by Tenant to Landlord within thirty (30) days of Tenant's receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bewritten request therefor.
Appears in 1 contract
Samples: Guaranty of Lease (Mitesco, Inc.)
Hazardous Materials. Except for regular and customary cleaning and office supplies, Tenant shall not cause nor permit, nor allow any of Tenant’s carry or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, permit any Hazardous Materials Material (as defined hereinbelow) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed stored or used on, under in or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors contractors, or invitees, without the prior written consent of landlord (which Landlord shall not unreasonably withhold, delay or condition so long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary to Tenant's business and will at all times be used, kept, stored and disposed of in a manner that complies at all times with all laws regulating any such Hazardous Materials). If Tenant breaches the wastes, by-productsobligations stated in the preceding sentence, or residues generatedif the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises or causes the Premises not to comply with any applicable environmental law, resultingrule, regulation or ordinance, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing if contamination of the violation Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting there from, then Tenant hereby indemnifies, defends and holds Landlord harmless from any and all claims, judgments, penalties, fines, costs, liabilities, or losses (including any sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of Tenant's breach of its obligations under this Section. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any Environmental Law investigation of site conditions or presence any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials present in, on, under on or about the Premises or the improvements or in the soil or groundwater thereunderon or under or around the Premises. Tenant shall neither create or suffer to existWithout limiting the foregoing, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate if the presence of any environmental condition Hazardous materials in, on or about the Premises caused or exacerbated permitted by Tenant or results in any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for contamination of the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials Premises or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or violation by the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event Premises of any such environmental conditionlaws, rules, regulations or ordinances, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps actions at its sole expense as are necessary to rectify return the same Premises to the satisfaction condition existing prior to the introduction of any such Hazardous Material thereto or the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord violation of performing workany such law. The reimbursement Such actions shall be paid to Landlord undertaken in advance of Landlord’s performing such workaccordance with all applicable laws, based upon Landlord’s reasonable estimate of the cost thereof; rules and upon completion of such work by Landlordregulations, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beordinances and accepted industry practices.
Appears in 1 contract
Samples: Lease Agreement (RMS Titanic Inc)
Hazardous Materials. Tenant shall not cause nor permitor permit the storage, nor allow any of Tenant’s use, generation, release, handling or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants disposal (individually, a “Tenant Party” and collectively, “Tenant’s Parties”"Handling") to cause or permit, of any Hazardous Materials (as defined herein) to be brought uponbelow), storedin, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environmentReal Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or about the Premises by Tenant or any Tenant Party. Tenant's obligations under this Paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitationlimitation asbestos containing materials, the following: PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (1976, 42 U.S.C. Section 9607(1)) 6901-6987; or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to other Legal Requirement regulating, relating to, or imposing liability or standards of conduct testsconcerning any such materials or substances now or at any time hereafter in effect (collectively, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any "Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beLaws").
Appears in 1 contract
Samples: Embarcadero Technologies Inc
Hazardous Materials. Tenant Lessee shall not cause nor permitnot, nor allow any without the prior written consent of Tenant’s Lessor, use, store, manufacture, release, generate, dispose of or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) to cause or permit, transport any Hazardous Materials Material (as defined hereinin the Sales Agreement) to be brought uponon, under, about or near the Demised Premises or the Building; provided, however, that Lessee may, without Lessor's prior written consent, use and store on the Demised Premises commonly used cleaning materials and the substances described in attached Exhibit "D" (provided that such cleaning materials and substances are used and stored in a manner that prevents contamination of the Demised Premises and the Building). Any Hazardous Materials used, stored, manufactured, released, generated, blended, handled, recycled, treated, disposed of or used transported on, under under, about or about near the Premises, the Building, the Common Area, Property Demised Premises or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of Building by Lessee shall be done so in accordance with all applicable Environmental Laws. Tenant shall not installlaws, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulationscodes, ordinances, rulesrules and regulations. In the event Lessee causes any contamination of the Demised Premises or the Building, codesLessee shall, upon demand of Lessor and at Lessee's sole cost and expense, promptly take all actions reasonably required by Lessor to remedy any such contamination. Lessee shall indemnify, defend (with counsel reasonably acceptable to Lessor), protect and hold harmless Lessor (and Lessor's directors, officers, shareholders, partners, affiliates, employees, attorneys, agents and representatives, the foregoing being collectively referred to as "Lessor's Representatives") from and against any and all claims, demands, liabilities, obligations, damages, causes of action, judgments, orders losses, penalties, fines, costs and expenses (including, without limitation, reasonable attorney's fees) which Lessor or other similar enactments any of Lessor's Representatives may incur or suffer by reason of or in connection with any use, storage, manufacture, release, generation, disposal or transport of any governmental authority or agency regulating or relating to health, safety, or environmental conditions Hazardous Materials on, under, about or about near the Demised Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil Building by Lessee or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agentsLessee's officers, employees, contractors agents, representatives, contractors, licensees, invitees or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testssubtenants. The phrase “environmental condition” provisions of this paragraph shall mean any adverse condition relating to any Hazardous Materials survive the expiration or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event earlier termination of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may bethis Lease.
Appears in 1 contract
Samples: Lease Agreement (Troy Group Inc)
Hazardous Materials. Tenant shall not cause nor permit(a) Grantor represents and warrants that, nor allow any to the best of Tenant’s or Tenant’s affiliates’ employeesGrantor's knowledge, agentsafter due inquiry and investigation, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”i) to cause or permit, any there are no Hazardous Materials (as defined hereinhereinafter defined) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about on the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies those in usual and customary quantities stored, used and disposed of in accordance compliance with all applicable Environmental Laws. Tenant shall not installfederal, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present state and future statutes, regulationslocal laws, ordinances, rulesrules and regulations, codes, judgments, orders and (ii) no owner or other similar enactments occupant nor any prior owner or occupant of the Premises has received any notice or advice from any governmental authority agency or agency regulating or relating any source whatsoever with respect to health, safety, or environmental conditions Hazardous Materials on, under, from or about affecting the Premises. Grantor covenants that the Premises shall be kept free of Hazardous Materials, and neither Grantor nor any occupant of the Premises shall use, transport, store, dispose of or in any manner deal with Hazardous Materials on the environmentPremises, including without limitationexcept to the extent that such use, transport, storage or disposal shall be necessary and proper for the following: Grantor to use the Comprehensive Environmental ResponsePremises and carry out the activities which Grantor has represented to Beneficiary are to be carried out on the Premises in agreements executed concurrently with this Deed of Trust, Compensation and Liability Act; provided that such use, transport, storage, disposal or handling of Hazardous Materials on the Resource Conservation and Recovery Act; and Premises shall be in compliance with all applicable federal, state and local counterparts thereto (including Chapter 459 of the NRS)laws, ordinances, rules and regulations. Grantor shall not, without prior notice to Beneficiary, engage in any regulations use or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought activity on the Premises by Tenant, its agents, employees, contractors which results in initial use or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Section 9607(1)) or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess depositincreased uses, as the case may be., of Hazardous Materials on the Property which were not disclosed to the Beneficiary or described in agreements executed concurrently with this Deed of Trust. Grantor shall comply with, and ensure compliance by all occupants of the Premises with all applicable federal, state and local laws, ordinances, rules and regulations, and shall keep the Premises free and clear of liens imposed pursuant to such laws, ordinances, rules or regulations. In the event that Grantor receives any notice or advice from any governmental agency or any source whatsoever with respect to Hazardous Materials on, from or affecting the Premises, Grantor shall immediately notify Beneficiary. Grantor shall promptly conduct and complete all investigations, studies, sampling and testing, and all remedial actions necessary to clean up and remove all Hazardous Materials from the Premises in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Grantor further covenants that it will promptly notify Beneficiary of any discharge or release of Hazardous Materials on, from or affecting the Premises or of any change in the nature or extent of any Hazardous Materials, substances or wastes maintained on, in or under the Premises or used in connection therewith, and will transmit to Beneficiary copies of any citations, orders, notices or other communication received with respect to any other Hazardous Materials, substances, wastes or other environmentally regulated substances affecting the Premises. The term "
Appears in 1 contract
Samples: Waste Recovery Inc
Hazardous Materials. Tenant shall not cause nor permitor permit the storage, nor allow any of Tenant’s use, generation, release, handling or Tenant’s affiliates’ employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants disposal (individually, a “Tenant Party” and collectively, “Tenant’s Parties”"Handling") to cause or permit, of any Hazardous Materials (as defined herein) to be brought uponbelow), storedin, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area, Property or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion. As used herein, the term “Environmental Laws” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environmentReal Property by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all times with all Legal Requirements, including Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Handling of Hazardous Materials in, on or about the Premises. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitationlimitation asbestos containing materials, the following: PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability ActAct of 1980, as amended, 42 U.S.C. Section 9601- 9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act; and all state and local counterparts thereto (including Chapter 459 of the NRS), and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Laws, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and explosives, flammables, or radioactive substances of any kind. As defined in Environmental Laws, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, in, on, under or about the Premises or the improvements or the soil or groundwater thereunder. Tenant shall neither create or suffer to exist, nor permit any Tenant Party to create or suffer to exist any lien, security interest or other charge or encumbrance of any kind with respect to the Property, including without limitation, any lien imposed pursuant to Section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (1976, 42 U.S.C. Section 9607(1)) 6901-6987; or any similar state statute. Landlord shall have the right to enter upon and inspect the Premises and to other Legal Requirement regulating, relating to, or imposing liability or standards of conduct testsconcerning any such materials or substances now or at any time hereafter in effect (collectively, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any "Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly notify both the property manager and the Landlord and shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall promptly after receipt of Landlord’s bills therefor or Landlord shall promptly refund to Tenant any excess deposit, as the case may beLaws").
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
