ISRA Compliance. (a) Tenant shall, at Tenant’s own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. Tenant shall, at Tenant's own expense, comply --------------- with ISRA, if applicable to Tenant. Tenant shall, at Tenant's own expense, make all submissions to, provide all information to, and comply with all applicable requirements of, the Bureau of Industrial Site Evaluation ("the Bureau") of the New Jersey Department of Environmental Protection ("NJDEP"). Should the Bureau or any other division of NJDEP determine that a cleanup plan be prepared and that a cleanup be undertaken because of any spills or discharges of hazardous substances or hazardous wastes at the Premises and not caused by Landlord which occur during the Term of this Lease, then Tenant shall, at the Tenant's own expense, prepare and submit the required plans and financial assurances, and carry out the approved plans. Tenant's obligations under this paragraph shall arise if there is any closing, terminating or transferring of operations of an industrial establishment at the Premises pursuant to ISRA. At no expense to the Landlord, Tenant shall promptly provide all information reasonably required by Landlord for preparation of non-applicability affidavits and shall promptly sign such affidavits when requested by Landlord. Tenant shall indemnify, defend and save harmless Landlord from all fines, suits, procedures, claims and actions of any kind arising out of or in any way connected with spills or discharges of hazardous substances or hazardous wastes at the Premises which occur during the Term of this Lease; and from all fines, suits, procedures, claims and actions of any kind arising out of Tenant's failure to provide all information, make all submissions and take all actions required by ISRA, the Bureau or any other division of NJDEP. Tenant's obligations and liabilities under this paragraph shall continue so long as Landlord remains responsible for any spills or discharges of hazardous substances or hazardous wastes at the Premises which occur during the Term of this Lease. Tenant's failure to abide by the terms of this paragraph shall be subject to equitable relief.
ISRA Compliance. Lessee shall, at Lessee's own expense, comply with the Industrial Site Recovery Act, N.J.
ISRA Compliance. Lessee shall, at Lessee’s own expense, comply with the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., the regulations promulgated thereunder and any amending and successor legislation and regulations (“ISRA”).
ISRA Compliance. SECTION 35.01. Tenant acknowledges the existence of the New Jersey Industrial Site Recovery Act ("ISRA"). Tenant represents to Landlord that Tenant's Standard Industrial Classification (SIC) Number as used on Tenant's Federal Tax Return will not subject the Demised Premises to ISRA applicability under current laws and regulations. Any change by Tenant to an operation with an SIC number subject to ISRA shall require Landlord's written consent, which consent will not be unreasonably withheld. Any such proposed change shall be noticed in writing to Landlord sixty (60) days prior to the proposed change. Landlord, at its sole option, may deny consent to the change. Tenant agrees to execute such documents as Landlord reasonably deems necessary and to make such applications as Landlord reasonably requires to assure compliance with ISRA. Tenant shall bear all costs and expenses incurred by Landlord associated with any required ISRA compliance resulting from Tenant's use of the Demised Premises including but not limited to, state agency fees, engineering fees, clean-up costs, filing fees and suretyship expenses. As used in this Lease, ISRA compliance shall include applications for determinations of nonapplicability by the appropriate governmental authority. The foregoing undertaking shall survive the termination or sooner expiration of the Lease and surrender of the Demised Premises and shall also survive sale, or lease or assignment of the Demised Premises by Landlord. Tenant agrees to indemnify and hold Landlord harmless from the violation of ISRA occasioned by Tenant's use of the Demised Premises.
ISRA Compliance. Buyer will cause Vivus, Inc. to deliver to Seller, prior to the Closing Date, evidence of compliance (“ISRA Compliance”) with the New Jersey Industrial Site Recovery Act (“ISRA”) with respect to the transaction contemplated in this Agreement, in the form of either (a) an approved “negative declaration,” (b) a “no further action letter,” (c) a letter from the New Jersey Department of Environmental Protection (“NJDEP”) approving a “de minimis quantity exception,” or (d) a “remediation agreement” approved by NJDEP. In the event that Buyer is unable to deliver to Seller, prior to the Closing Date, evidence of ISRA Compliance in one of the forms described in clauses (a) through (d) herein, Buyer may adjourn the Closing Date for a reasonable period of time sufficient to permit Vivus, Inc. to obtain evidence of ISRA Compliance in one of the forms described in clauses (a) through (d) of this Section, provided, that such adjournment shall not exceed 120 days.
ISRA Compliance. 31.1. Tenant agrees to comply with all applicable environmental laws, rules and regulations, including but not limited to, the New Jersey Industrial Site Recovery Act N.J.
ISRA Compliance. Seller shall, at its sole cost and expense, make all filings and take any other actions necessary in connection with the transactions contemplated by this Agreement in order to comply with ISRA. Purchaser shall (and shall, following the Closing, cause the Conveyed Companies to), upon reasonable advance notice, reasonably cooperate with Seller in connection with any such filings or other actions, including by providing Seller and its Affiliates with access to relevant information and for purposes of performing any inspections or testing that may be required in connection with any such filings or other actions.
ISRA Compliance. (a) The Sellers, the Acquiror and the Company acknowledge that the transactions contemplated by this Agreement may require certain filings and actions under the Industrial Site Recovery Act, N.J.
ISRA Compliance. The Company will comply with ISRA in connection with and as may be necessary to facilitate the consummation of the Transactions, including submitting to the NJDEP the necessary General Information Notice, retaining the Licensed Site Remediation Professional (and documenting the Licensed Site Remediation Professional retention with the NJDEP), and obtaining a Remediation in Progress Waiver or, as the alternative to the Remediation in Progress Waiver, submitting to the NJDEP a Remediation Certification or Response Action Outcome, prior to consummation of the Transaction (“ISRA Compliance”). If applicable, the Company will establish the necessary Remediation Funding Source in connection with the ISRA Compliance. The Company will keep Parent apprised and informed of the ISRA Compliance progress and provide regular updates to Parent (or more frequent updates if so requested by Parent), including providing drafts of submissions to the NJDEP for review by Parent prior to submission to the NJDEP. In connection with the Company’s obligation to keep Parent informed of the ISRA Compliance progress, at times mutually convenient for Parent, the Company and the Licensed Site Remediation Professional prior to the consummation of the Transactions, the Company will make available to Parent and its Representatives, with participation by Company Representatives, the Licensed Site Remediation Professional retained by the Company in connection with the ISRA Compliance. With respect to the information disclosed pursuant to this Section 5.4, Parent will comply with, and will instruct the applicable Representatives of Parent to comply with, all of their respective confidentiality obligations under the Confidentiality Agreement. All capitalized terms used in this Section 5.4 not otherwise defined in this Agreement will have the same meaning as in ISRA.
