Common use of Asset Restrictions; Hazardous Materials Clause in Contracts

Asset Restrictions; Hazardous Materials. (a) BUYER represents and warrants to SUPPLIER that all Assets deposited at the Premises shall be in good condition, suitable for normal handling and movement, sealed, and must be used strictly for storage of tangible personal property. BUYER represents and warrants that any Asset(s) deposited at the Premises by BUYER will not contain any flammable materials or explosives, any materials that leak, give off smoke or fumes, any other Hazardous Materials, any live animals, perishable items, or any illegal goods, substances or materials. BUYER warrants that it shall not cause, permit, or allow any of BUYER’s employees, representatives, invitees or licensees (individually, “BUYER Party” and collectively, “BUYER Parties”) to cause or permit any Hazardous Materials to be brought on, stored, manufactured, generated, blended, handled, recycled, treated, disposed, or used on, under, or about the Space and/or Premises. In the event that SUPPLIER discovers that any Asset is not in compliance with these representations and warranties, SUPPLIER may, among other remedies available to it, remove the subject Asset(s) from the Premises and any cost or expense of removal and disposition, including but not limited to attorneys’ fees, court costs and expenses, shall be promptly reimbursed to SUPPLIER by BUYER, and SUPPLIER shall have no liability to BUYER for such removal and/or disposition. (b) BUYER shall not perform or permit any repair work to BUYER’s Assets at the Premises, except in the event of an emergency, for the shortest time reasonably practicable (no more than one 24 continuous hour period) and with notice to SUPPLIER. Regardless, SUPPLIER may require that the Asset be towed or otherwise removed from the Premises instead of effecting a repair of the Asset at the Premises. (c) BUYER and BUYER Parties shall comply with all Environmental Laws and BUYER shall promptly notify SUPPLIER if BUYER violates any Environmental Laws. SUPPLIER shall have the right to enter on or into, and inspect, the Asset, the Space and/or Premises and to conduct tests, monitoring, and investigations. If such tests indicate the presence of any Environmental Condition caused or exacerbated by BUYER or any BUYER Party or that occurred during the Term of this Reservation Agreement that is in violation of any Environmental Laws, BUYER shall reimburse SUPPLIER for the cost of conducting such tests. In the event of any Environmental Condition, BUYER shall promptly take any and all steps necessary to rectify the same so as to comply with applicable Environmental Laws, or at SUPPLIER’s sole option, SUPPLIER may take such steps as may be necessary to rectify the same to comply with applicable Environmental Laws. BUYER shall indemnify, defend (with counsel reasonably satisfactory to SUPPLIER) and hold SUPPLIER, its affiliates, and their respective shareholders, members, partners, offices, directors, employees and agents (collectively, the “SUPPLIER Parties”) from and against all claims, losses, liabilities, obligations and damages, diminution in value of the Premises, and including but not limited to attorneys’ fees, court costs and expenses (collectively, “Losses”) arising from BUYER’s breach of its representations and warranties contained herein or any of the BUYER Parties’ failure to comply with this Section 5.

Asset Restrictions; Hazardous Materials. (a) BUYER represents and warrants to SUPPLIER that all Assets deposited at the Premises shall be in good condition, suitable for normal handling and movement, sealed, and must be used strictly for storage of tangible personal property. BUYER represents and warrants that any Asset(s) deposited at the Premises by BUYER will not contain any Cannabis, flammable materials or explosives, any materials that leak, give off smoke or fumes, any other Hazardous Materials, any live animals, perishable items, or any illegal goods, substances or materials. BUYER warrants that it shall not cause, permit, or allow any of BUYER’s employees, representatives, invitees or licensees (individually, “BUYER Party” and collectively, “BUYER Parties”) to cause or permit any Hazardous Materials to be brought on, stored, manufactured, generated, blended, handled, recycled, treated, disposed, or used on, under, or about the Space and/or Premises. In the event that SUPPLIER discovers that any Asset is not in compliance with these representations and warranties, SUPPLIER may, among other remedies available to it, remove the subject Asset(s) from the Premises and any cost or expense of removal and disposition, including but not limited to attorneys’ fees, court costs and expenses, shall be promptly reimbursed to SUPPLIER by BUYER, and SUPPLIER shall have no liability to BUYER for such removal and/or disposition. (b) BUYER shall not perform or permit any repair work to BUYER’s Assets at the Premises, except in the event of an emergency, for the shortest time reasonably practicable (no more than one 24 continuous hour period) and with notice to SUPPLIER. Regardless, SUPPLIER may require that the Asset be towed or otherwise removed from the Premises instead of effecting a repair of the Asset at the Premises. (c) BUYER and BUYER Parties shall comply with all Environmental Laws and BUYER shall promptly notify SUPPLIER if BUYER violates any Environmental Laws. SUPPLIER shall have the right to enter on or into, and inspect, the Asset, the Space and/or Premises and to conduct tests, monitoring, and investigations. If such tests indicate the presence of any Environmental Condition environmental condition caused or exacerbated by BUYER or any BUYER Party or that occurred during the Term of this Reservation Agreement that is in violation of any Environmental Laws, BUYER shall reimburse SUPPLIER for the cost of conducting such tests. In the event of any Environmental Condition, BUYER shall promptly take any and all steps necessary to rectify the same so as to comply with applicable Environmental Laws, or at SUPPLIER’s sole option, SUPPLIER may take such steps as may be necessary to rectify the same to comply with applicable Environmental Laws. BUYER shall indemnify, defend (with counsel reasonably satisfactory to SUPPLIER) and hold SUPPLIER, its affiliates, and their respective shareholders, members, partners, offices, directors, employees and agents (collectively, the “SUPPLIER Parties”) from and against all claims, losses, liabilities, obligations and damages, diminution in value of the Premises, and including but not limited to attorneys’ fees, court costs and expenses (collectively, “Losses”) arising from BUYER’s breach of its representations and warranties contained herein or any of the BUYER Parties’ failure to comply with this Section 5.

Asset Restrictions; Hazardous Materials. (a) BUYER represents and warrants to SUPPLIER that all Assets deposited at the Premises shall be in good condition, suitable for normal handling and movement, sealed, and must be used strictly for storage of tangible personal property. BUYER represents and warrants that any Asset(s) deposited at the Premises by BUYER will not contain any Cannabis, flammable materials or explosives, any materials that leak, give off smoke or fumes, any other Hazardous Materials, any live animals, perishable items, or any illegal goods, substances or materials. BUYER warrants that it shall not cause, permit, or allow any of BUYER’s employees, representatives, invitees or licensees (individually, “BUYER Party” and collectively, “BUYER Parties”) to cause or permit any Hazardous Materials to be brought on, stored, manufactured, generated, blended, handled, recycled, treated, disposed, or used on, under, or about the Space and/or Premises. In the event that SUPPLIER discovers that any Asset is not in compliance with these representations and warranties, SUPPLIER may, among other remedies available to it, remove the subject Asset(s) from the Premises and any cost or expense of removal and disposition, including but not limited to attorneys’ fees, court costs and expenses, shall be promptly reimbursed to SUPPLIER by BUYER, and SUPPLIER shall have no liability to BUYER for such removal and/or disposition. (b) BUYER shall not perform or permit any repair work to BUYER’s Assets at the Premises, except in the event of an emergency, for the shortest time reasonably practicable (no more than one 24 continuous hour period) and with notice to SUPPLIER. Regardless, SUPPLIER may require that the Asset be towed or otherwise removed from the Premises instead of effecting a repair of the Asset at the Premises. (c) BUYER and BUYER Parties shall comply with all Environmental Laws and BUYER shall promptly notify SUPPLIER if BUYER violates any Environmental Laws. SUPPLIER shall have the right to enter on or into, and inspect, the Asset, the Space and/or Premises and to conduct tests, monitoring, and investigations. If such tests indicate the presence of any Environmental Condition environmental condition caused or exacerbated by BUYER or any BUYER Party or that occurred during the Term of this Reservation Agreement that is in violation of any Environmental Laws, BUYER shall reimburse SUPPLIER for the cost of conducting such tests. In the event of any Environmental Condition, BUYER shall promptly take any and all steps necessary to rectify the same so as to comply with applicable Environmental Laws, or at SUPPLIER’s sole option, SUPPLIER may take such steps as may be necessary to rectify the same to comply with applicable Environmental Laws. BUYER shall indemnify, defend (with counsel reasonably satisfactory to SUPPLIER) and hold SUPPLIER, its affiliates, and their respective shareholders, members, partners, offices, directors, employees and agents (collectively, the “SUPPLIER Parties”) from and against all claims, losses, liabilities, obligations and damages, diminution in value of the Premises, and including but not limited to attorneys’ fees, court costs and expenses (collectively, “Losses”) arising from BUYER’s breach of its representations and warranties contained herein or any of the BUYER Parties’ failure to comply with this Section 5.

Asset Restrictions; Hazardous Materials. (a) BUYER represents and warrants to SUPPLIER that all Assets deposited at the Premises shall be in good conditioncondition and operational, suitable for normal handling and movement, sealedsealed (if loaded), and must be used strictly for storage of tangible personal property. BUYER represents and warrants that if BUYER parks loaded containers or trailers, the beneficial owner, has given BUYER the authority to park such containers or trailers on the Premises. (b) BUYER represents and warrants that any Asset(s) deposited at the Premises by BUYER will not contain any Cannabis, flammable materials or explosives, any materials that leak, give off smoke or fumes, any other Hazardous Materials, any live animals, perishable items, or any illegal contraband, goods, substances or materials. BUYER warrants that it shall not cause, permit, or allow any of BUYER’s employees, representatives, invitees or licensees BUYERs (individually, “BUYER Party” and collectively, “BUYER Parties”) to cause or permit any Hazardous Materials to be brought on, stored, manufactured, generated, blended, handled, recycled, treated, disposed, or used on, under, or about the Space and/or Premises. In the event that SUPPLIER discovers that any Asset is not in compliance with these representations and warranties, SUPPLIER may, among other remedies available to it, immediately remove the subject Asset(s) from the Premises and any cost or expense of removal and disposition, including but not limited to attorneys’ fees, court costs and expenses, shall be promptly reimbursed to SUPPLIER by BUYER, and SUPPLIER shall have no liability to BUYER for such removal and/or disposition. (bc) BUYER shall not perform or permit any repair work to BUYER’s Assets at the Premises, except in the event of an emergency, for the shortest time reasonably practicable (no more than one 24 continuous hour period) and with notice to SUPPLIER. Regardless, SUPPLIER SUPPLIER, in its sole discretion, may require that the Asset be towed or otherwise removed from the Premises instead of effecting a repair of the Asset at the Premises, at BUYER’s sole expense. (cd) BUYER and BUYER Parties shall comply with all Environmental Laws and BUYER shall promptly notify SUPPLIER if BUYER violates any Environmental Laws. At any time, SUPPLIER shall have the right to enter on or into, and inspect, the Asset, the Space and/or Premises and to conduct tests, monitoring, and investigations. If such tests indicate the presence of any Environmental Condition environmental condition caused or exacerbated by BUYER or any BUYER Party or that occurred during the Term of this Reservation Agreement that is in violation of any Environmental Laws, BUYER shall reimburse SUPPLIER for the cost of conducting such tests. In the event of any Environmental Condition, BUYER shall promptly take any and all steps and remedial efforts necessary to rectify the same so as to comply with applicable Environmental Laws, or at SUPPLIER’s sole option, SUPPLIER may take such steps as may be necessary to rectify the same to comply with applicable Environmental Laws. BUYER shall indemnify, defend (with counsel reasonably satisfactory to SUPPLIER) and hold SUPPLIER, its affiliates, and their respective shareholders, members, partners, offices, directors, employees and agents (collectively, the “SUPPLIER Parties”) from and against all claims, losses, liabilities, obligations and damages, diminution in value of the Premises, and including but not limited to attorneys’ fees, court costs and expenses (collectively, “Losses”) arising from BUYER’s breach of its representations and warranties contained herein or any of the BUYER Parties’ failure to comply with this Section 5.

Asset Restrictions; Hazardous Materials. (a) BUYER represents and warrants to SUPPLIER that all Assets deposited at the Premises shall be in BUYERrepresentsandwarrantstoSUPPLIERthatallAssetsdepositedatthePremisesshallbein good condition, suitable for normal handling and movement, sealed, and must be used strictly for storage of tangible personal property. BUYER represents and warrants that any Asset(s) deposited at the Premises by BUYER will not contain any flammable materials or explosives, any materials that leak, give off smoke or fumes, any other Hazardous Materials, any live animals, perishable items, or any illegal goods, substances or materials. BUYER warrants that it shall not cause, permit, or allow any of BUYER’s employees, representatives, invitees or licensees (individually, “BUYER Party” and collectively, “BUYER Parties”) to cause or permit any Hazardous Materials to be brought on, stored, manufactured, generated, blended, handled, recycled, treated, disposed, or used on, under, or about the Space and/or Premises. In the event that SUPPLIER discovers that any Asset is not in compliance with these representations and warranties, SUPPLIER may, among other remedies available to it, remove the subject Asset(s) from the Premises and any cost or expense of removal and disposition, including but not limited to attorneys’ fees, court costs and expenses, shall be promptly reimbursed to SUPPLIER by BUYER, and SUPPLIER shall have no liability to BUYER for such removal and/or disposition. (b) BUYER shall not perform or permit any repair work to BUYER’s Assets at the Premises, except in the event of an emergency, for the shortest time reasonably practicable (no more than one 24 continuous hour period) and with notice to SUPPLIER. Regardless, SUPPLIER may require that the Asset be towed or otherwise removed from the Premises instead of effecting a repair of the Asset at the Premises. (c) BUYER and BUYER Parties shall comply with all Environmental Laws and BUYER shall promptly notify SUPPLIER if BUYER violates any Environmental Laws. SUPPLIER shall have the right to enter on or into, and inspect, the Asset, the Space and/or Premises and to conduct tests, monitoring, and investigations. If such tests indicate the presence of any Environmental Condition caused or exacerbated by BUYER or any BUYER Party or that occurred during the Term of this Reservation Agreement that is in violation of any Environmental Laws, BUYER shall reimburse SUPPLIER for the cost of conducting such tests. In the event of any Environmental Condition, BUYER shall promptly take any and all steps necessary to rectify the same so as to comply with applicable Environmental Laws, or at SUPPLIER’s sole option, SUPPLIER may take such steps as may be necessary to rectify the same to comply with applicable Environmental Laws. BUYER shall indemnify, defend (with counsel reasonably satisfactory to SUPPLIER) and hold SUPPLIER, its affiliates, and their respective shareholders, members, partners, offices, directors, employees and agents (collectively, the “SUPPLIER Parties”) from and against all claims, losses, liabilities, obligations and damages, diminution in value of the Premises, and including but not limited to attorneys’ fees, court costs and expenses (collectively, “Losses”) arising from BUYER’s breach of its representations and warranties contained herein or any of the BUYER Parties’ failure to comply with this Section 5.