Common use of Clean Up Responsibilities Clause in Contracts

Clean Up Responsibilities. Subject to the last sentence of this Article 29. E, if any Hazardous Material is released, discharged or disposed of, or permitted to spill, leak or migrate, in violation of the foregoing provisions, Tenant shall immediately, properly and in compliance with applicable Laws, clean up and remove the Hazardous Material from the Premises, Property and any other affected property and clean or replace any affected personal properly (whether or not owned by Landlord), at Tenant’s expense (without limiting Landlord’s other remedies therefor). Such clean up and removal work shall be considered “Work” under Article 9 and subject to the provisions thereof including, without limitation, Landlord’s prior written approval (except in emergencies), and any testing, investigation, feasibility and impact studies, and the preparation and implementation of any remedial action plan required by any court or regulatory authority having jurisdiction or reasonably required by Landlord. In connection therewith, Tenant shall provide documentation evidencing that all Tenant Remedial Work or other action required hereunder has been properly and lawfully completed (including a certificate addressed to Landlord from a environmental consultant reasonably acceptable to Landlord, in such detail and form as Landlord may reasonably require). If any Hazardous Material is released, discharged, disposed of, or permitted to spill, leak or migrate on or about the Property and is not caused by Tenant or other occupants of the Premises, or their agents, employees, Transferees, or contractors, such release, discharge, disposal, spill, teak or migration shall be deemed casualty damage under Article 11 to the extent that the Premises and Tenant’s use thereof is affected thereby; in such case, Landlord and Tenant shall have the obligations and rights respecting such casualty damage provided under such Article. If any Hazardous Material contamination is discovered on or about the Property before Tenant begins occupying or performing work at the Premises, there shall be a rebuttable presumption that Tenant is not responsible; if any Hazardous Material contamination is discovered on or about the Property after Tenant begins occupying or performing work at the Premises, and the contamination is located in the Premises or areas of the Property exclusively serving the Premises, there shall be a rebuttable presumption that Tenant is responsible (including Landlord’s obligations to restore under Article 11 .A, and Tenant’s rights to xxxxx Rent under Article 11.B).

Clean Up Responsibilities. Subject to the last sentence of this Article 29. E, if If any Hazardous Material is released, discharged or disposed of, or permitted to spillspill or leak, leak by Tenant or migrateits Transferees or their respective agents, employees or contractors, in violation of the foregoing provisionsprovisions of Article 29.A, Tenant shall immediately, immediately and properly and in compliance with applicable Laws, clean up and remove the Hazardous Material Materials from the Premises, Property and any other affected property and clean or replace any affected personal properly property (whether or not owned by Landlord)) in compliance with applicable Laws and then prevailing industry practices and standards, at Tenant’s expense (without limiting Landlord’s other remedies therefor). Such clean up and removal work (“Tenant Remedial Work”) shall be considered “Work” Work under Article 9 and subject to the provisions thereof includingthereof, without limitation, including Landlord’s prior written approval (except in emergencies), and any testing, investigation, feasibility and impact studies, and the preparation and implementation of any remedial action plan required by any court or regulatory authority having jurisdiction or reasonably required by Landlord. In connection therewith, Tenant shall provide documentation evidencing that all Tenant Remedial Work or other action required hereunder has been properly and lawfully completed (including a certificate addressed to Landlord from a an environmental consultant reasonably acceptable to Landlord, in such detail and form as Landlord may reasonably require). If any Hazardous Material is released, discharged, disposed of, or permitted to spill, spill or leak or migrate on or about the Property and is not caused by Tenant or other occupants of the Premises, its Transferees or their respective agents, employees, Transferees, employees or contractors, such release, discharge, disposal, spill, teak spill or migration leak shall be deemed casualty damage under Article 11 to the extent that the Premises and Tenant’s use thereof is affected thereby; in such case, Landlord and Tenant shall have the obligations and rights respecting such casualty damage provided under such Article. If any Hazardous Material contamination is discovered on or about the Property before Tenant begins occupying or performing work at the Premises, there shall be a rebuttable presumption that Tenant is not responsible; if any Hazardous Material contamination is discovered on or about the Property after Tenant begins occupying or performing work at the Premises, and the contamination is located in the Premises or areas of the Property exclusively serving the Premises, there shall be a rebuttable presumption that Tenant is responsible this Lease (including Landlord’s obligations to restore under Article 11 .A11.A by lawfully abating the Hazardous Material, and Tenant’s rights to xxxxx Rent under Article 11.B).