Compliance Cost. 8.1 Proportionate cost of amount incurred towards securing various approvals like fire, electricity, consent to operate etc. and ensuring compliances under them.
Compliance Cost. Tenant acknowledges that Landlord may incur costs for complying with laws, codes, regulations or ordinances relating to Hazardous Material, including, without limitation, the following: (1) Hazardous Materials present in soil or ground water; (ii) Hazardous Materials that migrates, flows, percolates, diffuses or in any way moves onto or under the Real Property; (iii) Hazardous Materials present on or under the Real Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Real Property by other tenants of the Real Property or their agents, employees, contractors or invitees, or by others; and (iv) material which becomes Hazardous Materials due to a change in laws, codes, regulations or ordinances which relate to hazardous or toxic material, substances or waste. Notwithstanding the foregoing, the following costs shall not be Operating Expenses and shall not be the obligation of Tenant: (i) costs incurred to comply with laws relating to the removal or other abatement of Hazardous Materials which were in existence on the Real Property prior to the Lease Commencement Date and which were of such nature that (A) a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Materials, in the state and under the conditions that it existed on the Real Property, would have then required the removal of such Hazardous Materials or other remedial or containment action with respect thereto, or (B) reasonably prudent landlords of Comparable Buildings would not include such compliance costs in operating expenses; (ii) costs incurred to remove, remedy, contain, or treat Hazardous Materials, which Hazardous Materials are brought onto the Real Property after the date hereof by Landlord or any other tenant of the Building and are of such a nature, at that time, that a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Materials, in the state and under the conditions that they exist on the Real Property, would require the removal, remediation, containment or treatment of such Hazardous Materials; and (iii) costs incurred to remove, remedy, contain, or treat Hazardous Materials, which Hazardous Materials are brought onto the Real Property after the date hereof if reasonably prudent landlords of Comparable Buildings would not include such costs in operating expenses. To the extent any such Operating Expense relating to H...
Compliance Cost. Tenant acknowledges that Landlord may incur costs for complying with laws, codes, regulations or ordinances relating to Hazardous Material, or otherwise in connection with Hazardous Material, including, without limitation, the following: (A) Hazardous Material present in soil or ground water; (B) Hazardous Material that migrates, flows, percolates, diffuses or in any way moves onto or under the Real Property; (C) Hazardous Material present on or under the Real Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Real Property by other tenants of the Real Property or their agents, employees, contractors or invitees, or by others; and (D) material which becomes Hazardous Material due to a change in laws, codes, regulations or ordinances which relate to hazardous or toxic material, substances or waste. Except as provided below, Tenant agrees that the costs incurred by Landlord with respect to, or in connection with, complying with laws, codes, regulations or ordinances relating to Hazardous Material shall be an Operating Expense, unless the cost of such compliance, as between Landlord and Tenant, is made the responsibility of Landlord or Tenant under this Lease. Notwithstanding the foregoing, the following costs shall not be included in Operating Expenses and shall not be the obligation of Tenant: (1) reporting, compliance, remediating, testing and removal costs incurred by Landlord with respect to any Hazardous Material (x) existing in the Building or in or at the Retail Area and Real Property as of the Lease Commencement Date and in violation of existing laws as of such date, and (y) not brought onto the Real Property, Retail Area or Building by Tenant or a Tenant Party; (2) reporting, compliance, remediating, testing and removal costs incurred by Landlord with respect to any asbestos in the Building or on or at the Retail Area and Real Property whether or not (x) existing in the Building or on or at the Retail Area and Real Property as of the Lease Commencement Date or thereafter or (y) in violation of applicable laws as of the Lease Commencement Date or thereafter; (3) reporting, compliance, remediating, testing and removal costs incurred by Landlord with respect to any Hazardous Materials in the ground water and/or soil of the Real Property whether or not (x) existing in the ground water and/or soil of the Real Property as of the Lease Commencement Date or thereafter or (y) in violation of applicable laws as...
Compliance Cost. If such service levels under an Override Agreement vary from those set forth in agreements between Distributor and any Local Existing Subscriber, Distributor will provide such alternative service levels, subject to the technical capabilities of Distributor, with any additional cost being borne by Galileo as provided below.
Compliance Cost. Tenant acknowledges that Landlord may incur costs (a) for complying with laws, codes, regulations or ordinances relating to Hazardous Material, or (b) otherwise in connection with Hazardous Material including, without limitation, the following: (i) Hazardous Material present in soil or ground water; (ii) Hazardous Material that migrates, flows, percolates, diffuses or in any way moves onto or under the Project; (iii) Hazardous Material present on or under the Project as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Project by other tenants of the Project or their agents, employees, contractors or invitees, or by others; and (iv) material which becomes Hazardous Material due to a change in laws, codes, regulations or ordinances which relate to hazardous or toxic material, substances or waste. Except as provided below, and subject to the provisions of Sections 7.1.4.2 and 7.1.4.3 Tenant agrees that the costs incurred by Landlord with respect to, or in connection with, the Project for complying with laws, codes, regulations or ordinances relating to Hazardous Material shall be an Operating Expense, unless the cost of such compliance, as between Landlord and Tenant, is made the responsibility of Tenant or Landlord under this Lease. Notwithstanding the foregoing, the following costs shall not be included in Operating Expenses and shall not be the obligation of Tenant: (a) costs incurred to comply with laws relating to the removal of Hazardous Material which was in existence on the Project prior to the Commencement Date, and was of such a nature that a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Material, in the state, and under the conditions that it existed on the Project, would have then required the removal of such Hazardous Material or other remedial or containment action with respect thereto; (b) costs incurred to remove, remedy, contain, or treat Hazardous Material, which Hazardous Material is brought onto the Project after the date hereof by Landlord and is of such a nature, at that time, that a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Material, in the state, and under the conditions, that it exists on the Project, would have then required the removal of such Hazardous Material or other remedial or containment action with respect thereto; and (c) costs incurred in connec...
Compliance Cost. Tenant acknowledges that Landlord may incur costs and expenses for complying with Environmental Laws, or otherwise in connection with Hazardous Materials, including, without limitation, the following (I) Hazardous Materials present in soil or groundwater; (ii) Hazardous Materials that migrate, flow, percolate, diffuse or in any way move onto or under the Project; (iii) Hazardous Materials present on or under the Project as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Project by other tenants of the Project or their agents, employees, contractors or invitees, or by others; and (iv) materials which become Hazardous Materials due to a change in Environmental Laws or the interpretation thereof, Tenant agrees that all costs and expenses incurred by Landlord with respect to, or in connection with, the Project for complying with Environmental Laws shall be Operating Expense, unless the cost of such compliance, as between Landlord and Tenant, is made the responsibility of Tenant under this Lease. To the extent Landlord is reimbursed by Tenant for any such Operating Expense relating to Hazardous Materials that is subsequently recovered 6r reimbursed through insurance. or recovered from responsible third parties, or by other action7 Tenant shall be entitled to a proportionate share of such recovery.
Compliance Cost. 18 8.4.3 Asbestos Abatement............................................ 19 9.
Compliance Cost. Tenant acknowledges that Landlord may incur costs (i) for complying with laws, codes, regulations or ordinances relating to Hazardous Material, or (ii) otherwise in connection with Hazardous Material, including, without limitation, the following: (A) Hazardous Material present in soil or ground water; (B) Hazardous Material that migrates, flows, percolates, diffuses or in any way moves onto or under the Real Property; (C) Hazardous Material present on or under the Real Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Real Property by other tenants of the Real Property or their agents, employees, contractors or invitees, or by others; and (D) material which becomes Hazardous Material due to a change in laws, codes, regulations or ordinances which relate to hazardous or toxic material, substances or waste. Except as provided below, Tenant agrees that the costs incurred by Landlord with respect to, or in connection with, complying with laws, codes, regulations or ordinances relating to Hazardous Material shall be an Operating Expense, unless the cost of such compliance, as between Landlord and Tenant, is made the responsibility of Tenant under this Lease. Notwithstanding the foregoing, the following costs shall not be included in Operating Expenses and shall not be the obligation of 804296.08/LAH4321-047/10-7-08/nng/law -100- UNION BANK PLAZA[Union Bank Lease]
