Common use of Compliance with Applicable Environmental Law Clause in Contracts

Compliance with Applicable Environmental Law. Borrower, each Guarantor and Debtor, and their respective properties are and shall be in compliance in all material respects with all applicable environmental, health and safety laws, rules and regulations and neither Borrower nor any Guarantor or Debtor is or shall be subject to any liability or obligation for remedial action thereunder that is reasonably expected to result in a material and adverse change in Borrower’s business operations or financial condition or materially affect the Collateral. No investigation or inquiry by any governmental authority is or shall be pending or threatened against Borrower, any Guarantor or Debtor, or any of their respective properties with respect to Hazardous Material as defined herein. No Hazardous Materials are or shall be located on or under Borrower or any Guarantor or Debtor’s owned or leased properties under Borrower or any Guarantor or Debtor’s control. Neither Borrower, nor any Guarantor or Debtor has caused or permitted or shall cause or permit any Hazardous Materials to be stored, transported, or disposed of on or under or released from any of its properties. The term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited to: (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) those substances, materials or wastes designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Air Act or any amendments or replacements to these statutes, (v) those substances, materials or wastes defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act of any amendments or replacements to that statute, or (vi) those substances, materials or wastes defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute;

Compliance with Applicable Environmental Law. Borrower, each Guarantor and Debtor, and their respective properties are and shall be in compliance in all material respects with all applicable environmental, health and safety laws, rules and regulations and neither Borrower nor any Guarantor or Debtor is or shall be subject to any liability or obligation for remedial action thereunder that is reasonably expected to result in a material and adverse change in Borrower’s business operations or financial condition or materially affect the Collateralthereunder. No investigation or inquiry by any governmental authority is or shall be pending or or, to the knowledge of Borrower, threatened against Borrower, any Guarantor or Debtor, or any of their respective properties with respect to any toxic waste, toxic substance or Hazardous Material as defined herein. No Hazardous Materials are or shall be located on or under Borrower or any Guarantor or Debtor’s owned or leased properties under Borrower or any Guarantor or Debtor’s control's properties. Neither Borrower, nor any Guarantor or Debtor has caused or permitted or shall cause or permit any Hazardous Materials toxic or hazardous waste or substance to be stored, transported, or disposed of on or under or released from any of its properties. The term “"Hazardous Materials” " shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited to: (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) those substances, materials or wastes designated as a “"hazardous substance” " pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Air Water Act or any amendments or replacements to these statutes, (v) those substances, materials or wastes defined as a “"hazardous waste” " pursuant to Section 1004 of the Resource Conservation and Recovery Act of or any amendments or replacements to that statute, or (vi) those substances, materials or wastes defined as a “"hazardous substance” " pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute;

Compliance with Applicable Environmental Law. BorrowerLandlord represents and warrants that, each Guarantor and Debtorto the best of Landlord’s knowledge, except as may be otherwise disclosed in that certain Phase I Environmental Site Assessment prepared by Materials Testing & Inspection dated December 5, 2019, a copy of which has been provided to Tenant, and their respective properties without additional investigation, the Premises are in compliance with all Applicable Environmental Law as of the Rent Commencement Date. Without limiting the generality of the foregoing or any other provision of this Lease, after Substantial Completion (as defined in Section 5.1) and Landlord’s delivery of the Premises, but not before, Tenant shall be solely and completely responsible for ensuring that the Premises and all activities thereon (including activities of Tenant, its officers, directors, owners, employees, agents, contractors, subcontractors, subtenants, assignees, licensees, and concessionaires) comply fully with Applicable Environmental Law and for responding to, defending against and/or complying with any administrative order, request or demand relating to potential or actual contamination on the Premises, or third party claims (including the claims of current or future subtenants in compliance the Premises, or other tenants or subtenants in all material respects with all applicable environmentalunits or parcels adjoining or near the Premises) for Remedial Work or for the costs of any such Remedial Work or for the costs of any such Remedial Work which the third-party claimant has undertaken, health and safety lawswhether such order, rules and regulations and neither Borrower nor request, demand or claim names Landlord, Tenant or both, or refers to the Premises in any Guarantor way, except where the contamination or Debtor is other violation of Applicable Environmental Law occurred prior to the Rent Commencement Date of the Lease, or shall be subject to any liability or obligation for remedial action thereunder that is reasonably expected to result in a material and adverse change in Borrower’s business operations or financial condition or materially affect the Collateral. No investigation or inquiry was caused solely by any governmental authority is or shall be pending or threatened against BorrowerLandlord, any Guarantor third party not related to Tenant or Debtorpermitted to be on the Premises by Tenant, or any prior owner or tenant (other than subtenants of their respective properties with respect Tenant) of the Premises. Tenant shall promptly provide to Hazardous Material as defined herein. No Hazardous Materials are Landlord copies of all communications, filings or shall be located on other writings, photographs or under Borrower materials given to or any Guarantor or Debtor’s owned or leased properties under Borrower or any Guarantor or Debtor’s control. Neither Borrower, nor any Guarantor or Debtor has caused or permitted or shall cause or permit any Hazardous Materials to be stored, transported, or disposed of on or under or released received from any of its propertiesperson, entity or agency in connection with any cleanup or Remedial Work conducted by Tenant, and shall notify Landlord of, and permit Landlord’s representative to attend, any meetings or oral communications relating thereto. The term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes regulated by any governmental authority includingTenant’s responsibility under this Section includes, but is not limited to: (i) petroleum, (ii) asbestospromptly responding to such orders, (iii) polychlorinated biphenylsrequests, (iv) those substancesdemands and claims. For any environmental contamination, materials violation of Applicable Environmental Law or wastes designated as a “hazardous substance” pursuant to Section 311 of issue for which Tenant is excepted from responsibility above, Landlord has the Clean Water Act or listed pursuant to Section 307 of the Clean Air Act or any amendments or replacements to these statutes, (v) those substances, materials or wastes defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation same responsibility for carrying out Remedial Work and Recovery Act of any amendments or replacements to otherwise complying with Applicable Environmental Law that statute, or (vi) those substances, materials or wastes defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute;Tenant would have under this Lease if Tenant was not excepted from such responsibility.