Common use of Compliance With Environmental Laws; Use of Hazardous Materials Clause in Contracts

Compliance With Environmental Laws; Use of Hazardous Materials. Without limiting the generality of Section 7.3(a) above, Tenant and all other Tenant Parties shall at all times comply with all applicable Environmental Laws with respect to the use and occupancy of any portion of the Project pursuant to this Lease. Tenant and all other Tenant Parties shall not generate, store, handle, or otherwise use, or allow, the generation, storage, handling, or use of, Hazardous Materials in the Premises or transport the same through the Project, except in accordance with the Rules and Regulations and Environmental Laws. In the event of a release of any Hazardous Materials caused by, or due to the act or neglect of, Tenant or any other Tenant Parties, Tenant shall immediately notify Landlord and take such remedial actions as Landlord may direct in Landlord’s reasonable discretion as necessary or appropriate to xxxxx, remediate and/or clean up the same. If so elected by Landlord by notice to Tenant, Landlord shall take such reasonable remedial actions on behalf of Tenant at Tenant’s sole cost and expense. In any event, Landlord shall have the right, without liability or obligation to Tenant, to direct and/or supervise Tenant’s remedial actions and to specify the scope thereof and specifications therefor. Tenant and the other Tenant Parties shall use, handle, store and transport any Hazardous Materials in accordance with applicable Environmental Laws, and shall notify Landlord of any notice of violation of Environmental Laws which it receives from any governmental agency having jurisdiction. In no event shall Landlord be designated as the “generator” on, nor shall Landlord be responsible for preparing, any manifest relating to Hazardous Materials generated or used by Tenant or any other Tenant Parties.

Compliance With Environmental Laws; Use of Hazardous Materials. Without limiting the generality of Section 7.3(a) 7.3 above, Tenant and all other Tenant Parties shall at all times comply with all applicable Environmental Laws with respect to the use and occupancy of any portion of the Project pursuant to this Lease. Tenant and all other Tenant Parties shall not generate, store, handle, or otherwise use, or allow, the generation, storage, handling, or use of, Hazardous Materials in the Premises or transport the same through the Project, except in accordance with the Rules and Regulations and Environmental Lawsonly to the extent required for the conduct of Tenant’s business. In the event of a release of any Hazardous Materials caused by, or due to the act or neglect of, Tenant or any other Tenant Parties, Tenant shall immediately notify Landlord and take such remedial actions as Landlord may direct in Landlord’s reasonable sole discretion as necessary or appropriate to xxxxx, remediate and/or clean up the same. If so elected by Landlord by notice to Tenant, Landlord shall take such reasonable remedial actions on behalf of Tenant at Tenant’s sole cost and expense. In any event, Landlord shall have the right, without liability or obligation to Tenant, to direct and/or supervise Tenant’s remedial actions and to specify the scope thereof and specifications therefor. Tenant and the other Tenant Parties shall use, handle, store and transport any Hazardous Materials in accordance with applicable Environmental Laws, and shall notify Landlord of any notice of violation of Environmental Laws which it receives from any governmental agency having jurisdiction. In no event shall Landlord be designated as the “generator” on, nor shall Landlord be responsible for preparing, any manifest relating to Hazardous Materials generated or used by Tenant or any other Tenant Parties.

Compliance With Environmental Laws; Use of Hazardous Materials. Without limiting 7.5.1 Tenant shall not: (i) bring or keep, or permit to be brought or kept, in the generality of Section 7.3(a) above, Tenant and all other Tenant Parties shall at all times comply with all applicable Environmental Laws with respect to the use and occupancy of any portion of Premises or in or on the Project pursuant to this Lease. Tenant and all other Tenant Parties shall not any Hazardous Materials in violation of Environmental Laws; (ii) manufacture, generate, storetreat, handle, store or otherwise use, or allow, the generation, storage, handling, or use of, dispose of any Hazardous Materials in the Premises or transport in or on the same through the Project, except Project in accordance with the Rules and Regulations and violation of Environmental Laws. In the event of a ; or (iii) emit, release of or discharge any Hazardous Materials caused byinto any air, soil, surface water or groundwater comprising the Premises or the Project in violation of Environmental Laws, or due permit any person using or occupying the Premises to do any of the act or neglect of, foregoing. Tenant or any other Tenant Parties, Tenant shall immediately notify Landlord and take such remedial actions as Landlord may direct in Landlord’s reasonable discretion as necessary or appropriate to xxxxx, remediate and/or clean up the same. If so elected by Landlord by notice to Tenant, Landlord shall take such reasonable remedial actions on behalf of Tenant at Tenant’s sole cost and expense. In any event, Landlord shall have the right, without liability providing notice to or obligation obtaining the consent of Landlord, to store reasonable quantities of and use standard cleaning products and office supplies commonly found in offices, and fuel for any Additional Generators in accordance with this Lease, provided that Tenant complies with all Applicable Laws and prudent industry practice in connection with such use. 7.5.2 Tenant shall comply, and shall cause all persons using or occupying the Premises to comply, with all Environmental Laws applicable to the Premises, the use or occupancy of the Premises or any operation or activity therein. Tenant shall promptly furnish Landlord with any (i) written notices received from any insurance company or governmental authority or inspection bureau regarding any unsafe or unlawful conditions within the Premises, and (ii) written notices sent by or on behalf of Tenant to any person relating to Environmental Laws applicable to the Project or to Tenant’s use, to direct and/or supervise handling, storage, treatment, transportation, discharge or disposal of Hazardous Materials in connection with the Project. If, as a result of Tenant’s remedial actions and to specify use, handling, storage, treatment, transportation, discharge or disposal of Hazardous Materials, any governmental agency shall require testing for Hazardous Materials in the scope thereof and specifications thereforPremises, Tenant shall pay for such testing. Tenant shall indemnify, defend and hold Landlord harmless from and against any Claims, which result from or arise out of the other Tenant Parties shall use, handlestorage, store and transport treatment, transportation, release, or disposal of any Hazardous Materials in accordance with applicable Environmental Laws, and shall notify Landlord of any notice of violation of Environmental Laws which it receives from any governmental agency having jurisdiction. In no event shall Landlord be designated as on or about the “generator” on, nor shall Landlord be responsible for preparing, any manifest relating to Hazardous Materials generated or used Project by Tenant or any other Tenant Parties. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease until all Claims within the scope of this Section are fully, finally, and absolutely barred by the applicable statutes of limitations. 7.5.3 If any remedial work is required under any Environmental Laws as a result of any act or omission of Tenant or any other Tenant Parties at the Project, then Tenant shall perform or cause the remedial work to be performed in compliance with Environmental Laws. All remedial work performed by Tenant shall be performed by one or more contractors, selected by Txxxxx and reasonably approved in advance in writing by Lxxxxxxx, and under the supervision of a consulting engineer selected by Txxxxx and reasonably approved in advance in writing by Landlord. All costs and expenses of such remedial work shall be paid by Txxxxx, including, but not limited to, the charges of such contractor(s), the consulting engineer and Landlord’s reasonable attorneys’ and experts’ fees and actual, out-of-pocket costs incurred in connection with the monitoring or review of such remedial work. 7.5.4 In no event shall Tenant be required to axxxx, remediate and/or clean up any Hazardous Materials in, on, or about the Premises, that were not brought upon, produced, treated, stored, used, discharged or disposed of by Tenant or Tenant Parties (collectively, “Third Party Hazardous Materials”), except to the extent that any hazard posed by such Third Party Hazardous Materials is exacerbated by the negligent acts or willful misconduct of Tenant or Tenant Parties. For purposes hereof, Third Party Hazardous Materials shall include Hazardous Materials in, on, or about the Premises that were brought upon, produced, treated, stored, used, discharged or disposed of by Landlord. Landlord, at Landlord’s expense (without pass through as Additional Rent), shall remove or otherwise remediate any Third Party Hazardous Materials, as required by Environmental Laws.

Compliance With Environmental Laws; Use of Hazardous Materials. Without limiting the generality of Section 7.3(a) 7.3 above, Tenant and all other Tenant Parties shall at all times comply with all applicable Environmental Laws with respect to to: (i) the use and occupancy of any portion of the Project Premises pursuant to this Lease, and (ii) Tenant’s and Tenant’s Parties’ access and/or use of any other areas at the Project. Tenant and all other Tenant Parties shall not generate, store, handle, or otherwise use, or allow, the generation, storage, handling, or use of, Hazardous Materials in the Premises or transport the same through the Project, except in accordance with the Rules and Regulations Regulations. Notwithstanding the foregoing, Tenant may handle, store, use and Environmental Lawsdispose of products containing small quantities of Hazardous Materials for “general office purposes” (such as toner for copiers and typical office cleaning products) to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or Project or surrounding land or environment. In the event of a release of any Hazardous Materials caused by, or due to the act or neglect of, Tenant or any other Tenant Parties, Tenant shall immediately notify Landlord and take such remedial actions as Landlord may direct in Landlord’s reasonable sole discretion as necessary or appropriate to xxxxx, remediate and/or clean up the same. If so elected by Landlord by notice to Tenant, Landlord shall take such reasonable remedial actions on behalf of Tenant at Tenant’s sole cost and expense. In any event, Landlord shall have the right, without liability or obligation to Tenant, to direct and/or supervise Tenant’s remedial actions and to specify the scope thereof and specifications therefor. Tenant and the other Tenant Parties shall use, handle, store and transport any Hazardous Materials in accordance with applicable Environmental Laws, and shall notify Landlord of any notice of violation of Environmental Laws which it receives from any governmental agency having jurisdiction. In no event shall Landlord be designated as the “generator” on, nor shall Landlord be responsible for preparing, any manifest relating to Hazardous Materials generated or used by Tenant or any other Tenant Parties.