Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all Hazardous Materials Laws relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any way connected with the Premises or the Improvements on the Land and/or the Expansion Land without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto.
Appears in 3 contracts
Samples: Lease Agreement (Petco Animal Supplies Inc), Ground Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all federal, state and local laws, ordinances and regulations relating to or involving the use, generation, manufacture, storage, discharge, release, disposal or transportation of any materials, substances or wastes which are considered to be or may be hazardous to human health or safety or to the environment due to their radioactivity, ignitability, corrositivity, reactivity, carcinogenicity, infectiousness or other harmful or potential harmful properties and which are defined as or included within the definition of “hazardous materials,” “toxic substances” or “chemicals known to cause cancer or reproductive toxicity” under any Hazardous Materials Laws (collectively, “Hazardous Materials”). All laws, ordinances and regulations relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presencedischarge, release, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating are collectively referred to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all herein as “Hazardous Materials Laws”. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought uponin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises by Tenant or Tenant's Agents, in complete total conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall shall, at its own Tenant’s sole cost and expense, cause all Hazardous Materials (to brought or allowed on the extent such Hazardous Materials are generated, stored, released or disposed of Premises during the Lease Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, in or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Premises or the Improvements on the Land and/or the Expansion Land Premises, without first notifying Landlord of Tenant's ’s intention to do so and affording Landlord Lessor ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest ’s interests with respect thereto.
Appears in 2 contracts
Samples: Lease (Control4 Corp), Lease (Control4 Corp)
Compliance with Hazardous Materials Laws. Tenant shall will not cause or knowingly and intentionally permit any Hazardous Materials Material to be brought upon, kept, generated or used in connection with on the Premises or by Tenant, its agents, employees or contractors Project in a manner or for a purpose prohibited by or which that could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Law; provided, however, in no event shall Tenant shall, at its own expense, at all times and in all respects comply with all Hazardous Materials Laws relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of allow any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted Material to be brought upon, kept, generated or used in connection with on the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Project other than those Hazardous Materials to be removed from for which Tenant has received Landlord's prior written consent (other than small quantities of cleaning or other/industrial supplies as are customarily used by a tenant in the Premises and/or the Expansion Land ordinary course in a general office facility). Tenant, at its sole cost and transported in accordance expense, will comply with (and in compliance with obtain all permits required under) all Hazardous Materials Laws. Tenant shall in all respects, handlegroundwater wellhead protection laws, treatstorm water management laws, deal with and manage any and all Hazardous Materials that are brought uponfire protection provisions, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding practice relating to the presence, storage, transportation, disposal, release or management of such Hazardous MaterialsMaterials in, on, under or about the Project that Tenant brings upon, keeps, generates or uses on the Project (including, without limitation, but subject to this Section 10.2, immediate remediation of any Hazardous Materials in, on, under or about the Project that Tenant brings upon, keeps, generates or uses on the Project in compliance with Hazardous Materials Laws) and in no event shall Tenant allow any liens or encumbrances pertaining to Tenant's use of Hazardous Materials to attach to any portion of the Project. Upon On or before the expiration or earlier termination of this Lease, Tenant shall Tenant, at its own sole cost and expense, cause all will completely remove from the Project (regardless whether any Hazardous Materials (to the extent such Hazardous Materials are generatedLaw requires removal), stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Project. Tenant shall will not take any remedial action in response to the presence of any Hazardous Materials in, in on, under or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandProject, nor enter into (or commence negotiations with respect to) any settlement agreement, consent, consent decree or other compromise in with respect to any claims relating to or in any way connected with Hazardous Materials in, on, under or about the Premises or the Improvements on the Land and/or the Expansion Land Project, without first notifying Landlord of Tenant's intention to do so and affording Landlord ample reasonable opportunity to investigate, appear, intervene or and otherwise appropriately assert and protect Landlord's interest in the Project. Landlord shall have the right from time to time to inspect the Premises to determine if Tenant is in compliance with respect theretothis Section 10.2.
Appears in 2 contracts
Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)
Compliance with Hazardous Materials Laws. Tenant shall will not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, kept or used in connection with on the Premises or by Tenant, its agents, employees or contractors Property in a manner or for a purpose prohibited by or which that could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shallTenant, at its own sole cost and expense, at all times and in all respects will comply with all Hazardous Materials Laws and prudent industry practice relating to the industrial hygienepresence, environmental protection or the use, analysis, generation, manufacturetreatment, storage, presencetransportation, disposal disposal, release or transportation management of any Hazardous Materials brought thereon by in, on, under or about the Property required for Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions ’s use of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage will notify Landlord of any and all Hazardous Materials that (excluding reasonable quantities of office cleaning or other office supplies as are brought customarily used by a tenant in the ordinary course in a general office facility) Tenant brings upon, knowingly and intentionally permitted to be brought upon, kept, keeps or used in connection with uses on the Premises by Tenant Property. On or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding before the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall Tenant, at its own sole cost and expense, cause all will completely remove from the Property (regardless whether any Hazardous Materials (to the extent such Hazardous Materials are generatedLaw requires removal), stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Property. Tenant shall will not take any remedial action in response to the presence of any Hazardous Materials Tenant causes to be in, on, under or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandProperty, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims Claims relating to or in any way connected with Hazardous Materials Tenant causes to be in, on, under or about the Premises or the Improvements on the Land and/or the Expansion Land Property without first (a) notifying Landlord of Tenant's ’s intention to do so so, and (b) affording Landlord ample reasonable opportunity to investigate, appear, intervene or and otherwise appropriately assert and protect Landlord's ’s interest in the Property. Tenant acknowledges that medical waste and materials, including sharps, blood and bodily fluids, waste pharmaceuticals, controlled substances and other chemicals, cannot be disposed of along with normal office trash. Tenant will be solely responsible for the proper storage, use and disposal of all medical waste and materials brought upon, kept, used or generated on the Premises, and will strictly comply with all Colorado Department of Public Health and Environment requirements with respect theretothereto and all other applicable Laws. Tenant will indemnify, defend and hold harmless Landlord from and against any and all Claims arising from or relating to any Hazardous Materials that Tenant causes to be present in, on, under or about the Property. Tenant’s obligations under this Section 5.1 will survive the expiration or earlier termination of the Term.
Appears in 1 contract
Samples: Office Lease Agreement
Compliance with Hazardous Materials Laws. Tenant shall will not cause or knowingly and intentionally permit any Hazardous Materials Material to be brought upon, kept, kept or used in connection with on the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which that could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials LawsLaw. Tenant shallTenant, at its own sole cost and expense, at all times and in all respects will comply with all Hazardous Materials Laws and prudent industry practice relating to the industrial hygienepresence, environmental protection or the use, analysis, generation, manufacturetreatment, storage, presencetransportation, disposal disposal, release or transportation management of any Hazardous Materials brought thereon by Tenantin, its agentson, employees, under or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with about the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage will notify Landlord of any and all Hazardous Materials that are brought Tenant brings upon, knowingly and intentionally permitted to be brought upon, kept, keeps or used in connection with uses on the Premises by Tenant Premises. On or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding before the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall Tenant, at its own sole cost and expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed will completely remove from the Premises and/or the Expansion Land and transported for use(regardless whether any Hazardous Materials Law requires removal), storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Premises. Tenant shall will not take any remedial action in response to the presence of any Hazardous Materials in, on, under or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandPremises, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims relating to or in any way connected with Hazardous Materials in, on, under or about the Premises or the Improvements on the Land and/or the Expansion Land Premises, without first notifying Landlord of Tenant's intention to do so and affording Landlord ample reasonable opportunity to investigate, appear, intervene or and otherwise appropriately assert and protect LandlordXxxxxxxx's interest with respect thereto.in the Premises. As used herein “Hazardous Material” shall mean any of the following, in any amount: (a) any petroleum or petroleum product, asbestos in any form, urea formaldehyde and polychlorinated biphenyls; (b) any radioactive substance; (c) any toxic, infectious, reactive, corrosive, ignitable or flammable chemical or chemical compound; and
Appears in 1 contract
Samples: Ground Lease
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects with respect to its activities on the Demised Premises, and with respect to any other activities which have an affect upon the Demised Premises, comply with all federal, state and local laws, ordinances and regulations (“Hazardous Materials Laws Laws”) relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials brought thereon by Tenantoil, its agentspetroleum products, employeesflammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or contractorsother hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” under any such laws, ordinances or regulations (collectively, “Hazardous Materials”). Tenant shall, shall at its own expense, expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to required for Tenant’s use of the Demised Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Notwithstanding the preceding sentence, the Landlord shall, at its expense, procure any such permits required for the construction of the Improvements. Except as discharged into the sanitary sewer in strict accordance and conformity with all applicable Hazardous Materials that are brought uponLaws, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Demised Premises and/or the Expansion Land and transported in accordance with and in compliance with all solely by duly licensed haulers to duly licensed facilities for final disposal of such Hazardous Materials Lawsand wastes. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought uponin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Demised Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. All reporting obligations to the extent imposed upon Tenant by Hazardous Materials Laws are solely the responsibility of Tenant. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of on the Demised Premises during the Term of this Lease by Tenant or Tenant's AgentsLease) to be removed from the Demised Premises and/or the Expansion Land (unless such removal is not permitted by Hazardous Materials Laws) and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials LawsLaw. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Demised Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any way connected with the Demised Premises or the Landlord’s Improvements on the Land and/or the Expansion Land without first notifying Landlord of Tenant's ’s intention to do so and affording Landlord ample opportunity thirty (30) days to appear, intervene or otherwise appropriately assert and protect Landlord's ’s interest with respect thereto. In addition, at Landlord’s request, at the expiration of the Term of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Demised Premises during the Term of this Lease and which contain, have contained or are contaminated with, Hazardous Materials. Tenant shall immediately notify Landlord in writing of (a) any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any person against Landlord, or the Demised Premises, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (c) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Demised Premises or with respect to any Hazardous Materials removed from the Demised Premises, including, any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Demised Premises or Tenant’s use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Law), Tenant shall promptly deliver to Landlord lists of Hazardous Waste used by Tenant on the Demised Premises reflecting the legal and proper disposal of all such Hazardous Materials removed or to be removed from the Demised Premises. All such lists shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord.
Appears in 1 contract
Samples: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)
Compliance with Hazardous Materials Laws. Tenant and its tenants, agents, contractors, employees, assignees, sublessees, licensees, concessionaires, and invitees shall not cause or knowingly strictly comply with, and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with shall maintain the Premises or by Tenantin compliance with, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the all Hazardous Materials Laws. Tenant shall, at its own expense, at all times shall obtain and in all respects comply with all Hazardous Materials Laws relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in full force and effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with required for Tenant’s operations on the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause under any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materialsshall comply with all terms and conditions thereof. Upon expiration or earlier termination of this LeaseAt Landlord’s request, Tenant shall at its own expensedeliver copies of, cause or allow Landlord to inspect, all Hazardous Materials (to the extent such Hazardous Materials are generatedpermits, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land licenses and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Lawsapprovals. Tenant shall not take perform any monitoring, investigation, clean-up, removal or other remedial work including, without limitation, the preparation and implementation of any closure, remedial action or other required plans in connection therewith (collectively, “Remedial Work”) in response to the presence of any Hazardous Materials in, on, in or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandPremises, nor enter into any settlement agreement, consent, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Premises or the Improvements on the Land and/or the Expansion Land Premises, without first notifying Landlord of Tenant's ’s intention to do so and affording Landlord ample opportunity to appear, intervene appear or otherwise appropriately assert and protect Landlord's ’s interest with respect thereto.. Landlord shall have the right to intervene in any governmental action or proceeding involving any Remedial Work, and to approve performance of the work, in order to protect Landlord’s interests. Upon Landlord’s approval of the work to be performed, Tenant shall perform any Remedial Work required as a result of any release or discharge by Tenant or any assignee or sublessee of Tenant or their respective agents, contractors, employees, licensees, concessionaires, or invitees of Hazardous Materials affecting the Premises or any violation of Hazardous Materials Laws by Tenant or any assignee or sublessee of Tenant or their respective agents, contractors, employees, licensees, concessionaires, or invitees. Should Tenant violate the provisions of this Article 11 or fail to perform any Remedial Work which is necessary or appropriate as a result of any governmental order, investigation or proceeding, and such violation or failure is not corrected within 30 days after Notice by Landlord (provided, however, if such failure or violation cannot reasonably be cured within such 30 day period, then Tenant, as the case may be, shall submit a plan for correction of such failure/violation within such 30 day period, and shall complete such corrective action as soon as reasonably possible thereafter), then Landlord may, but shall not be obligated to, remedy such violation or perform such Remedial Work at Tenant’s expense. If Landlord remedies Tenant’s violation of this Article 11 or performs Remedial Work on Tenant’s behalf, Tenant shall promptly pay Landlord the actual and direct third party cost of same, together with interest thereon at the Agreed Rate from the date of payment by Landlord. As used herein, the “Agreed Rate” shall mean the lesser of (a) the prime interest rate charged by Xxxxx Fargo
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall not cause With respect to any substances defined as or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials” or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability “toxic substances” under any applicable lawfederal, regulationstate or local laws, rule ordinances or ordinance, regulations (including, without limitation, the friable asbestos and asbestos deemed hazardous by federal or state regulations) (such substances collectively referred to hereinafter as “Hazardous Materials” and such laws, ordinances and regulations together with all rules, orders and permits pursuant thereto collectively referred to hereinafter as “Hazardous Materials Laws. Tenant shall”), Mortgagor:
(a) represents that (except as to Hazardous Materials violations that have been remedied as required by governmental authorities having jurisdiction of the matter) neither Mortgagor nor any affiliate, employee, or agent of Mortgagor nor, to the best of Mortgagor’s knowledge, any of Mortgagor’s predecessors in title (i) has ever stored, buried, installed, transported, treated or disposed of any Hazardous Materials at, to or from the property in violation of any applicable Hazardous Materials Laws, (ii) has ever caused or was legally responsible for the release, discharge, emission, leak, spill or dumping of any Hazardous Materials at its own expenseor from the property except for those releases allowed under applicable Hazardous Materials Laws, or (iii) has ever received notification from any federal, state or other governmental authority of the presence or potential or actual release of any Hazardous Materials at all times and in all respects or from the property;
(b) covenants to (i) comply with all applicable Hazardous Materials Laws relating with respect to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, transmission, presence, disposal discharge and removal of Hazardous Materials at or transportation from the property, (ii) pay promptly when due the costs of any required removal of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect from the property and comply with all conditions to keep the property free of any lien imposed pursuant to any Hazardous Materials Laws, and all permits, licenses and other governmental and (iii) notify Beneficiary promptly in writing of the commencement of any legal or regulatory approvals proceedings relating to Hazardous Materials that are brought uponaffecting the property; and
(c) agrees to indemnify and to hold harmless Beneficiary, knowingly its officers, employees, agents, successors and intentionally permitted assigns (the “Indemnitees”) from and against, and to be brought uponreimburse the Indemnitees with respect to, keptany and all claims, demands, causes of action, loss, damage, liabilities, costs, and expenses (including attorneys’ fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by the Indemnitees at any time or from time to time, whether as beneficiary under the Deed of Trust, as mortgagee in possession, or used as successor-in-interest to Mortgagor by foreclosure deed or deed in lieu of foreclosure, by reason of or arising out of any violation of any Hazardous Materials Laws (including, without limitation, all claims, demands, loss, damage, liabilities, costs and expenses in connection with the Premises and/or presence on the Expansion Land by Tenant property or Tenant's agentsrelease from or to the property of Hazardous Materials disposed of or otherwise released), employeesregardless of whether the act, omission, event, or contractors circumstance constituted a violation of applicable law at the time of existence or occurrence. Mortgagor’s obligations hereunder shall arise upon the discovery of the presence of any Hazardous Materials, whether or not any federal agency or any state or local environmental agency has taken or threatened any action in connection with the presence of any Hazardous Materials. The foregoing indemnity shall survive the repayment of the indebtedness secured hereby and the release of the lien of the Deed of Trust and shall survive the transfer of any or all right, title and interest in and to the property by Mortgagor to any other party. In the event Mortgagor fails, after reasonable notice, to pay any amounts described in clause ("Tenant's Agents"b)(ii) and Tenant immediately above, Beneficiary may, but shall not be obligated to, cause any and all said the Hazardous Materials to be removed from the Premises and/or property and the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management cost of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant removal shall at its own expense, cause all Hazardous Materials (be added to the extent indebtedness secured hereby (regardless of whether such Hazardous Materials are generated, stored, released or disposed addition increases the outstanding balance of during the Term indebtedness secured hereby to an amount in excess of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence face amount of any Hazardous Materials innotes described herein). Beneficiary shall have the right at reasonable times and reasonable intervals, onfollowing reasonable advance notice to Mortgagor, about to conduct an environmental audit of the property and Mortgagor shall cooperate in the conduct of such environmental audit, Mortgagor shall pay the cost of environmental audits of the property conducted for the benefit or under at the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any way connected with the Premises or the Improvements on the Land and/or the Expansion Land without first notifying Landlord request of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect theretoBeneficiary.
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall not cause comply with all federal, state and local laws, ordinances, codes, regulations, orders and decrees, as they now exist or knowingly and intentionally permit any Hazardous Materials to be brought uponare hereafter amended, keptincluding all policies, interpretations, guidelines, directions, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the recommendations ("Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all Hazardous Materials Laws ") relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, release, disposal or transportation of any petroleum products, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminating or polluting materials, substances or wastes, including any materials defined as "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" (collectively, "Hazardous Materials") under any such Hazardous Materials brought thereon by Tenant, its agents, employees, or contractorsLaws. Tenant shall, shall at its own expense, expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating required for Tenant's use of the Premises, including discharge of (appropriately treated) materials or waste into any sanitary sewer system serving the Premises. Tenant shall operate the Premises in a manner designed to prevent the release of any Hazardous Materials. If any release of any quantity of Hazardous Materials that are brought uponoccurs in, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises and/or the Expansion Land of which Tenant is or becomes aware, Tenant shall promptly notify all appropriate governmental agencies and Landlord. Tenant shall promptly and fully investigate, remediate and remove all Hazardous Materials released by Tenant or Tenant's agents, its employees, agents or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported invitees, in accordance with all applicable governmental requirements and in compliance with all Hazardous Materials Lawsshall restore the affected portions of the Project. Tenant shall promptly provide Landlord with copies of all reports, analyses and correspondence in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws possession relating to such release and prudent industry practices regarding the management of such Hazardous Materialsremediation thereof. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to located in, on, under or about the extent such Hazardous Materials are generated, stored, released Premises as a result of the acts or disposed omissions of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Premises and/or the Expansion Land or in any Improvements situated on in the Land and/or the Expansion LandProject, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims relating to any way connected with the Premises or the Improvements on the Land and/or the Expansion Land Project without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. At the expiration or earlier termination of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Premises (except for any placed by Landlord) during the term of this Lease and which contain, have contained or are contaminated with, Hazardous Materials. Tenant shall notify Landlord in writing immediately upon receiving notice of: (a) any enforcement, clean-up, removal or other governmental or regulatory action affecting the Premises instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any person against Tenant, Landlord or the Premises, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials in, on, or about the Premises; and (c) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Premises or with respect to any Hazardous Materials removed from the Premises. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant's use thereof. Upon written request of Landlord, Tenant shall promptly deliver to Landlord copies of hazardous waste manifests, if Tenant is required by applicable law to obtain such manifests, reflecting the legal and proper disposal of all such Hazardous Materials removed or to be removed from the Premises. All such manifests shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord.
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all federal, state and local laws, ordinances and regulations ("Hazardous Materials Laws Laws") relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials brought thereon by Tenantoil, its agentspetroleum products, employeesflammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or contractorsother hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). Upon execution and delivery of this Lease, Tenant shall execute and deliver to Landlord the questionnaire attached as Exhibit "F" to this Lease. Tenant shall, shall at its own expense, expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to required for Tenant's use of the Demised Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Except as discharged into the sanitary sewer in strict accordance and conformity with all applicable Hazardous Materials that are brought uponLaws, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Demised Premises and/or the Expansion Land and transported in accordance with and in compliance with all solely by duly licensed haulers to duly licensed facilities for final disposal of such Hazardous Materials Lawsand wastes. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought uponin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Demised Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. All reporting obligations to the extent imposed upon Tenant by Hazardous Materials Laws are solely the responsibility of Tenant. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term term of this Lease by Tenant or Tenant's Agents) to be removed from the Demised Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Demised Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any way connected with the Demised Premises or the Landlord's Improvements on the Land and/or the Expansion Land without first notifying Landlord of Tenant's intention to do so and affording Landlord ample reasonable opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. In addition, at Landlord's request, at the expiration of the term of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Demised Premises during the term of this Lease and which contain, have contained or are contaminated with, Hazardous Materials. Tenant shall immediately notify Landlord in writing of (a) any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any person against Landlord, or the Demised Premises, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (c) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Demised Premises or with respect to any Hazardous Materials removed from the Demised Premises, including, any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, with copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Demised Premises or Tenant's use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Law), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests reflecting the legal and proper disposal of all such Hazardous Materials removed or to be removed from the Demised Premises. All such manifests shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord.
Appears in 1 contract
Samples: Net Lease Agreement (Merix Corp)
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors on the Property in a manner or for a purpose prohibited by by, or which that could result in liability under under, any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials LawsLaw. Tenant shallTenant, at its own sole cost and expense, at all times and in all respects shall comply with all Hazardous Materials Laws relating to the industrial hygienepresence, environmental protection or the use, analysis, generation, manufacturetreatment, storage, presencetransportation, disposal disposal, release, or transportation management of any Hazardous Materials brought thereon by Tenant, its agentsor by any employee, employeesagent, consultant, or contractors. other person acting for or on behalf of Tenant shall(“Tenant Parties”) in, at its own expenseon, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, under or used in connection with about the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials LawsProperty. Tenant shall promptly notify Landlord in all respects, handle, treat, deal with and manage writing of any and all Hazardous Materials Tenant (or any Tenant Party) brings upon, keeps, or uses in the Premises or on the Property (other than small quantities of office cleaning supplies or other office supplies that are brought upon, knowingly and intentionally permitted to be brought upon, kept, customarily used by a tenant in the ordinary course of occupying a general office building). On or used in connection with before the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall Tenant, at its own sole cost and expense, cause all shall completely remove from the Property (regardless whether any Hazardous Materials (to the extent such Hazardous Materials are generatedLaw requires removal), stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws, all Hazardous Materials that Tenant or any Tenant Party caused to be present in, on, under or about the Property. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, under, or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandProperty, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims Claims relating to or in any way connected with Hazardous Materials present in, on, under, or about the Premises Property as the result of any act or the Improvements on the Land and/or the Expansion Land omission by Tenant or any Tenant Party, without first notifying Landlord of Tenant's ’s intention to do so and affording Landlord ample a reasonable opportunity to investigate, appear, intervene or in, and otherwise appropriately assert and protect Landlord's ’s interest with respect theretoin the Property.
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall will not cause or knowingly and intentionally permit any Hazardous Materials Material to be brought upon, kept, kept or used in connection with on the Premises or by Tenant, its agents, employees or contractors Property in a manner or for a purpose prohibited by or which that could reasonably result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials LawsLaw. Tenant shallTenant, at its own sole cost and expense, at all times and in all respects will comply with all Hazardous Materials Laws and prudent industry practice relating to the industrial hygienepresence, environmental protection or the use, analysis, generation, manufacturetreatment, storage, presencetransportation, disposal disposal, release or transportation management of any Hazardous Materials brought thereon by Tenantin, its agentson, employeesunder or about the Property that Tenant brings upon, keeps or contractors. Tenant shall, at its own expense, procure, maintain in effect uses on the Property and comply with all conditions will notify Landlord of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought Tenant brings upon, knowingly keeps or uses on the Property (other than small quantities of office cleaning or other office supplies and intentionally similar materials as are customarily used by a tenant in the ordinary course for the permitted to be brought uponuse). On or before the Expiration Date or earlier termination of this Lease, keptTenant, or used in connection with at its sole cost and expense, will completely remove from the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors Property ("Tenant's Agents") and Tenant shall cause regardless whether any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and Law requires removal), in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted Tenant causes to be brought uponpresent in, kepton, under or used in connection with about the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials LawsProperty. Tenant shall will not take any remedial action in response to the presence of any Hazardous Materials in, in on, under or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandProperty, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims Claims relating to or in any way connected with Hazardous Materials in, on, under or about the Premises or the Improvements on the Land and/or the Expansion Land Property, without first notifying Landlord of Tenant's ’s intention to do so and affording Landlord ample reasonable opportunity to investigate, appear, intervene or and otherwise appropriately assert and protect Landlord's ’s interest in the Property. Landlord, at its sole cost and expense, will comply with respect theretoall Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Property that Landlord brings upon, keeps or uses on the Property and will notify Tenant of any and all Hazardous Materials Landlord brings upon, keeps or uses on the Property (other than small quantities of office cleaning or other office supplies as are customarily used by a landlord in the ordinary course of operating and maintaining office buildings and site facilities).
Appears in 1 contract
Samples: Office Lease Agreement (Premiere Global Services, Inc.)
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with will all federal, state and local laws, ordinances and regulations relating to or involving the use, generation, manufacture, storage, discharge, release, disposal or transportation of any materials, substances or wastes which are considered to be or may be hazardous to human health or safety or to the environment due to their radioactivity, ignitability, corrositivity, reactivity, carcinogenicity, infectiousness or other harmful properties and which are defined as or included within the definition of "hazardous materials," "toxic substances" or "chemical known to cause cancer or reproductive toxicity" under any Hazardous Materials Laws (collectively, "Hazardous Materials"). All laws, ordinances and regulations relating to the industrial hygiene, environmental protection protection, or the use, analysis, generation, manufacture, storage, presencedischarge, release, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating are collectively referred to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors (herein as "Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws". Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought uponin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises by Tenant or Tenant's Agents, in complete total conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall shall, at its own Tenant's sole cost and expense, cause all Hazardous Materials (to brought or allowed on the extent such Hazardous Materials are generated, stored, released or disposed of Premises during the Term of this Lease by Tenant or Tenant's Agents) lease term to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, in or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Premises or the Improvements on the Land and/or the Expansion Land Premises, without first notifying Landlord of Tenant's intention to do so and affording Landlord Lessor ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest interests with respect theretohereto.
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all federal, state and local laws, ordinances and regulations relating to or involving the use, generation, manufacture, storage, discharge, release, disposal or transportation of any materials, substances or wastes which are considered to be or may be hazardous to human health or safety or to the environment due to their radioactivity, ignitability, corrositivity, reactivity, carcinogenicity, infectiousness or other harmful or potential harmful properties and which are defined as or included within the definition of "hazardous materials," "toxic substances" or "chemicals known to cause cancer or reproductive toxicity" under any Hazardous Materials Laws (collectively, "Hazardous Materials"). All laws, ordinances and regulations relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presencedischarge, release, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating are collectively referred to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors (herein as "Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws". Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought uponin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises by Tenant or Tenant's Agents, in complete total conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall shall, at its own Tenant's sole cost and expense, cause all Hazardous Materials (to brought or allowed on the extent such Hazardous Materials are generated, stored, released or disposed of Premises during the Lease Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, in or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Premises or the Improvements on the Land and/or the Expansion Land Premises, without first notifying Landlord of Tenant's intention to do so and affording Landlord Lessor ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest interests with respect thereto.
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall not cause or knowingly and intentionally permit any Hazardous Materials to be brought upon, kept, or used in connection with the Premises or by Tenant, its agents, employees employees, contractors or contractors invitees in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all Hazardous Materials Laws relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractorsMaterials. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials that are brought uponwithin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises and/or the Expansion Land by Tenant or required for Tenant's agentsuse of the Premises, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought uponin, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's agents, employees, contractors or invitees ("Tenant's Agents")) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion Land, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to or in any way connected with the Premises or the Landlord's Improvements on the Land and/or the Expansion Land without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto.
Appears in 1 contract
Compliance with Hazardous Materials Laws. Tenant shall not cause comply with all federal, state and local laws, ordinances, codes, regulations, orders and decrees, as they now exist or knowingly and intentionally permit any Hazardous Materials to be brought uponare hereafter amended, keptincluding all policies, interpretations, guidelines, directions, or used in connection with the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the recommendations ("Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all Hazardous Materials Laws ") relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, release, disposal or transportation of any petroleum products, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminating or polluting materials, substances or wastes, including any materials defined as "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" (collectively, "Hazardous Materials") under any such Hazardous Materials brought thereon by Tenant, its agents, employees, or contractorsLaws. Tenant shall, shall at its own expense, expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating required for Tenant's use of the Premises, including discharge of (appropriately treated) materials or waste into any sanitary sewer system serving the Premises. Tenant shall operate the Premises in a manner designed to prevent the release of any Hazardous Materials. If any release of any quantity of Hazardous Materials that are brought uponoccurs in, knowingly and intentionally permitted to be brought uponon, kept, under or used in connection with about the Premises and/or the Expansion Land of which Tenant is or becomes aware, Tenant shall promptly notify all appropriate governmental agencies and Landlord. Tenant shall promptly and fully investigate, remediate and remove all such Hazardous Materials released by Tenant or Tenant's agents, its employees, agents or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported invitees, in accordance with all applicable governmental requirements and in compliance with all Hazardous Materials Lawsshall restore the affected portions of the Park. Tenant shall promptly provide Landlord with copies of all reports, analyses and correspondence in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used in connection with the Premises by Tenant or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws possession relating to such release and prudent industry practices regarding the management of such Hazardous Materialsremediation thereof. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to located in, on, under or about the extent such Hazardous Materials are generated, stored, released Premises as a result of the acts or disposed omissions of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Premises and/or the Expansion Land or in any Improvements situated on in the Land and/or the Expansion LandPark, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims relating to any way connected with the Premises or the Improvements on the Land and/or the Expansion Land Park without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. At the expiration or earlier termination of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Premises (except for any placed by Landlord) during the term of this Lease and which contain, have contained or ate contaminated with, Hazardous Materials. Tenant shall notify Landlord in writing immediately upon receiving notice of (a) any enforcement, clean-up, removal or other governmental or regulatory action effecting the Premises instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any person against Tenant, Landlord or the Premises, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (c) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Premises or with respect to any Hazardous Materials removed from the Premises. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant's use thereof. Upon written request of Landlord, Tenant shall promptly deliver to Landlord copies of hazardous waste manifests, if Tenant is required by applicable law to obtain such manifests, reflecting the legal and proper disposal of all such Hazardous Materials removed or to be removed from the Premises. All such manifests shall list Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord.
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Compliance with Hazardous Materials Laws. Tenant shall will not cause or knowingly and intentionally permit any Hazardous Materials Material to be brought upon, kept, kept or used in connection with on the Premises or by Tenant, its agents, employees or contractors in a manner or for a purpose prohibited by or which that could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials LawsLaw. Tenant shallTenant, at its own sole cost and expense, at all times and in all respects will comply with all Hazardous Materials Laws and prudent industry practice relating to the industrial hygienepresence, environmental protection or the use, analysis, generation, manufacturetreatment, storage, presencetransportation, disposal disposal, release or transportation management of any Hazardous Materials brought thereon by Tenantin, its agentson, employees, under or contractors. about the Premises that Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought brings upon, knowingly and intentionally permitted to be brought upon, kept, keeps or used in connection with uses on the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage will notify Landlord of any and all Hazardous Materials that are brought Tenant brings upon, knowingly and intentionally permitted to be brought upon, kept, keeps or used in connection with uses on the Premises (other than small quantities of office cleaning or other office supplies as are customarily used by Tenant a tenant in the ordinary course in a general office facility). On or Tenant's Agents, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding before the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall Tenant, at its own sole cost and expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed will completely remove from the Premises and/or the Expansion Land and transported for use(regardless whether any Hazardous Materials Law requires removal), storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Premises. Tenant shall will not take any remedial action in response to the presence of any Hazardous Materials in, in on, under or about or under the Premises and/or the Expansion Land or in any Improvements situated on the Land and/or the Expansion LandPremises, nor enter into any settlement agreement, consent, consent decree or other compromise in with respect to any claims claims, actions, demands, liabilities, damages, costs, penalties, forfeitures, losses or expenses (“Claims”) relating to or in any way connected with Hazardous Materials in, on, under or about the Premises or the Improvements on the Land and/or the Expansion Land without first notifying Landlord of Tenant's ’s intention to do so and affording Landlord ample reasonable opportunity to investigate, appear, intervene or and otherwise appropriately assert and protect Landlord's ’s interest in the Premises. Tenant shall cooperate with respect thereto.Landlord and permit Landlord and all governmental authorities having jurisdiction reasonable access to the Premises for purposes of conducting any environmental monitoring required by applicable Hazardous Materials Laws. INDUSTRIAL LEASE - 5
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Samples: Industrial Lease (1847 Holdings LLC)
Compliance with Hazardous Materials Laws. Tenant shall not comply and cause or knowingly and intentionally permit (i) its Agents, (ii) all Persons under any Hazardous Materials Sublease, (iii) to be brought upon, kept, or used in connection with the Premises or extent reasonably controllable by Tenant, its agentsall Invitees or other Persons entering upon the Premises, employees or contractors in a manner or for a purpose prohibited by or which could result in liability under any applicable lawand (iv) the Premises and the Improvements, regulation, rule or ordinanceto comply with all Hazardous Materials Laws and prudent business practices, including, without limitation, the Hazardous Materials Laws. Tenant shallany deed restrictions, at its own expensedeed notices, at all times and in all respects comply with all Hazardous Materials Laws relating to the industrial hygiene, environmental protection soils management plans or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials brought thereon by Tenant, its agents, employees, or contractors. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used certification reports required in connection with the Premises and/or the Expansion Land by Tenant or Tenant's agents, employees, or contractors ("Tenant's Agents") and Tenant shall cause approvals of any and all said Hazardous Materials to be removed from the Premises and/or the Expansion Land and transported in accordance with and in compliance with all Hazardous Materials Laws. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials that are brought upon, knowingly and intentionally permitted to be brought upon, kept, or used regulatory agencies in connection with the Premises by Tenant or Tenant's Agentsany Improvements; provided that, in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination notwithstanding any other provision of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (not be obligated to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant or Tenant's Agents) to be removed from the Premises and/or the Expansion Land and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to remediate the presence of any Hazardous Materials inconditions existing in or on the Premises prior to the Effective Date except to the extent that Tenant or its Agents disturb or exacerbates such pre-existing conditions or to the extent that the Handling or Remediation of such pre-existing Hazardous Materials is required by Regulatory Agencies having jurisdiction as a result of activities or uses of the Premises permitted or conducted by Tenant, its Subtenants, Agents or Invitees. Without limiting the generality of the foregoing, Tenant covenants and agrees that it will not, without the prior written consent of Agency, which may be given or withheld in Agency’s sole discretion, Handle, nor will it permit the Handling of Hazardous Materials on, under or about the Premises, except for (A) standard building materials and equipment that do not contain asbestos or under asbestos-containing materials, lead or polychlorinated biphenyl (PCBs); (B) gasoline and other fuel products used to transport and operate vehicles and equipment; (C) any Hazardous Materials that do not require a permit or license from, or that need not be reported to, a governmental agency, which Hazardous Materials are used in the Premises and/or construction of the Expansion Land or Improvements, and which are reported to, and approved by Agency prior to any such Handling and, in any Improvements situated on the Land and/or the Expansion Landcase, nor enter into any settlement agreement, consent, decree are used in strict compliance with all applicable laws; (D) janitorial or other compromise office supplies or materials in respect such limited amounts as are customarily used for general office purposes so long as such Handling is at all times in full compliance with all Environmental Laws; and (E) pre-existing Hazardous Materials that are required by Law or prudent business practices to any claims relating to any way connected with the Premises or the Improvements on the Land and/or the Expansion Land without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect theretobe Handled for Remediation purposes.
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