Common use of Compliance with Hazardous Materials Laws Clause in Contracts

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Property in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all 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 Tenant brings upon, keeps or uses on the Property and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted use). On or before the Expiration Date or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Property. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the Property, nor enter into any settlement agreement, consent decree or other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials in, on, under or about the Property, without first notifying Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the Property. Landlord, at its sole cost and expense, will comply with all 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).

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept kept, generated or used on the Property Building or Common Areas in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials Law; provided, however, in no event shall Tenant allow any Hazardous Material to be brought upon, kept, generated or used on the Building or Common Areas other than those Hazardous Materials for which Tenant has received Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed (other than small quantities of cleaning or other/industrial supplies as are customarily used by a tenant in the ordinary course in a general office facility). Landlord hereby consents to Tenant’s use of those Hazardous Materials listed on the attached Exhibit C. Tenant, at its sole cost and expense, will comply with (and obtain all permits required under) all Hazardous Materials Laws Laws, groundwater wellhead protection laws, storm water management laws, fire protection provisions, 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 Building or Common Areas that Tenant brings upon, keeps keeps, generates or uses on the Property and will notify Landlord Building or Common Areas (including, without limitation, but subject to this Section 10.2, immediate remediation of any and all Hazardous Materials in, on, under or about the Building or Common Areas that Tenant brings upon, keeps keeps, generates or uses on the Property (other than small quantities Building or Common Areas in compliance with Hazardous Materials Laws) and in no event shall Tenant allow any liens or encumbrances pertaining to Tenant’s use of office cleaning Hazardous Materials to attach to any portion of the Building or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted use)Common Areas. On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property Building or Common Areas (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PropertyBuilding or Common Areas. Except to the extent required by Hazardous Materials Laws, Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the PropertyBuilding or Common Areas, nor enter into (or commence negotiations with respect to) any settlement agreement, consent decree or other compromise with respect to any Claims claims relating to or in any way connected with Hazardous Materials in, on, under or about the PropertyBuilding or Common Areas, without first notifying Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the PropertyBuilding or Common Areas. Landlord, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating Subject to the presenceconfidentiality and accompaniment provisions in Section 8.5, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about Landlord shall have the Property that Landlord brings upon, keeps or uses on right from time to time to inspect the Property and will notify Premises to determine if 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 is in the ordinary course of operating and maintaining office buildings and site facilities)compliance with this Section 10.2.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought uponshall comply with, kept or used and shall maintain its operations on the Property Premises in a manner or compliance with, all applicable Hazardous Materials Laws and the requirements of Tenant’s insurers regarding Hazardous Materials and with such insurers’ recommendations based upon prudent industry practices regarding management of Hazardous Materials. Tenant shall obtain and maintain in full force and effect all permits, licenses and other governmental approvals required for a purpose prohibited by or that could reasonably result in liability Tenant’s operations on the Premises under any Hazardous Materials Law. Tenant, at its sole cost Laws and expense, will shall comply with all terms and conditions thereof. At Landlord’s request, Tenant shall deliver copies of, or allow Landlord to inspect, all such permits, licenses and approvals at a mutually convenient time and place. If Tenant or any Tenant Representative discharges or releases a Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials inMaterial at, on, in, under or about the Property that Tenant brings upon, keeps or uses on the Property and will notify Landlord Premises in violation of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted use). On or before the Expiration Date or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property (regardless whether any Hazardous Materials Law requires removal)Law, in compliance with all or any Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present inare found at, on, in, under or about the Property. Tenant will not take any remedial action Premises in response to the presence violation of any Hazardous Materials Law during the Lease Term (regardless of whether or not such Hazardous Materials shall have been present prior to the Effective Date), Tenant shall promptly perform any monitoring, investigation, clean-up, removal and other remedial work (collectively, “Remedial Work”) required by such Hazardous Materials Laws as a result of such release or discharge or presence. Landlord shall have the right to participate in any governmental action or proceeding involving any Remedial Work. Notwithstanding the foregoing, Tenant shall be entitled to seek reimbursement from any party that may have caused or contributed to any such Hazardous Materials found at, on, in, under or about the Property, nor enter into any settlement agreement, consent decree Premises and which Tenant shall have removed or other compromise remediated in accordance with respect (and to any Claims relating to or in any way connected with the extent required by) applicable Hazardous Materials inLaws, onand Landlord hereby agrees that Tenant shall be entitled to retain any successful reimbursement from any such party, under but only to the extent of the costs incurred in removal or about the Propertyremediation (including, without first notifying Landlord limitation, any reasonable in-house costs and expenses incurred by Tenant in connection with such removal or remediation that do not exceed ten percent (10%) of Tenant’s intention to do so out-of-pocket costs and affording Landlord reasonable opportunity to investigateexpenses incurred by Tenant in connection with such removal or remediation), appear, intervene and otherwise assert and protect with any balance remaining being Landlord’s interest in the Property. Landlord, at its sole cost and expense, will comply with all 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)property.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Property in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all 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 Union Station Condominium the Tenant brings upon, keeps or uses on the Property Union Station Condominium and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted usein a general office or call center facility). On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PropertyProperty other than Hazardous Materials incorporated into Improvements as a part of construction materials. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the Property, nor enter into any settlement agreement, consent decree or other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials in, on, under or about the Property, without first notifying Landlord of Tenant’s 's intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s 's interest in the Property. Landlord, at its sole cost and expense, will comply with all 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)See Section 17.10.

Compliance with Hazardous Materials Laws. Landlord covenants that on the Delivery Date, the Building and the Premises shall be free of all Hazardous Materials in reportable quantities in violation of applicable environmental laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Property Premises, the Buildings or the Shopping Center in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all 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 Premises, the Buildings or the Shopping Center that Tenant brings upon, keeps or uses on the Property Premises, the Buildings or the Shopping Center and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property Premises, the Buildings or the Shopping Center (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted usein a genera! office facility). On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property Premises, the Buildings or the Shopping Center (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PropertyPremises, the Buildings or the Shopping Center. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the PropertyPremises, the Buildings or the Shopping Center, nor enter into any settlement agreement, consent decree or other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials in, on, under or about the PropertyPremises, the Buildings or the Shopping Center, without first notifying Landlord of Tenant’s 's intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise .otherwise assert and protect Landlord’s 's interest in the PropertyPremises, the Buildings or the Shopping Center. Landlord, at its sole cost Tenant shall cooperate with Landlord and expense, will comply with 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 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)Laws.

Compliance with Hazardous Materials Laws. Tenant acknowledges that Landlord has delivered to Tenant a copy of the Phase I Environmental Site Assessment and Asbestos Survey (Job No. 2180JC273) previously prepared for the Property by Western Technologies Inc., dated August 11, 2010 (the “Phase I Report”). The Phase I Report identified the following three (3) de minimus issues: staining or leakage located at (i) the pit for Elevator #1, (ii) in the mechanical room, and (iii) around the cardboard compactor. Tenant has no obligation for the clean up or remediation of such issues. Landlord has received no written notice from any governmental authority of any uncured violation of any Hazardous Materials Law. If on or before the Commencement Date Landlord receives a notice from any governmental authority of any uncured violation of any Hazardous Materials Law, Landlord will use commercially reasonable efforts to cure such violation in accordance with applicable Hazardous Materials Law. In connection with the occupancy of and operation of the Property, each of Landlord and Tenant shall strictly comply with, and shall maintain the Premises and the Property, as applicable, in compliance with, all Hazardous Materials Laws. Tenant will not cause any Hazardous Material Materials to be brought upon, kept or used on the Property in a manner or for a any purpose prohibited by or that could reasonably result in liability under violates any Hazardous Materials LawLaws. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating related to Tenant’s use of the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Property that Tenant brings upon, keeps or uses on the Property and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted use)Property. On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, Tenant will completely remove from the Property (regardless whether any Hazardous Materials Law requires removal, but Landlord’s standard for removal shall in all events be reasonable and Landlord shall not require a higher standard of removal than would typically be applicable to properties used for commercial purposes), in compliance with all Hazardous Materials LawsLaws and at Tenant’s sole cost and expense, all Hazardous Materials Tenant causes to be present in, on, under or about the Property. Upon Landlord’s written request, Tenant will not take any remedial action in response promptly deliver to Landlord documentation acceptable to Landlord disclosing the presence nature and quantity of any Hazardous Materials in onTenant has located at the Property and evidencing the legal and proper handling, under or about the Property, nor enter into any settlement agreement, consent decree or other compromise with respect to any Claims relating to or in any way connected with storage and disposal of all Hazardous Materials in, on, under kept at or about removed or to be removed from the Property, without first notifying Property by Tenant. All such documentation will list Tenant or its agent as the responsible party and will not attribute responsibility for any such Hazardous Materials to Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the Propertyor Property Manager. Landlord, at its sole cost and expense, Tenant will comply with and is solely responsible for all reporting and warning obligations required under Hazardous Materials Laws and prudent industry practice relating arising from Tenant’s use or occupancy of the Premises or Property. Notwithstanding any provision contained herein to the presencecontrary, treatmentTenant shall be allowed, storage, transportation, disposal, release or management without the consent of Landlord but in all events in accordance with applicable Hazardous Materials inLaws, onto store, under use and dispense products, materials or about the Property that Landlord brings upon, keeps substances which may in whole or uses on the Property and will notify Tenant of any and all in part constitute toxic or Hazardous Materials Landlord brings upon, keeps but which consist of cleaning materials or uses on the Property (other than small quantities of office cleaning or other office supplies as are customarily solvents used by a landlord in the ordinary course of operating Tenant’s Permitted Use and maintaining office buildings in accordance with Hazardous Materials Laws in amounts or quantities for general use and site facilities)sale to individual retail customers.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Property Premises in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all 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 Premises that Tenant brings upon, keeps or uses on the Property Premises and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property Premises (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted usein a general office facility). On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property Premises (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PropertyPremises. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the PropertyPremises, nor enter into any settlement agreement, consent decree or other compromise 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 Property, Premises without first notifying Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the PropertyPremises. Landlord, at its sole cost Tenant shall cooperate with Landlord and expense, will comply with 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 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).Laws. INDUSTRIAL LEASE - 5

Compliance with Hazardous Materials Laws. Landlord covenants that on the Delivery Date, the Building and the Premises shall be free of all Hazardous Materials in reportable quantities in violation of applicable environmental laws. Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Property Premises, the Buildings or the Shopping Center in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all 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 Premises, the Buildings or the Shopping Center that Tenant brings upon, keeps or uses on the Property Premises, the Buildings or the Shopping Center and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property Premises, the Buildings or the Shopping Center (other than small quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for the permitted usein a general office facility). On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property Premises, the Buildings or the Shopping Center (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the PropertyPremises, the Buildings or the Shopping Center. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in on, under or about the PropertyPremises, the Buildings or the Shopping Center, nor enter into any settlement agreement, consent decree or other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials in, on, under or about the PropertyPremises, the Buildings or the Shopping Center, without first notifying Landlord of Tenant’s intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise .otherwise assert and protect Landlord’s interest in the PropertyPremises, the Buildings or the Shopping Center. Landlord, at its sole cost Tenant shall cooperate with Landlord and expense, will comply with 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 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)Laws.

Compliance with Hazardous Materials Laws. Tenant will not cause any Hazardous Material Materials to be brought upon, kept or used on the Property in a manner or for a purpose prohibited by or that could reasonably result in liability under any Hazardous Materials LawLaws. Tenant, at its sole cost and expense, will comply with all 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 Tenant brings upon, keeps or uses on required for Tenant’s use of the Property Premises and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Property (other than small excluding reasonable quantities of office cleaning or other office supplies and similar materials as are customarily used by a tenant in the ordinary course for in a general office facility) Tenant brings upon, keeps or uses on the permitted use)Property. On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Property (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, all Hazardous Materials Tenant causes to be present in, on, under or about the Property. Tenant will not take any remedial action in response to the presence of any Hazardous Materials in Tenant causes to be in, on, under or about the Property, nor enter into any settlement agreement, consent decree or other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials Tenant causes to be in, on, under or about the Property, Property without first (a) notifying Landlord of Tenant’s intention to do so so, and (b) affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the Property. LandlordTenant acknowledges that medical waste and materials, at its sole cost including sharps, blood and expensebodily 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 thereto 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 Laws and prudent industry practice relating that Tenant causes to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials be present in, on, under or about the Property that Landlord brings upon, keeps Property. Tenant’s obligations under this Section 5.1 will survive the expiration or uses on earlier termination of 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)Term.