Common use of Compliance with ISRA Clause in Contracts

Compliance with ISRA. Tenant further agrees to implement and execute all of the provisions of this section in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, with respect to ISRA, Tenant agrees to use its best efforts to obtain a no further action and covenant not to xxx letter from the New Jersey Department of Environmental Protection or a “Response Action Outcome” from a “Licensed Site Remediation Professional” or to otherwise comply with the provisions of ISRA prior to the Termination Date, or, with respect to any other obligation it has under this Lease under Environmental Law. In the event Tenant fails to fully comply with the applicable provisions of ISRA or such other Environmental Law prior to the Termination Date so as to prevent the landlord from reletting the premises despite Landlord’s reasonable efforts to do so, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Further to the preceding sentence, Landlord shall make reasonable efforts to relet the Premises during Tenant’s compliance with Environmental Law, and Tenant’s obligation to pay rent pursuant to Section 24.3 shall be offset by any rent or other payments received by landlord in reletting the Premises. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental Law, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date.

Compliance with ISRA. If Tenant’s operations at the Premises subject Tenant to the requirements of ISRA, then Tenant further agrees to implement and execute all of the provisions of this section Section 11.5(b) in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, with respect Tenant’s operations at the Premises subject Tenant to the requirements of ISRA, Tenant agrees to use its best efforts fails to obtain a no further action and covenant not to xxx letter an unconditional Final Remediation Document (as defined in ISRA) from the New Jersey Department of Environmental Protection (“NJDEP”) or a “Response Action Outcome” from a “Licensed Site Remediation Professional” Professional (as defined in ISRA), as the case may be, and evidence reasonably satisfactory to Landlord that all conditions to the effectiveness of such Final Remediation Document have been fully satisfied (including, for example, evidence that the document has been executed and delivered by all parties and, if applicable, filed with NJDEP), or if Tenant fails to otherwise comply with the provisions of ISRA prior to the Termination Expiration Date, oror if, with respect to any other obligation it has under this Lease under Environmental Law. In the event , Tenant fails to fully comply with the applicable provisions of ISRA or such other Environmental Law prior to the Termination Date so as to prevent Expiration Date, in any of the landlord from reletting the premises despite Landlord’s reasonable efforts to do soforegoing cases, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Further to the preceding sentence, Landlord shall make reasonable efforts to relet the Premises during Tenant’s compliance with Environmental Law, and Tenant’s obligation to pay rent pursuant to Section 24.3 shall be offset by any rent or other payments received by landlord in reletting the Premises. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental Law, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date. Without limiting Tenant’s obligations hereunder, if NJDEP commences an audit with respect to, or otherwise challenges or disapproves, any Final Remediation Document, Tenant shall take all actions required by NJDEP and Landlord to comply with the provisions of ISRA in connection therewith.

Compliance with ISRA. Tenant further agrees to implement and execute all of the provisions of this section in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, with respect to ISRA, Tenant agrees to use its best efforts fails to obtain a no further action and covenant not to xxx letter an unconditional final remediation document (as defined in ISRA) from the New Jersey Department of Environmental Protection (“NJDEP”) or a “Response Action Outcome” from a “New Jersey Licensed Site Remediation Professional” Professional (as defined in ISRA), as the case may be, and evidence reasonably satisfactory to Landlord that all conditions to the effectiveness of such final remediation document have been fully satisfied (including, for example, evidence that the document has been executed and delivered by all required parties and, if applicable, filed with NJDEP); or if Tenant fails to otherwise comply with the provisions of ISRA prior to the Termination Date, orDate if ISRA is applicable; or if, with respect to any other obligation it has under this Lease under Environmental Law. In the event , Tenant fails to fully comply with the applicable provisions of ISRA or such other Environmental Law prior to the Termination Date so as to prevent Date, then in any of the landlord from reletting the premises despite Landlord’s reasonable efforts to do soforegoing cases, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Further to the preceding sentence, Landlord shall make reasonable efforts to relet the Premises during Tenant’s compliance with Environmental Law, and Tenant’s obligation to pay rent pursuant to Section 24.3 shall be offset by any rent or other payments received by landlord in reletting the Premises. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental Law, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date. Notwithstanding the foregoing, if Tenant’s non-compliance with ISRA or such other Environmental Law as of the Termination Date will not materially interfere with the use of the Premises and will not adversely affect marketing of the Premises or other portions of the Building for lease to “class A” office space tenants at rental rates equivalent to those then being charged by landlords for comparable space in other “class A” multi-tenant office buildings in northern New Jersey, and provided Tenant has otherwise surrendered the Premises in accordance with its obligations under this Lease, then Tenant shall not be deemed a holdover tenant and shall not be required to pay rent at the rate set forth in Section 24.3. The immediately preceding sentence shall not be deemed or construed to relieve Tenant of its obligation, if any, to fully comply with ISRA or the other Environmental Law. Without limiting Tenant’s obligations hereunder, if NJDEP commences an audit with respect to, or otherwise challenges or disapproves, any final remediation document, then Tenant shall take all actions required by NJDEP and the LSRP to comply with the provisions of ISRA in connection therewith; provided, however, Tenant shall not be permitted, without Landlord’s approval (which may be withheld in its sole discretion) to subject the Property (or any portion thereof) to any use restriction, deed notice or any other encumbrance or obligation or to impose any engineering or institutional control with respect to the Property (or any portion thereof).

Compliance with ISRA. Tenant further agrees to implement and execute all of the provisions of this section in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection the Leased Real Property located at 0000 Xxxxx Xxxxxxx Xxxx in Cinnaminson, New Jersey, the Company shall take commercially reasonable actions to comply with all applicable requirements of the New Jersey Industrial Site Recovery Act, as amended, and all regulations promulgated thereunder (a“ISRA”) abovearising from the execution and transactions contemplated by this Agreement including, ifto the extent required and applicable: (i) within five (5) days after the signing of this Agreement, with respect submitting a General Information Notice (as defined under ISRA) to ISRA, Tenant agrees to use its best efforts to obtain a no further action and covenant not to xxx letter from the New Jersey Department of Environmental Protection (“NJDEP”) identifying the Company, or a “Response Action Outcome” from Subsidiary, as the person responsible for any required remediation, (ii) retaining a “Licensed Site Remediation Professional” Professional (“LSRP”), provided that Buyer shall select the LSRP and approve the terms of the LSRP’s retention, (iii) engaging such LSRP to conduct and prepare a Preliminary Assessment (as defined under ISRA), and (iv) such other investigation or remediation required to otherwise comply achieve compliance with ISRA within required timeframes as evidence by a site-wide Response Action Outcome (as defined under ISRA). If the provisions of Company is unable to complete compliance with ISRA prior to the Termination DateClosing, or, with respect to any other obligation it has under this Lease under Environmental Law. In the event Tenant fails to fully comply with the applicable provisions of ISRA or such other Environmental Law then at least two (2) Business Days prior to Closing the Termination Date so as Company shall, subject to prevent the landlord from reletting the premises despite LandlordBuyer’s reasonable efforts to do so, Tenant will be deemed approval (such approval not to be unreasonably withheld, conditioned or delayed), execute and submit to NJDEP the following to allow the consummation of the transactions contemplated by this Agreement to occur in compliance with ISRA: (I) a holdover tenant Remediation Certification (as defined under ISRA) identifying the Company, or a Subsidiary, as the party responsible for ISRA compliance after Closing, (II) a Remediation Cost Review and Remediation Funding Source/Financial Assurance Form (as defined under ISRA), and (III) any Remediation Funding Source (as defined under ISRA) in the amount established by the LSRP required in connection with submittal of such forms. To the extent required after Closing, the Company shall pay rent at ensure that all such actions are taken as required in connection with compliance with ISRA as a result of the rate consummation of the transactions contemplated by this Agreement. As between Seller and Buyer, Buyer shall be responsible for costs and expenses relating to the undertakings set forth in this Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Further to the preceding sentence, Landlord shall make reasonable efforts to relet the Premises during Tenant’s compliance with Environmental Law, and Tenant’s obligation to pay rent pursuant to Section 24.3 shall be offset by any rent or other payments received by landlord in reletting the Premises. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental Law, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date7.21.

Compliance with ISRA. Tenant further agrees to implement and execute all of the provisions of this section in a timely manner so as to coincide with the termination of this Lease or to coincide with the vacating of the Premises by Tenant at any time during the term of this Lease. In connection with subsection (a) above, if, with respect to ISRA, Tenant agrees to use its best efforts fails to obtain a no further action and covenant not to xxx letter an unconditional final remediation document (as defined in ISRA) from the New Jersey Department of Environmental Protection (“NJDEP”) or a “Response Action Outcome” from a “New Jersey Licensed Site Remediation Professional” Professional (as defined in ISRA), as the case may be, and evidence reasonably satisfactory to Landlord that all conditions to the effectiveness of such final remediation document have been fully satisfied (including, for example, evidence that the document has been executed and delivered by all parties and, if applicable, filed with NJDEP); or if Tenant fails to otherwise comply with the provisions of ISRA prior to the Termination Date, or, with respect to ; then in any other obligation it has under this Lease under Environmental Law. In of the event Tenant fails to fully comply with the applicable provisions of ISRA or such other Environmental Law prior to the Termination Date so as to prevent the landlord from reletting the premises despite Landlord’s reasonable efforts to do soforegoing cases, Tenant will be deemed to be a holdover tenant and shall pay rent at the rate set forth in Section 24.3 and shall continue to diligently pursue compliance with ISRA and/or such other Environmental Law. Further to the preceding sentence, Landlord shall make reasonable efforts to relet the Premises during Tenant’s compliance with Environmental Law, and Tenant’s obligation to pay rent pursuant to Section 24.3 shall be offset by any rent or other payments received by landlord in reletting the PremisesISRA. Upon Tenant’s full compliance with the provisions of ISRA or of such other Environmental LawISRA, Tenant shall deliver possession of the Premises to Landlord in accordance with the provisions of this Lease and such holdover rent shall be adjusted as of said date. Without limiting Tenant’s obligations hereunder, if NJDEP commences an audit with respect to, or otherwise challenges or disapproves, any final remediation document, then Tenant shall take all actions required by NJDEP and Landlord to comply with the provisions of ISRA in connection therewith.