Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority but only to the extent such compliance is required (i) because of Tenant’s particular use of, or particular type or manner of business operations conducted by Tenant in, the Premises (as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep the Premises equipped with all safety appliances so required. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless the same is performed in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, as amended, and all other applicable codes, regulations, ordinances and laws and unless the same is performed in accordance with accepted good and safe industry standards and practices. Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “Hazardous substances” as used in this Section shall mean “hazardous substances” as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 and regulations adopted pursuant to said Act and shall include, without limitation, any biogens or organisms that are produced, stored, used or disposed of in connection with Tenant’s operations at the Premises. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, make any of the repairs, alterations, additions or replacements referred to above in this Section 10 which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs thereof within thirty (30) days after receipt of an invoice from Landlord evidencing such expenditures. Prior to the commencement of Tenant’s operations at the Premises and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisition), Tenant shall provide Landlord with a listing of any hazardous substance maintained, used or produced on the Premises by Tenant. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to Tenant, to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting the generality of the foregoing, Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates of the Food and Drug Administration (the “FDA”) applicable to Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean rooms. Tenant shall comply promptly with the commercially reasonable recommendations of any insurer of the Building which may be applicable to the Premises by reason of Tenant’s construction, use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses for the Premises. In no event shall any activity be conducted by Tenant on the Premises which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainable.
Appears in 1 contract
Samples: Lease (Avant Immunotherapeutics Inc)
Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to comply with the Premises required by requirements of any law or ordinance or any order or regulation of any public authority but only to the extent such compliance is required (i) because arising from Tenant's use of Tenant’s particular use of, or particular type or manner of business operations conducted by Tenant in, the Premises (as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep the Premises equipped with all safety appliances so required, provided, however, that Tenant shall not be required to make any repairs, alterations, additions or replacements to the Building structure or the Building systems by reason of such requirements. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless the same is performed location, other than in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 (S)6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, as amended, and all other applicable federal, state or local codes, regulations, ordinances and laws and unless the same is performed in accordance with accepted good and safe industry standards and practiceslaws. Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “"Hazardous substances” " as used in this Section shall mean “"hazardous substances” " as defined in the Comprehensive Environmental Response Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 (S)9601 et seq. and regulations adopted pursuant to said Act such Act. Tenant will provide Landlord, from time to time upon Landlord's request, with all records and shall include, without limitation, any biogens or organisms that are produced, stored, used or disposed of in connection with Tenant’s operations at the Premises. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, make any of the repairs, alterations, additions or replacements referred to above in this Section 10 which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs thereof within thirty (30) days after receipt of an invoice from Landlord evidencing such expenditures. Prior to the commencement of Tenant’s operations at the Premises and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisition), Tenant shall provide Landlord with a listing of information regarding any hazardous substance maintained, used or produced maintained on the Premises by Tenant. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to at Tenant's expense, to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting the generality of the foregoing, Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates of the Food and Drug Administration (the “FDA”) applicable to Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean rooms. Tenant shall comply promptly with the commercially reasonable recommendations of any insurer of the Building which may be applicable to the Premises by reason of Tenant’s construction, 's use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses for the Premisesthereof. In no event shall any activity be conducted by Tenant on the Premises which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainable.
Appears in 1 contract
Samples: Deed of Lease (Impac Group Inc /De/)
Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority but only to the extent such compliance is required (i) because of arising from Tenant’s particular use of, or particular type or manner of business operations conducted by Tenant in, the Premises (as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep the Premises equipped with all safety appliances so required. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless without the same is performed prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21Ec.21E, as amended, and all other applicable codes, regulations, ordinances and laws and unless (the same is performed in accordance with accepted good and safe industry standards and practices“Environmental Laws”). Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “Hazardous substances” as used in this Section shall mean “hazardous substances” as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 and regulations adopted pursuant to said Act and shall include, without limitation, any biogens or organisms that are produced, stored, used or disposed of in connection with Tenant’s operations at the PremisesAct. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, make any of the repairs, alterations, additions or replacements referred to above in this Section 10 which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs cost thereof within thirty (30) 30 days after receipt of an invoice written demand. Tenant will provide Landlord, from Landlord evidencing such expenditures. Prior time to the commencement of Tenanttime upon Landlord’s operations at the Premises request, with all records and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisition), Tenant shall provide Landlord with a listing of information regarding any hazardous substance maintained, used or produced maintained on the Premises or within the PPM Space by Tenant, as applicable. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to Tenant, right to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting the generality Section and if any of such inspections reveals contamination by hazardous substances of the foregoingBuilding, the Lot or the Premises as a result of Tenant’s operations or actions or the actions of Tenant’s agents, contractors or employees, Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates reimburse Landlord for the cost of the Food and Drug Administration performing (the “FDA”or contracting for) applicable to Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean roomssuch inspections. Tenant shall comply promptly with the commercially reasonable recommendations of any insurer of the Building insurer, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises Premises, by reason of Tenant’s construction, use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses for the Premisesthereof. In no event shall any activity be conducted by Tenant on the Premises or within the PPM Space which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainable. During its use and occupancy of the Office Space, (but not Laboratory Space) Tenant will not permit hazardous substances to be brought on or about the Premises except for normal quantities of cleaning and other business supplies customarily used and stored in an office (“Normal Materials”) and will comply with all Environmental Laws relating to the use, storage or disposal of any such hazardous substances. Tenant may also store and use in the Laboratory Space, and such portions of the PPM Space as PPM may agree to and which Tenant shall identify from time to time for Landlord, the hazardous substances listed on the Hazardous Materials Disclosure Certificate (the “Disclosure Certificate”) attached hereto as Exhibit I and customarily used for research and development uses in the quantities reflected therein provided that Tenant shall handle, store, use and dispose of any such hazardous substances in a safe manner, in compliance with all Environmental Laws (including, without limitation, obtaining, at Tenant’s sole cost and expense, any required licenses or permits required by the local fire ordinances, or any other applicable Laws and filing any necessary hazardous materials plan), and shall not allow such hazardous substances to contaminate the Premises, the PPM Space, the Building, Project or the environment. Tenant represents and warrants to Landlord that the information on the Disclosure Certificate is true and correct and accurately describes the hazardous substances which will be used or stored on or about the Laboratory Space and PPM Space by Tenant or Tenant’s Agents other than normal quantities of cleaning and other business supplies customarily used and stored in an office. Tenant shall, on each anniversary of the Term Commencement Date and at such other times as Tenant desires to use or store on or about the Premises or any portion of the PPM Space new or additional hazardous substances other than Normal Materials which were not listed on the Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of hazardous substances on or about the Laboratory Space or PPM Space, which Updated Disclosure Certificates shall be in the same format as Exhibit I or in such updated format as Landlord may reasonably require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the use or storage of new or additional hazardous substances on or about the Premises or the PPM Space, and Landlord shall have the right to approve or disapprove such new or additional hazardous substances in its reasonable discretion. Tenant shall make no use of hazardous substances on or about the Premises or the PPM Space except as described in the Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Section 9.3.
Appears in 1 contract
Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority but only to the extent such compliance is required (i) because arising from Tenant's use of Tenant’s particular use of, or particular type or manner of business operations conducted by Tenant in, the Premises (as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep the Premises equipped with all safety appliances so required. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless without the same is performed prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 ss.6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, as amendedc.21E, and all other applicable codes, regulations, ordinances and laws and unless the same is performed in accordance with accepted good and safe industry standards and practiceslaws. Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “"Hazardous substances” " as used in this Section shall mean “"hazardous substances” " as defined in the Comprehensive Environmental Response Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 ss.9601 et seq. and regulations adopted pursuant to said Act and shall include, without limitation, any biogens or organisms that are produced, stored, used or disposed of in connection with Tenant’s operations at the Premisessuch Act. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, after notice to Tenant (except in an emergency) make any of the repairs, alterations, additions additions, or replacements referred to above in this Section 10 10.3 for which Tenant is responsible which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs cost thereof within thirty (30) days after receipt of an invoice on demand. Tenant will provide Landlord, from Landlord evidencing such expenditures. Prior time to the commencement of Tenant’s operations at the Premises time upon Xxxxxxxx's request, with all records and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisition), Tenant shall provide Landlord with a listing of information regarding any hazardous substance maintained, used or produced maintained on the Premises by TenantXxxxxx. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to Tenantprior notice, to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting the generality of the foregoing, Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates of the Food and Drug Administration (the “FDA”) applicable to Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean rooms. Tenant shall comply promptly cooperate with the commercially reasonable recommendations of any insurer of the Building insurer, which may be applicable to the Premises by reason of Tenant’s construction, 's use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses for the Premisesthereof. In no event shall any activity be conducted by Tenant on the Premises which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainable.
Appears in 1 contract
Samples: Lease Agreement (Foilmark Inc)
Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority but only to the extent such compliance is required (i) because arising from Tenant's use of Tenant’s particular use of, or particular type or manner of business operations conducted by Tenant in, the Premises (as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep the Premises equipped with all safety appliances so required. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless without the same is performed prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 ss.6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21EM.G,L, c.21E, as amended, and all other applicable codes, regulations, ordinances and laws and unless the same is performed in accordance with accepted good and safe industry standards and practiceslaws. Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “, "Hazardous substances” " as used in this Section shall mean “"hazardous substances” " as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 ss.9601 and regulations adopted pursuant to said Act Act. Landlord represents to the best of Landlord's knowledge that, as of the date hereof, (i) the Premises are not in violation of any of the environmental laws, rules or regulations listed in this paragraph and shall include(ii) hazardous substances have not been released, without limitation, any biogens or organisms that are produced, stored, used discharged or disposed of in connection with Tenant’s operations at on the Premises. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, make any of the repairs, alterations, additions or replacements referred to above in this Section 10 which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs cost thereof within thirty (30) days after receipt of an invoice on demand. Tenant will provide Landlord, from Landlord evidencing such expenditures. Prior time to the commencement of Tenant’s operations at the Premises time upon Landlord's request, with all records and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisition), Tenant shall provide Landlord with a listing of information regarding any hazardous substance maintained, used or produced maintained on the Premises by Tenant. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to at Tenant's expense, to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting , provided that, except in the generality case of the foregoingemergency, Landlord shall only perform such inspections (i) upon reasonable prior notice to Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates of the Food and Drug Administration (the “FDA”ii) applicable to during Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean rooms's normal business hours. Tenant shall comply promptly with the commercially reasonable recommendations of any insurer of the Building insurer, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises Premises, by reason of Tenant’s construction, 's use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses for the Premisesthereof. In no event shall any activity be conducted by Tenant on the Premises which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainable.
Appears in 1 contract
Compliance with Law and Insurance Requirements. Tenant shall make comply with all repairslegal requirements applicable to its use of the Premises; provided, alterationshowever, additions that Tenant shall not be obligated to perform any capital improvement to or replacements to replacement of any part of the Premises required unless any such capital improvement or replacement is necessitated by any law the grossly negligent or ordinance willful acts or any order or regulation omissions of any public authority but only to Tenant occurring during the extent such compliance is required (i) because Term of Tenant’s particular use of, or particular type or manner of business operations conducted by Tenant in, the Premises (this Lease and not having been in existence as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep time of the Premises equipped with all safety appliances so requiredcommencement of the Term of this Lease. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless the same is performed location, except in compliance accordance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, as amended, and all other applicable codes, regulations, ordinances and laws and unless the same is performed in accordance with accepted good and safe industry standards and practiceslaws. Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “Hazardous substances” as used in this Section Lease shall mean “hazardous substances” as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 and regulations adopted pursuant to said Act and shall includeAct. Tenant will provide Landlord, without limitation, from time to time upon Xxxxxxxx’s request (but no more than one time during the Original Term or any biogens or organisms that are produced, stored, used or disposed of in connection with Tenant’s operations at the Premises. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, make any of the repairs, alterations, additions or replacements referred to above in this Section 10 which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs thereof within thirty (30) days after receipt of an invoice from Landlord evidencing such expenditures. Prior to the commencement of Tenant’s operations at the Premises and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisitionExtension Term), Tenant shall provide Landlord with a listing of all records and information regarding any hazardous substance maintained, used or produced substances maintained on the Premises by Tenant. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to Tenant, right to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting the generality of the foregoing, Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates of the Food and Drug Administration (the “FDA”) applicable to Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean rooms. Tenant shall comply promptly with the commercially reasonable recommendations of any insurer of the Building which may be applicable to the Premises by reason of Tenant’s construction, use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses Except for the Premises. In Permitted Uses, in no event shall any activity be conducted by Tenant on the Premises which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainable.
Appears in 1 contract
Samples: Lease (Haemonetics Corp)
Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority but only arising from Tenant's use of the Premises or alterations, improvements or additions to the extent such compliance is required (i) because of Tenant’s particular use of, or particular type or manner of business operations conducted Premises performed by Tenant in, the Premises (as opposed to biotechnology use generally) or (ii) because of Tenant’s construction, use and operation of the Controlled Areas, and shall keep the Premises equipped with all safety appliances so required. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location unless without the same is performed prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 et seq., the Massachusetts Hazardous Waste Management Act, M.G.L. c.21C, as amended, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, as amended, and all other applicable codes, regulations, ordinances and laws and unless the same is performed in accordance with accepted good and safe industry standards and practiceslaws. Tenant shall notify Landlord of any incident which would require the filing of a notice under Chapter 232 of the Acts of 1982 and shall comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health and other codes, regulations, ordinances or laws applicable to the Premises. “"Hazardous substances” " as used in this Section shall mean “"hazardous substances” " as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 and regulations adopted pursuant to said Act and shall include, without limitation, any biogens or organisms that are produced, stored, used or disposed of in connection with Tenant’s operations at the Premises. Except for repairs, alterations, additions or replacements in the Controlled Areas, Landlord may, if it so elects, make any of the repairs, alterations, additions or replacements referred to above in this Section 10 which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the actual reasonable costs thereof within thirty (30) days after receipt of an invoice from Landlord evidencing such expenditures. Prior to the commencement of Tenant’s operations at the Premises and then once annually (and more frequently, if reasonably requested by Landlord in connection with a proposed financing or acquisition), Tenant shall provide Landlord with a listing of any hazardous substance maintained, used or produced on the Premises by Tenant. Tenant shall also provide Landlord with a copy of the list of such hazardous substances that Tenant delivers to the Fall River Fire Department. Tenant shall obtain all necessary permits for its use, production, storage and disposal of hazardous substances in, on or about the Premises, the Building, the Lot or the Park and shall comply with all laws applicable thereto and shall comply with all conditions in such permits. Subject to the provisions of Section 10.6 of this Lease, Landlord shall have the right, upon reasonable advance notice to Tenant, to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section. Without limiting the generality of the foregoing, Tenant shall also comply with all applicable laws, rules, regulations, codes, ordinances and mandates of the Food and Drug Administration (the “FDA”) applicable to Tenant’s use of the Premises, including without limitation, maintaining an emergency plan and clean rooms. Tenant shall comply promptly with the commercially reasonable recommendations of any insurer of the Building which may be applicable to the Premises by reason of Tenant’s construction, use and operation of the Controlled Areas or by reason of Tenant’s particular use of the Premises, including its use, production, storage or disposal of hazardous substances, to the extent such recommendations are commercially reasonable with respect to the intended and Permitted Uses for the Premises. In no event shall any activity be conducted by Tenant on the Premises which may give rise to any cancellation of any then insurance policy of Landlord on the Building or make any such insurance unobtainableAct.
Appears in 1 contract
Samples: Lease Agreement (Broadvision Inc)