Common use of Compliance With Laws Hazardous Materials Clause in Contracts

Compliance With Laws Hazardous Materials. (a) Tenant shall comply with all laws, ordinances, rules, orders and regulations (present, future, ordinary, extraordinary, foreseen or unforeseen) of any governmental, public or quasi-public authority and of the New York Board of Fire Underwriters and any other entity performing similar functions, at any time duly in force (collectively “Laws”), the application of which is attributable to, any work, installation, occupancy, use or manner of use by Tenant of the Premises or any part thereof, except as expressly set forth in the next sentence. Nothing contained in this Section 4.06 shall require Tenant to make any (i) structural changes or changes to the base building systems or (ii) changes to the core bathrooms (but not any private, executive or other bathrooms installed by Tenant, with respect to which Tenant shall be responsible for compliance with Laws as set forth in the first sentence of this paragraph) in the Premises, unless, in the case of either of clauses (i) or (ii), the same are necessitated by reason of Tenant’s performance of any Alterations, Tenant’s manner of use of the Premises or the use by Tenant of the Premises for purposes other than normal and customary ordinary office purposes. Tenant shall procure and maintain all licenses and permits required for its business. Notwithstanding the provisions of Section 4.06(a), Tenant, at its own cost and expense, may contest, in any manner permitted by Law, the validity or the enforcement of any Laws with which Tenant is required to comply pursuant to this Lease; provided that (A) any such contest and/or Tenant’s non-compliance with any such Laws shall not (I) subject any Landlord Indemnified Party to (x) criminal prosecution, (y) material fine or (z) any other civil liability that would adversely affect the operation of the Building or the rights of other tenants or occupants of the Building, (II) subject the Building (or any portion thereof) to lien or sale or cause, or be reasonably likely to cause, the same to be condemned or vacated or (III) be in violation of any Superior Mortgage or Superior Lease; (B) Tenant shall first deliver to Landlord a surety bond issued by a surety company of recognized responsibility, or other security reasonably satisfactory to Landlord, indemnifying and protecting Landlord and any Superior Mortgagee or Superior Lessor against any loss, cost, liability, damage or expenses (including, without limitation, interest and penalties and reasonable attorneys’ fees and disbursements) which could arise by reason of such non-compliance, which bond or other security (or the balance of the proceeds thereof, if Landlord has drawn on the same) shall be released by Landlord promptly upon resolution of such contest; and (C) Tenant shall promptly, diligently and continuously prosecute such contest and shall keep Landlord informed, on a regular basis, of the status of such contest.

Appears in 2 contracts

Samples: Lease (Intercept Pharmaceuticals Inc), Lease (Intercept Pharmaceuticals Inc)

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Compliance With Laws Hazardous Materials. (a) Subject to Landlord’s obligations under Section 4.06(b) and Section 4.06(d), Tenant shall comply with all laws, ordinances, rules, orders and regulations (present, future, ordinary, extraordinary, foreseen or unforeseen) of any governmental, public or quasi-public authority and of the New York Board of Fire Underwriters and any other entity performing similar functions, at any time duly in force (collectively “Laws”), the application of which is attributable to, any work, installation, occupancy, use or manner of use by Tenant of the Premises or any part thereof, thereof (including any services and systems as to which Tenant has elected to Self-Perform as set forth in Section 3.03) except as expressly set forth in the next sentence. Nothing contained in this Section 4.06 or any other provision of this Lease shall require Tenant to make any (i) structural changes or changes to the base building systems other Alterations or (ii) changes or other Alterations to the core bathrooms (but not any private, private or executive or other bathrooms installed by Tenantin the Premises (if any)), with respect to which Tenant shall be responsible for compliance with Laws as set forth in the first sentence of this paragraph) in the Premises, unless, in the case of either of clauses (i) or (ii), the same are necessitated by reason of Tenant’s performance of any Alterations, Alterations or Tenant’s particular manner of use (as opposed to the mere use for any Primary Use) of the Premises (including by reason of its Self-Performance of any services or the use by Tenant of the Premises for purposes other than normal and customary ordinary office purposessystems). Tenant shall procure and maintain all licenses and permits required for its business. Notwithstanding the provisions of this Section 4.06(a), Tenant, at its own cost and expense, may contest, in any manner permitted by Law, the validity or the enforcement of any Laws with which Tenant is required to comply pursuant to this Lease; provided that (A) any such contest and/or Tenant’s non-compliance with any such Laws shall not (I) subject any Landlord Indemnified Party to (x) criminal prosecution, (y) material fine or (z) any other civil liability that would adversely affect the operation of the Building or the rights of other tenants or occupants of the Building, (II) subject the Building (or any portion thereof) to lien or sale or cause, or be reasonably likely to cause, the same to be condemned or vacated or (III) be in violation of any Superior Mortgage or Superior Lease; (B) Tenant shall first deliver to Landlord a surety bond issued by a surety company of recognized responsibility, or other security reasonably satisfactory to Landlord, indemnifying and protecting Landlord and any Superior Mortgagee or Superior Lessor against any loss, cost, liability, damage or expenses (including, without limitation, interest and penalties and reasonable attorneys’ fees and disbursements) which could arise by reason of such non-compliance, which bond or other security (or the balance of the proceeds thereof, if Landlord has drawn on the same) shall be released by Landlord promptly upon resolution of such contest (provided that, unless otherwise required pursuant to the terms of any Superior Mortgage or Superior Lease, the foregoing provisions of this clause (B) shall not apply with respect to any contest of Law by Tenant so long as Tenant is a BlackRock Tenant or satisfies the Minimum Creditworthiness at the time of such contest); and (C) Tenant shall promptly, diligently and continuously prosecute such contest and shall keep Landlord informed, on a regular basis, of the status of such contest.

Appears in 1 contract

Samples: Lease (BlackRock Inc.)

Compliance With Laws Hazardous Materials. (ab) Tenant shall comply with all laws, ordinances, rules, orders and regulations (present, future, ordinary, extraordinary, foreseen or unforeseen) of any governmental, public or quasi-public authority and of the New York Board of Fire Underwriters and any other entity performing similar functions, at any time duly in force (collectively “Laws”), the application of which is attributable to, any work, installation, occupancy, use or manner of use by Tenant of the Premises or any part thereof, except as expressly set forth in the next sentence. Nothing contained in this Section 4.06 shall require Tenant to make any (i) structural changes or changes to the base building systems or (ii) changes to the core bathrooms (but not any private, private or executive or other bathrooms installed by Tenantbathrooms, with respect to which Tenant shall be responsible for compliance with Laws as set forth in the first sentence of this paragraph) in the PremisesPremises or the Terrace Space, unless, in the case of either of clauses (i) or (ii), the same are necessitated by reason of Tenant’s performance of any Alterations, Tenant’s particular manner of use of the Premises or (as opposed to the mere use by Tenant of the Premises for purposes other than normal and customary ordinary general, executive or administrative office purposes). Tenant shall procure and maintain all licenses and permits required for its business. Notwithstanding the provisions of Section 4.06(a), Tenant, at its own cost and expense, may contest, in any manner permitted by Law, the validity or the enforcement of any Laws with which Tenant is required to comply pursuant to this Lease; provided that (A) any such contest and/or Tenant’s non-compliance with any such Laws shall not (I) subject any Landlord Indemnified Party to (x) criminal prosecution, (y) material fine or (z) any other civil liability that would adversely affect the operation of the Building or the rights of other tenants or occupants of the Building, (II) subject the Building (or any portion thereof) to lien or sale or cause, or be reasonably likely to cause, the same to be condemned or vacated or (III) be in violation of any Superior Mortgage or Superior Lease; (B) except if Tenant is a Coach Tenant or has at least a $500,000,000 net worth computed in accordance with GAAP, Tenant shall first deliver to Landlord a surety bond issued by a surety company of recognized responsibility, or other security reasonably satisfactory to Landlord, indemnifying and protecting Landlord and Landlord, any Superior Mortgagee or Superior Lessor against any loss, cost, liability, damage or expenses (including, without limitation, interest and penalties and reasonable attorneys’ fees and disbursements) which could arise by reason of such non-compliance, which bond or other security (or the balance of the proceeds thereof, if Landlord has drawn on the same) shall be released by Landlord promptly upon resolution of such contest (provided that, unless otherwise required pursuant to the terms of any Superior Mortgage or Superior Lease, the foregoing provisions of this clause (B) shall not apply with respect to any contest of Law by Tenant so long as Tenant is a Coach Tenant or an assignee other than a Coach Tenant that has a net worth of at least $500,000,000 computed in accordance with GAAP at the 10215331.19 time of such contest); and (C) Tenant shall promptly, diligently and continuously prosecute such contest and shall keep Landlord informed, on a regular basis, of the status of such contest.

Appears in 1 contract

Samples: Lease (Coach Inc)

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Compliance With Laws Hazardous Materials. (a) Tenant Section 33.1 Tenant, at Tenant's expense, shall comply with all laws, rules, order, ordinances, rulesdirections, orders regulations and regulations (presentrequirements of federal, future, ordinary, extraordinary, foreseen or unforeseen) of any governmental, public or quasi-public authority state county and of the New York Board of Fire Underwriters and any other entity performing similar functions, at any time duly in force (collectively “Laws”), the application of which is attributable to, any work, installation, occupancy, use or manner of use by Tenant of the Premises or any part thereof, except as expressly set forth in the next sentence. Nothing contained in this Section 4.06 shall require Tenant municipal authorities pertaining to make any (i) structural changes or changes to the base building systems or (ii) changes to the core bathrooms (but not any private, executive or other bathrooms installed by Tenant, with respect to which Tenant shall be responsible for compliance with Laws as set forth in the first sentence of this paragraph) in the Premises, unless, in the case of either of clauses (i) or (ii), the same are necessitated by reason of Tenant’s performance of any Alterations, Tenant’s manner of 's use of the Demised Premises or and with the use by Tenant recorded covenants, conditions and restrictions affecting the Demised Premises, regardless of the Premises for purposes other than normal and customary ordinary office purposes. Tenant shall procure and maintain all licenses and permits required for its business. Notwithstanding the provisions of Section 4.06(a)when they become effective, Tenant, at its own cost and expense, may contest, in any manner permitted by Law, the validity or the enforcement of any Laws with which Tenant is required to comply pursuant to this Lease; provided that (A) any such contest and/or Tenant’s non-compliance with any such Laws shall not (I) subject any Landlord Indemnified Party to (x) criminal prosecution, (y) material fine or (z) any other civil liability that would adversely affect the operation of the Building or the rights of other tenants or occupants of the Building, (II) subject the Building (or any portion thereof) to lien or sale or cause, or be reasonably likely to cause, the same to be condemned or vacated or (III) be in violation of any Superior Mortgage or Superior Lease; (B) Tenant shall first deliver to Landlord a surety bond issued by a surety company of recognized responsibility, or other security reasonably satisfactory to Landlord, indemnifying and protecting Landlord and any Superior Mortgagee or Superior Lessor against any loss, cost, liability, damage or expenses (including, without limitation, interest all applicable federal, state and penalties local laws, regulations or ordinances pertaining to air and reasonable attorneys’ fees water quality, Hazardous Materials (as hereinafter defined), waste disposal, air emissions and disbursements) which could arise by reason other environmental matters, all zoning and other land use matters, and utility availability, and with any direction of such non-complianceany public officer or officers, pursuant to law, which bond shall impose any duty upon Owner or other security (Tenant with respect to the use or the balance occupation of the proceeds thereofDemised Premises provided that, if Landlord has drawn on notwithstanding the same) shall be released by Landlord promptly upon resolution of such contest; and (C) foregoing, Tenant shall promptlyhave no obligation to comply with any Legal Requirements that are the responsibility of Landlord under Section 33.6 hereof and Tenant shall have no obligation to make structural repairs or capital improvements unless the need to do so arises out of a violation of Tenant's obligations under Section 33.2 hereof. In addition, diligently Tenant shall obtain and continuously prosecute such contest keep in force during the term of this Lease any and shall keep Landlord informedall permits, on a regular basislicenses or certificates, of whatsoever kind or nature, from any and all authorities having jurisdiction over the status Demised Premises, necessary or required for the occupation and use of such contestthe Demised Premises.

Appears in 1 contract

Samples: Agreement (American Coin Merchandising Inc)

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