Dangerous and Hazardous Materials. As part of its duties, obligations and responsibilities under this Section 4.3, Tenant also shall comply with any and all applicable Laws governing and regulating dangerous, explosive and/or flammable materials, and/or Hazardous Materials (as defined below), noise or the emission of pollutants into the air or water (collectively the “Environmental Laws”) insofar as they relate to the System. The term “Hazardous Material” means any item, material, substance or waste deemed “hazardous” or “toxic”, under any applicable Law. As of the Effective Date, Landlord represents and warrants that the Premises is in compliance with all Environmental Laws, including, without limitation, those regarding the handling, transportation, storage, treatment, use and disposition of Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon or used in or about the Premises without the prior written consent of Landlord, which shall not be unreasonably conditioned, delayed or withheld by Landlord, but may be conditioned upon Tenant’s demonstration, to Landlord’s reasonable satisfaction, that such Hazardous Material is necessary or useful to Tenant’s operations upon the Premises and that it will be used and stored in compliance with all Environmental Laws regulating such Hazardous Material. Notwithstanding the foregoing, Tenant shall not be required to obtain any prior written consent from Landlord for the use of Hazardous Materials actually consumed or utilized in the operation and management of the System in compliance with any and all applicable Environmental Laws.
Appears in 5 contracts
Samples: Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement
