Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) to be brought upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises. As used in this Lease, "Hazardous Material(s)" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "Hazardous Substance" and "Hazardous Waste" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. ("CERCLA"), and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. ("RCRA"). To obtain Landlord's consent, Tenant shall prepare an "Environmental Audit" for Landlord's review. Such Environmental Audit shall list: (1) the name(s) of each Hazardous Material and a Material Safety Date Sheet ("MSDS") as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the name(s) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release or spill. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord in its reasonable judgment finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord's written consent. Notwithstanding such consent, Landlord may revoke its consent upon:(1) Tenant's failure to remain in full compliance with applicable environmental permits and/or any other requirements under federal state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA related to environmental safety, human health, or employee safety; (2) the Tenant's business operations pose or potentially pose a human health risk to other Tenants; or (3) the Tenant expands
Appears in 1 contract
Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) to be brought upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises. As used in this Lease, "Hazardous Material(s)" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "Hazardous Substance" and "Hazardous Waste" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. ("CERCLA"), and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. ("RCRA"). To obtain Landlord's consent, Tenant shall prepare an "Environmental Audit" for Landlord's review. Such Environmental Audit shall list: (1) the name(s) of each Hazardous Material and a Material Safety Date Sheet ("MSDS") as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the name(s) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release or spill. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord in its reasonable judgment finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord's written consent. Notwithstanding such consent, Landlord may revoke its consent upon:(1) Tenant's failure to remain in full compliance with applicable environmental permits and/or any other requirements under federal state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA related to environmental safety, human health, or employee safety; (2) the Tenant's business operations pose or potentially pose a human health risk to other Tenants; or (3) the Tenant expandsexpands its use, storage, or treatment of any Hazardous Material(s) in a manner inconsistent with the safe operation of a restaurant and hotel. Should Landlord consent in writing to Tenant bringing, using, storing or treating any Hazardous Material(s) in or upon the Premises, Tenant shall strictly obey and adhere to any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to CERCLA and RCRA which in any way regulate, govern or impact Tenant's possession, use, storage, treatment or disposal of said Hazardous Material(s). In addition, Tenant represents and warrants to Landlord that (1) Tenant shall apply for and remain in compliance with any and all federal, state or local permits in regard to Hazardous Materials; (2) Tenant shall report to any and all applicable governmental
Appears in 1 contract
Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the PremisesPremises or the Center. As used in this Lease, "Hazardous Material(s)" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "Hazardous Substance" and "Hazardous Waste" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. Act ("CERCLA"), as amended, 42 U.S.C. Section 9601 et seq., and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. Recovery Act ("RCRA"), as amended, 42 U.S.C. Section 6901 et seq. However, "Hazardous Materials" shall not include substances which are used in the ordinary course of a business similar to Tenant's business as permitted pursuant to Section 8.1 of this Lease provided, however, that such substances are used, handled, transported, stored and disposed of in strict compliance with any applicable federal, state or local law, statute, rule, regulation, code, ordinance or any other governmental restriction or requirement. If such substances are not so used, handled, transported, stored or disposed of then they shall be deemed "Hazardous Materials" for purposes of this Lease. To obtain Landlord's consent, Tenant shall prepare an "Environmental Audit" for Landlord's review. Such Environmental Audit shall list: (1) the name(s) of each Hazardous Material and a Material Safety Date Data Sheet ("MSDS") as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the name(s) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release or spillrelease. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored stored, or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord in its reasonable judgment finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord's written consent. Notwithstanding such consent, Landlord may revoke its consent upon:(1upon: (1) Tenant's failure to remain in full compliance with applicable environmental permits and/or any other requirements under federal any federal, state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA the Comprehensive Environmental Response, Compensation and RCRA Liability Act ("CERCLA"), as amended, 42 U.S.C. Section 9601 et seq., and the Resource Conservation and Recovery Act ("RCRA"), as amended, 42 U.S.C. Section 6901 et seq.) related to environmental safety, human health, or employee safety; (2) the Tenant's business operations pose or potentially pose a human health risk to other Tenants; or (3) the Tenant expandsexpands its use, storage, or treatment of any Hazardous Material(s) in a manner inconsistent with the safe operation of a shopping center. Should Landlord consent in writing to Tenant bringing, using, storing or treating any Hazardous Material(s) in or upon the Premises or the Center, Tenant shall strictly obey and adhere to any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), as amended, 42 U.S.C. Section 9601 et seq., and the Resource Conservation and Recovery Act ("RCRA"), as amended, 42 U.S.C. Section 6901 et seq.) which in any way regulate, govern or impact Tenant's possession, use, storage, treatment or disposal of said Hazardous Material(s). In addition, Tenant represents and warrants to Landlord that (1) Tenant shall apply for and remain in compliance with any and all federal, state or local permits in regard to Hazardous Materials; (2) Tenant shall report to any and all applicable governmental authorities any release of reportable quantities of any Hazardous Material(s) as required by any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (3) Tenant, within five (5) days of receipt, shall send to Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority relevant to the Tenant's compliance status with environmental or
Appears in 1 contract
Samples: Lease (Hotel Discovery Inc)
Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, knowingly cause or permit, knowingly or unknowingly, permit any Hazardous Material (hereinafter defined) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the PremisesPremises or the Hotel Complex, except for ordinary and customary types of office and restaurant supplies and cleaning solutions in nominal quantities typically used in the ordinary course of Tenant’s business and customarily used in similar businesses or activities expressly permitted to be undertaken in the Hotel Complex by Landlord provided that Tenant’s use and storage of such products complies with all applicable laws and regulations. As used in this Lease, "“Hazardous Material(s)" ” shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "“Hazardous Substance" ” and "“Hazardous Waste" ” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' § 9601 et seq. ("“CERCLA"”), and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' § 9601 et seq. ("“RCRA"”). To obtain Landlord's consent, Tenant shall prepare an "Environmental Audit" for Landlord's review. Such Environmental Audit shall list: (1i) the name(s) report to any and all applicable governmental authorities any release of each Hazardous Material and a Material Safety Date Sheet ("MSDS") as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the name(s) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release or spill. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment reportable quantities of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to useas required by any and all federal, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord in its reasonable judgment finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord's written consent. Notwithstanding such consent, Landlord may revoke its consent upon:(1) Tenant's failure to remain in full compliance with applicable environmental permits and/or any other requirements under federal state, state or local lawlaws, ordinanceordinances, orderorders, rulerules, regulationregulations, code codes or any other governmental restriction restrictions or requirement requirements; (including but not limited ii) within ten (10) days of receipt, send to CERCLA and RCRA related to environmental safetyLandlord a copy of any notice, human healthorder, inspection report, or employee safetyother document issued by any governmental authority relevant to Tenant’s compliance status with environmental or health and safety laws; and (2iii) at the termination of this Lease, remediate all Hazardous Materials introduced onto the Premises by Tenant in accordance with applicable law. In addition to, and in no way limiting Tenant's business operations pose ’s obligations as set forth in Section 11.6 of this Lease, should Tenant breach any of its duties and obligations as set forth in this Section 8.9 of this Lease, or potentially pose a human health risk if any Hazardous Material(s) introduced on the Premises by Tenant results in contamination of the Premises or the Hotel Complex, Tenant shall indemnify, save harmless and defend Landlord, and its contractors, agents, employees, partners, officers, directors, and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses caused by or arising directly out of Tenant’s breach of its obligations under this Section 8.9 or the presence of such Hazardous Materials introduced on the Premises by Tenant. Without limiting the foregoing, if the presence of any Hazardous Material(s) on or about the Premises or the Hotel Complex caused by Tenant results in any contamination of the Premises or the Hotel Complex, Tenant shall, at its sole expense, promptly take all actions to other Tenants; remediate such contamination as required by applicable law. Landlord represents and warrants to Tenant that as of the Delivery Date, the Premises are free of any Hazardous Materials. In addition to, and in no way limiting Landlord’s obligations as set forth in Section 11.6 of this Lease, Landlord shall indemnify, save harmless and defend Tenant, and its contractors, agents, employees, partners, officers, directors, and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses caused by or (3arising directly out of the presence of any Hazardous Materials at or emanating from the Premises and/or the Hotel Complex, which Hazardous Materials were in existence prior to the Delivery Date. Without limiting the foregoing, if any Hazardous Material(s) exist on or about the Tenant expandsPremises or the Hotel Complex as of the Delivery Date, Landlord shall, at its sole expense, promptly take all actions to remediate such contamination as required by applicable law.
Appears in 1 contract
Samples: Lease (Hard Rock Hotel Inc)
Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the PremisesPremises or the Hotel Complex; provided however, that Tenant may bring upon the Premises and store and use therein, commercially reasonable amounts of materials commonly used in the day to day maintenance and operation of the Premises (e.g., cleaning solvents, photocopier toner and the like); provided further however, that any such handling, storage and use shall be strictly in accordance with all environmental and other laws applicable to the Premises and the Hotel Complex. If it becomes necessary or advisable to remove, alter or otherwise disturb any Hazardous Materials which may exist in the Premises as of the date hereof (including without limitation, the existing IMAX Theatre or facilities relating thereto), Tenant, at its cost, shall comply with the “Environmental Audit” procedures set forth below and shall be responsible for all costs and expenses relating to any such removal, alteration or disturbance. As used in this Lease, "“Hazardous Material(s)" ” shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "“Hazardous Substance" ” and "“Hazardous Waste" ” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' §9601 et seq. ("“CERCLA"”), and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' §9601 et seq. ("“RCRA"”). To obtain Landlord's ’s consent, Tenant shall prepare an "“Environmental Audit" ” for Landlord's ’s review. Such Environmental Audit shall list/contain: (1) the name(s) of each Hazardous Material and a Material Safety Date Sheet ("MSDS") as required by the Occupational Safety and Health Act; (2) the volume proposed to be used, stored and/or treated at the Premises (monthly); (3) the purpose of such Hazardous Material; (4) the proposed on-premises storage location(s); (5) the name(snames) of the proposed off-premises disposal entity; and (6) an emergency preparedness plan in the event of a release or spillrelease. Additionally, the Environmental Audit shall include copies of all required federal, state, and local permits concerning or related to the proposed use, storage, or treatment of any Hazardous Material(s) at the Premises. Tenant shall submit a new Environmental Audit whenever it proposes to use, store, or treat a new Hazardous Material at the Premises or when the volume of existing Hazardous Materials to be used, stored stored, or treated at the Premises expands by ten percent (10%) during any thirty (30) day period. If Landlord Landlord, in its Landlord’s reasonable judgment judgment, finds the Environmental Audit acceptable, then Landlord shall deliver to Tenant Landlord's ’s written consent. Notwithstanding such consent, Landlord may revoke its Landlord’s consent upon:(1if (1) Tenant's failure Tenant fails to remain in full compliance with applicable environmental permits and/or any other requirements under federal any federal, state, or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement (including but not limited to CERCLA and RCRA RCRA) related to environmental safety, human health, or employee safety; (2) the Tenant's ’s business operations pose or potentially pose a human health risk to other Tenantstenants; or (3) Tenant expands Tenant’s use, storage, or treatment of any Hazardous Material(s) in a manner inconsistent with the safe operation of a hotel/casino. Should Landlord consent in writing to Tenant expandsusing, storing or treating any Hazardous Material(s) in or upon the Premises or the Hotel Complex, Tenant shall strictly obey and adhere to any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements (including but not limited to CERCLA and RCRA) which in any way regulate, govern or impact Tenant’s, use, storage or treatment of said Hazardous Material(s). In addition, Tenant represents and warrants to Landlord that (1) Tenant shall apply for and remain in compliance with any and all federal, state or local permits required by its operations at the Premises in regard to Hazardous Material(s); (2) Tenant shall report to any and all applicable governmental authorities any release at the Premises of reportable quantities of any Hazardous Material(s) as required by any and all federal, state or local laws, ordinances, orders, rules, regulations, codes or any other governmental restrictions or requirements; (3) Tenant, within five (5) days of receipt, shall send to Landlord a copy of any notice, order, inspection report, or other document issued by any governmental authority relevant to Tenant’s compliance status at the Premises with environmental or health and safety laws; and, (4) Tenant shall remove from the Premises all Hazardous Material(s) at the termination of this Lease. In addition to, and in no way limiting, Tenant’s duties and obligations as set forth in Section 11.6 of this Lease, should Tenant breach any of Tenant’s duties and obligations as set forth in this Section, or if the presence of any Hazardous Material(s) on the Premises results in contamination of the Premises, the Hotel Complex, any land other than the Hotel Complex, the atmosphere, or any water or waterway including groundwater, or if contamination of the Premises or of the Hotel Complex by any Hazardous Material(s) otherwise occurs for which Tenant is otherwise legally liable to indemnity or reimburse Landlord for damages resulting therefrom, Tenant shall indemnify, save harmless and, at Landlord’s option and with attorneys approved in writing by Landlord, defend Landlord, and Landlord’s parent company, subsidiaries and affiliates, and their respective directors, officers, employees, agents, contractors, partners and mortgagees, if any, from any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and losses of any and every kind and nature (including, without limitation, diminution in value of the Premises or the Hotel Complex, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises or the Hotel Complex, damages arising from any adverse impact on marketing space in the Hotel Complex, and sums paid in settlement of claims and for attorney’s fees, consultant fees and expert fees, which may arise during or after the Lease Term or any extension thereof as a result of such contamination). This includes, without limitation, costs and expenses, incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of Hazardous Material(s) on or about the Premises or the Hotel Complex, or because of the presence of Hazardous Material(s) anywhere else which came or otherwise emanated from Tenant or the Premises. Without limiting the foregoing, if the presence of any Hazardous Material(s) on or about the Premises or the Hotel Complex caused or permitted by Tenant results in any contamination of the Premises or the Hotel Complex, Tenant shall, at Tenant’s sole expense, promptly take all actions and expense as are necessary to return the Premises and/or the Hotel Complex to the condition existing prior to the introduction of any such Hazardous Material(s) to the Premises or the Hotel Complex; provided, however, that Landlord’s approval of such actions shall first be obtained in writing.
Appears in 1 contract
Samples: Lease (Premier Exhibitions, Inc.)
