Environmental Clean-up. (a) Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”). (b) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies under the Hazardous Substance Laws. (c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event. (d) Should any governmental agency or any third party demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposal, discharge, or release of Hazardous Substances that occurs during the term of this Agreement, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement. (e) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, disposal or transportation of Hazardous Substances that is required by Landlord. If Tenant fails to fulfill any duty imposed under this Section within a reasonable time, Landlord may, but shall not be required to, do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this Section. (f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency. (g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 6 contracts
Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Environmental Clean-up. (a) Tenant shall, at Tenant’s own expense, comply with all Hazardous Substance Laws and laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)Substances.
(b) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency or any third party demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposal, discharge, or release of Hazardous Substances that occurs during the term of this Agreement, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the this Agreement.
(e) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, disposal or transportation of Hazardous Substances that is required by Landlord. If Tenant fails to fulfill any duty imposed under this Section within a reasonable time, Landlord may, but shall not be required to, do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law Hazardous Substance Laws shall constitute a waiver of any of Tenant’s obligations under this Section.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 2 contracts
Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)
Environmental Clean-up. (a) A. Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the useuse by Tenant, its employees, agents or contractors, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”).
(b) B. Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) C. Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances by Tenant, its employees, agents or contractors, that occurs during the term of this AgreementLease, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(e) D. Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by LandlordOwner. If Tenant fails to fulfill any duty imposed under this Section 28.03 within a reasonable time, Landlord may, but shall not be required to, Owner may do so; and in such case, Tenant shall cooperate with Landlord Owner in order to prepare all documents Landlord Owner deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon LandlordOwner’s request. No such action by Landlord Owner and no attempt made by Landlord Owner to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this SectionSection 28.03.
(f) Tenant shall provide Landlord, at E. Tenant’s sole cost obligations and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes liabilities under this Section 28.03 shall survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. If prior to Closing (i) the Real Property is found to be contaminated such that Hazardous Substances located upon or beneath the Real Property exceed concentrations permitted under Applicable Law, or (ii) Buyer finds that Hazardous Substances were used, discharged, generated, transported, treated, removed or disposed of by the Company other than in accordance with Applicable Law, then the Buyer and Shareholder shall close the transaction subject to Buyer's general right of termination set forth in Section 2.2 and subject to the following terms and conditions:
(a) Tenant shallBuyer may perform any remedial or other activities (a) required to clean up the Real Property so that the amounts of Hazardous Substances present upon or beneath the Real Property do not exceed amounts permitted under Applicable Law, at Tenant’s own expense, comply (b) necessary to bring the Company into compliance with all laws and regulations now effective Applicable Law and/or (c) required to be performed by any appropriate agency or hereinafter enacted regulating governmental official to clean up or prevent the use, generation, storage, notification, transportation, release, or disposal spread of Hazardous Substances (the "Remedial Work"). The Shareholder shall pay for 50% of the cost of such Remedial Work and any fines, penalties, preparation of reports, attorneys' fees and any other cost or expense required to be paid by Buyer arising out of the presence of Hazardous Substances on the Real Property or failure of the Shareholder to comply with Applicable Law (collectively, “Hazardous Substance Laws”the "Expenses").; provided, however, that Shareholder's maximum liability for the Remedial Work and the Expenses shall not exceed $250,000;
(b) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, Up to $250,000 of the Closing Payment shall be delivered to Escrow Agent as necessary to pay for the Shareholder's proportionate share of the cost of the Remedial Work and comply with all requirements Expenses as reasonably estimated by Buyer. This amount shall be disbursed to Buyer or Shareholder pursuant to the terms of all governmental agencies under the Hazardous Substance Laws.Escrow Agreement; and
(c) Tenant shall provide Landlord with written notification of any spillIf, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency or any third party demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposal, discharge, or release of Hazardous Substances that occurs during the term of this Agreement, at or from the Premises, or which arises at any time from Tenant’s use or occupancy prior to the Closing Date, Buyer learns that the total cost of the PremisesRemedial Work, then Tenant shallplus the Expenses, at Tenant’s own expensewill exceed $500,000, prepare Buyer may elect to terminate this Agreement by delivering written notice to Shareholder of such election, and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant parties shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation be relieved of any of further obligation under the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord Agreement except for Tenant’s breach of this Agreement, including termination of the Agreementindemnities surviving hereunder.
(e) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, disposal or transportation of Hazardous Substances that is required by Landlord. If Tenant fails to fulfill any duty imposed under this Section within a reasonable time, Landlord may, but shall not be required to, do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this Section.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Share Purchase Agreement (First American Railways Inc)
Environmental Clean-up. (a) Tenant shall, at Tenant’s own 's sole cost and expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”").
(b) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) . Should any governmental agency government authorities (the "Authority" or any third party "Authorities") demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposaldeposit, dischargespill, discharge or other release of Hazardous Substances that occurs during the term of this Agreement, Lease at or from the Premises, or Premises and/or the Property which arises at any time from Tenant’s 's use or occupancy of the PremisesPremises and/or the Property is caused by the Tenant, its employees, agents or persons claiming by, through or under Tenant, then Tenant shall, at Tenant’s own 's sole cost and expense, prepare and submit the required clean-up plans plan(s) and all related bonds bond(s) and other financial assurances; , if any, and Tenant shall carry out all such cleanup plans and clean-up until completed to required by the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous SubstancesAuthorities under law. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e) Tenant shall promptly provide to Landlord all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 15.4 within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and/or the Property and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this Section.
(f) Tenant Section 15.4. Tenant's obligations and liabilities under this Section 15.4 shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. Tenant shall, at Tenant's own expense, comply with all Governmental Regulations regulating Tenant's use, generation, storage, transportation, or disposal of Hazardous Substances. Furthermore:
(a) Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”).
(b) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all of, governmental agencies under the Hazardous Substance Lawsauthorities pursuant to Governmental Regulations.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(db) Should any governmental agency authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances caused by Tenant or Tenant's officers, agents, employees, invitees, or licensees that occurs during the term of this AgreementLease at, at or from the Premisesfrom, or which arises at any time from Tenant’s use or occupancy of about the Premises, then Tenant shall, at Tenant’s 's own expense, prepare provide, submit, and submit implement the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(ec) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section Article 29.2 within a reasonable time, Landlord may, but shall not be required to, may do so; and in so at Tenant's expense. In such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for 's compliance therewithwith Governmental Regulations, and Tenant shall execute all such documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law Governmental Regulations shall constitute a waiver of any of Tenant’s 's obligations under this SectionArticle 29.
(fd) Tenant shall provide LandlordIndemnify Landlord against all liability arising from: (1) any deposit, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposalspill, discharge, or other release of any Hazardous Hazard s Substances in violation that occurs during the term of this Lease at or from the Premises or as a result of Tenant's prior and future use or occupancy of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.Premises;
Appears in 1 contract
Environmental Clean-up. (aA) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”)") by Tenant Responsible Parties.
(bB) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities ("Authorities") under the Laws as are applicable to use of Hazardous Substance LawsSubstances by Tenant Responsible Parties.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(dC) Should any governmental agency Authority or any third party demand that a cleanup clean- up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term Term of this Agreement, Lease at or from the Premises, or Leased Space and which arises at any time from Tenant’s the use or occupancy of the PremisesHazardous Substances by Tenant Responsible Parties, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; , and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(eD) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances by Tenant Responsible Parties that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section subparagraph (iii) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises Leased Space and Tenant’s use thereofof Hazardous Substances by Tenant Responsible Parties, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionSubparagraph (iii).
(fE) Tenant Tenant's obligations and liabilities under this Subparagraph (iii) shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Lease Agreement (Viropharma Inc)
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”").
(b) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances caused by Tenant, or Tenant's customers, agents, employees, or invitees, that occurs during the term of this AgreementLease, at or from the Premises, or which arises at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(ed) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by LandlordOwner. If Tenant fails to fulfill any duty imposed under this Section Paragraph (3) within a reasonable time, Landlord may, but shall not be required to, Owner may do so; and in such case, Tenant shall cooperate with Landlord Owner in 31 order to prepare all documents Landlord Owner deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, and the Tenant shall execute all documents promptly upon Landlord’s Owner's request. No such action by Landlord Owner and no attempt made by Landlord Owner to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionParagraph (3).
(fe) Tenant Tenant's obligations and liabilities under this Paragraph (3) shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.Lease
Appears in 1 contract
Samples: Lease Agreement (Packaged Ice Inc)
Environmental Clean-up. (ai) Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”).
(bii) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Lawslaws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or release other releases of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section Paragraph (d) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this SectionParagraph (d).
(fv) Tenant shall provide Landlord, at Tenant’s sole cost obligations and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes liabilities under this Paragraph (d) shall survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (a) Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, the “Hazardous Substance Laws”).
(b) by Tenant shalland or its agents, at Tenant’s own expenseemployees or contractors within or respecting the Premises. Except as expressly provided in the immediately preceding sentence, Landlord shall make all submissions to, provide all information required by, and comply with with, all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near Laws relating to the Premises within twenty four (24) hours of such event.
(d) Premises. Should any governmental agency authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances by Tenant or its employees that occurs during the term of this AgreementTerm, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; , and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shallplan; otherwise, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant Landlord shall immediately remedy be responsible for any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of within the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e) Building. Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation by Tenant of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 25 within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this Section.
(f) Tenant Section 25. The obligations and liabilities under this Section 25 shall provide Landlord, at Tenant’s sole cost and expense, copies survive the expiration of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending the Term or receiving such correspondence. For purposes earlier termination of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Lease Agreement (Sonus Networks Inc)
Environmental Clean-up. (a) Tenant shall, at Tenant’s own expense, shall comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)Substances.
(b) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies under authorities ("Authority") concerning Hazardous Substances in, on or about the Hazardous Substance LawsPremises.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency or any third party Authority demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this AgreementLease Term, at or from the Premises, or which arises at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, provided the deposit, spill, discharge, or release was caused by Tenant or Tenant's agents, employees, affiliates, customers, clients or invitees, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall promptly carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(ed) Tenant shall shall, where appropriate, promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section section within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law environmental laws and regulations shall constitute a waiver of any of Tenant’s 's obligations under this SectionArticle.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Shopping Center Lease (Southern Concepts Restaurant Group, Inc.)
Environmental Clean-up. (a1) Tenant Sublessee shall, at Tenant’s Sublessee's own expense, comply with all remedy any violation of laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively"Laws"), “Hazardous Substance Laws”)but only if such violations are committed by Sublessee, its agents, representatives, or invitees.
(b2) Tenant Sublessee shall promptly notify Sublessor if Sublessee knows that any release of a Hazardous Material has come or will come to be located on or beneath the Property. If the release of a Hazardous Material is required to be reported to a state or local agency pursuant to law and the release was caused by Sublessee, and Sublessee knowingly and willfully fails to provide such notice to the Sublessor, then at Sublessor's option such failure to provide notice shall constitute a material default under this Sublease which can be cured only if Sublessee promptly commences and removes or otherwise takes remedial action with respect to the Hazardous Material release. In any event, Sublessee shall be liable to Sublessor for all actual damages incurred by Sublessor resulting from the failure of Sublessee to give the notice required by this Section.
(3) Sublessee shall, at Tenant’s Sublessee's own expense, make all submissions to, provide all information required by, and comply with all requirements of of, all governmental agencies authorities (the "Authorities") under the Laws, but only to the extent the same relate to Hazardous Substance Substances present on the Property because of a violation by Sublessee of this Section 7. In addition, Sublessee will provide all information relating to Sublessee's use and storage of Hazardous Material required by the Authorities under the Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d4) Should any governmental agency an Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, dischargespill, discharge or other release of Hazardous Substances that occurs during the term of this AgreementSublease, at or from the Premises, or Property and which arises at any time from Tenant’s Sublessee's use or occupancy of the PremisesProperty, then Tenant Sublessee shall, at Tenant’s Sublessee's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; assurances and Tenant Sublessee shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(e5) Tenant Sublessee shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by LandlordSublessor. If Tenant Sublessee fails to fulfill any duty imposed under this Section Paragraph c within a reasonable time, Landlord may, but shall not be required to, Sublessor may do so; and in such a case, Tenant Sublessee shall cooperate with Landlord Sublessor in order to prepare all documents Landlord Sublessor deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises Property and Tenant’s Sublessee's use thereof, and for compliance therewith, and Tenant Sublessee shall execute all documents promptly upon Landlord’s Sublessor's request. No such action by Landlord Sublessor and no attempt made by Landlord Sublessor to mitigate damages under any Law shall constitute a waiver of any of Tenant’s Sublessee's obligations under this Section.Paragraph c.
(f6) Tenant Sublessor shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement have the right to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants Property at reasonable times to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying assure compliance by Sublessee with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant Section 7.
(7) Sublessee's obligations and liabilities under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or Paragraph c shall survive the indemnity provided in Section 24.3 belowexpiration of this Sublease.
Appears in 1 contract
Samples: Sublease (Briazz Inc)
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted Environmental Law regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)Substances.
(b) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance LawsEnvironmental Law.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Agreement, at or from the Demised Premises, or which arises at any time from out of the Tenant’s 's use or occupancy of the Demised Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(ed) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by LandlordOwner. If Tenant fails to fulfill any duty imposed under this Section Paragraph (3) within a reasonable time, Landlord may, but shall not be required to, do so; Owner
(e) Tenant's obligations and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability liabilities under this Paragraph (4) which arises out of the Hazardous Substance Laws to Tenant's use or occupancy of the Premises and Tenant’s use thereofDemised Premises, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver survive the expiration of any of Tenant’s obligations under this SectionLease.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with Should any governmental agency concerning Hazardous Substances promptly upon sending authority or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any third party demand that a clean-up plans plan be prepared and that a clean-up be undertaken because of any deposit, spill, discharge or other submittals made by Tenant to a governmental agency release of Hazardous Substances of or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Demised Premises, Tenant shall permit which arose prior to the inception of this Lease, the Landlord shall, at Landlord's expense, prepare and Landlord’s agents, employees, contractors, and/or consultants to enter submit the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws required plans and other related bonds and other financial assurances and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 belowcarry out such clean-up plans.
Appears in 1 contract
Samples: Lease Agreement (Hydrogenics Corp)
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”").
(b) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Agreementlease, at or from the Premises, or which arises at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(ed) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by LandlordOwner. If Tenant fails to fulfill any duty imposed under this Section Paragraph (3) within a reasonable time, Landlord may, but shall not be required to, Owner may do so; and in such case, Tenant shall cooperate with Landlord Owner in order to prepare all documents Landlord Owner deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, and the Tenant shall execute all documents promptly upon Landlord’s Owner's request. No such action by Landlord Owner and no attempt made by Landlord Owner to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionParagraph (3).
(fe) Tenant Tenant's obligations and liabilities under this Paragraph (3) shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencylease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted Governmental Regulations regulating the Tenant's use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”).Substances. Furthermore:
(b) A. Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all of, governmental agencies under the Hazardous Substance Lawsauthorities pursuant to Governmental Regulations.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) B. Should any governmental agency authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances caused by Tenant or Tenant's officers, agents, employees, invitees, or licensees that occurs during the term of this AgreementLease at, at or from the Premisesfrom, or which arises at any time from Tenant’s use or occupancy of about the Premises, then Tenant shall, at Tenant’s 's own expense, prepare provide, submit, and submit implement the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e) C. Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section Article 28.2 within a reasonable time, Landlord may, but shall not be required to, may do so; and in so at Tenant's expense. In such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for 's compliance therewithwith Governmental Regulations, and Tenant shall execute all such documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law Governmental Regulations shall constitute a waiver of any of Tenant’s 's obligations under this SectionArticle 28.
(f) D. Tenant shall provide LandlordIndemnify Landlord against all liability arising from: (1) any deposit, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposalspill, discharge, or other release of any Hazardous Substances in violation that occurs during the term of this Lease at or from the Premises or as a result of Tenant's prior or future use or occupancy of the Hazardous Substance Laws. No such inspection Premises; (2) Tenant's failure to provide all information, make all submissions, and take all steps required by Landlord shall in any way whatsoever limit, restrict, all governmental authorities under Governmental Regulations; or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant (3) Tenant's failure to comply with Tenant's obligations under this Agreement, including, without limitation, any right Article 28. Tenant's obligations and liabilities under this Article 28 shall survive the expiration or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 belowtermination of this Lease.
Appears in 1 contract
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, transportation or disposal of Hazardous Substances hazardous substance (collectively, “Hazardous Substance "Laws”").
(b) . Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) . Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances Substance that occurs during the term of this AgreementLease, at or from the Premisespremises, or which arises at any time from Tenant’s 's use or occupancy of the Premisespremises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up cleaning plans. Tenant shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and 's own expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 3 within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this Section.
(f) Tenant Section 3. Tenants obligations and liabilities under this Section 3 shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration and/or termination of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (a) Landlord and Tenant shallwill promptly notify each other, at Tenant’s own expensein writing, if Tenant has or acquires notice or knowledge that any Hazardous Substance has been or is threatened to be released, discharged, disposed of, transported, or stored on, in, under, or from the Demised Premises; and if any Hazardous Substance is found on the Demised Premises. Landlord and Tenant shall comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances Substance, including but not limited to, the laws specified above (collectively, “Hazardous Substance "Environmental Laws”").
(b) Landlord and Tenant shallwill immediately notify each other and provide copies upon receipt of all written complaints, at claims, citations, demands, inquiries, reports, or notices relating to the condition of the Demised Premises (including the common areas or real property) or compliance with Environmental Laws. Tenant will promptly cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of the Landlord. Tenant will (except to the extent due to a condition that existed prior to Tenant’s own expense, 's use or occupancy of the Demised Premises) keep the Demised Premises free of any lien imposed pursuant to any Environmental Laws. Landlord and Tenant shall make all submissions submission to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Environmental Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency authority under the Environmental Law or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances Substance that occurs during the term of this AgreementLease, at in or from the Demised Premises (except to the extent due to a condition that existed prior to Tenant's use or occupancy of the Demised Premises, ) or which arises at any time from Tenant’s 's use or occupancy of the Demised Premises, ; then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other their financial assurances; , and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementups plans.
(ed) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances Substance that is required requested by the Landlord or any authority under the Environmental Laws. The Landlord will have the right at all reasonable times and from time to time to conduct environmental audits of the Demised Premises, and Tenant will cooperate in the conduct of those audits. The audits will be conducted by a consultant of the Landlord. 's choosing, and if any Hazardous Substance is detected or if a violation of any of the warrantied, representations, or covenants contained in this Article is discovered, the fees and expenses of such consultant will be borne by Tenant and will be paid as additional Rent under this Lease on demand by the Landlord.
(e) If Tenant fails to fulfill comply with any duty imposed under this Section within a reasonable timeof the foregoing warranties, representations, and covenants, the Landlord may, but shall not be required to, do so; and in such case, may cause the removal or other cleanup acceptable to the Landlord) of any Hazardous Substance from the Demised Premises. Tenant shall cooperate with the Landlord in order to prepare all documents the Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Environmental Laws to the Demised Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon the Landlord’s request's request or those of any authority under the Environmental Laws. The costs of Hazardous Substance removal and any other cleanup (including transportation and storage costs) will be additional Rent under this Lease, only if a court has ordered the cleanup, and those costs will become due and payable on demand by the Landlord. Tenant will give the Landlord and the Landlord's Agents access to the Demised Premises to remove or otherwise clean up any Hazardous Substance. The Landlord, however, has no affirmative obligation to remove or otherwise clean up any Hazardous Substance, and this Lease will not be construed as creating any such obligation. No such action by the Landlord and no attempt made by Landlord the Lender to mitigate damages under any Law laws shall constitute a waiver of any of Tenant’s obligations 's obligation under this SectionArticle.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies In addition to the indemnification provisions of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the PremisesArticle 14 hereof, Tenant shall permit indemnify, defend (with counsel reasonably acceptable to the Landlord and at Tenant's sole cost), and hold the Landlord’s , and its officers, directors, beneficiaries, shareholders, partners, subsidiaries, agents, employeesand employees free and harmless from and against all losses, contractorsliabilities, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection mayobligations, but shall not be required topenalties, includeclaims, without limitationlitigation, any sampling and/or testing of soil demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements, or expenses of any materials kind (including attorneys' and experts' fees and fees and expenses incurred in investigating, defending, or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoingprosecuting and litigation, Landlord mayclaim, but shall not be required to, enter the Premises or proceeding) that may at any time be imposed upon, incurred by, asserted or awarded against the Landlord (including attorneys' fees, consultants' fees and court costs) (except to stop the disposalextent due to a condition that existed prior to Tenant's use of occupancy of the Demised Premises or if due to a condition created by Landlord or other Tenants in the Building) arising out of or in any way connected with: any deposit, spill, discharge, or other release or any Hazardous Substance that occurs during the term of this Lease, at or from the Demised Premised, or which arises at any time from Tenant's use or occupancy of the Demised Premises; or any violation or claim of violation by Tenant of any Environmental Laws; or the imposition of any lien for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Substance; or failure to provide all information, make all submission, and take all steps required by all authorities under the Environmental Laws and all environmental laws, or any misrepresentation, inaccuracy, or breach of any warranty, covenant, or agreement contained or referred to in this Article. This indemnification is the personal obligation of Tenant and will survive termination of this Lease. Tenant, its successors, and assigns waive, release, and agree not to make any claim or bring any cost recovery action against the Landlord under CERCLA, or any state equivalent to any similar law now existing or enacted after this date. To the extent that the Landlord is strictly liable under any such law, regulation, ordinance, or requirement, Tenant's obligation to the Landlord under this indemnity will also be without regard to fault on the part of Tenant with respect to the violation or condition that results in liability to the Landlord (except to the extent due to a condition that existed prior to Tenant's use or occupancy of the Demised Premises or if due to a condition created by Landlord or other Tenants in the Building). Notwithstanding anything herein to the contrary, the Tenant shall have 90 days from the date hereof to complete Phase I environmental assessments with respect to the demised premises. The cost and expense of the environmental assessments shall be paid by the Tenant. If the Tenant should determine pursuant to the results of such environmental assessments that (i) there has been any storage, discharge, disposal, release or emission of any Hazardous Substances in violation Substance in, on or from the Demised Premises and (ii) Tenant reasonably believes that it could become responsible for the remediation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limitstorage, restrictdischarge, disposal, release, threatened release or otherwise adversely affect any right emission or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.become
Appears in 1 contract
Samples: Asset Purchase and Account Assumption Agreement (Usb Holding Co Inc)
Environmental Clean-up. (ai) Tenant shall, at Tenant’s Xxxxxx's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, transportation or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)Substances.
(bii) Tenant shall, at Tenant’s Xxxxxx's own expense, make all submissions to, to provide all information required by, by and comply with all requirements of all governmental agencies under the Hazardous Substance Lawsauthorities.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency authority or any third party demand that a cleanup plan be prepared and that a cleanup be or undertaken anywhere in the Shopping Center because of any disposaldeposit, dischargespill, discharge or other release of Hazardous Substances that occurs during the term of this AgreementTerm, at or from the Premises, Premises or which arises at any time from Tenant’s 's use or occupancy of the Premises, then or as a result of Tenant’s actions, or the actions of its employees, customers, invitees, contractors, agents, successors and/or assigns anywhere at the Shopping Center, Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; assurances and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 32.2 within a reasonable timethirty (30) days following Xxxxxxxx's request, Landlord may, but shall not be required to, do so; may proceed with such efforts and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s Xxxxxx's use thereof, thereof and for compliance therewith, therewith and Tenant shall execute all documents promptly upon Landlord’s request's request and any expenses incurred by Landlord shall be payable by Tenant as Additional Rent. No such action by Landlord Xxxxxxxx and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations or Landlord's rights under this SectionSection 32.2.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Lease Agreement
Environmental Clean-up. (a) Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”).
(b) . Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) . Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, dischargespill, discharge or other release of Hazardous Substances that occurs during the term of this AgreementSublease, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substancesplans. Without limiting the foregoing, Tenant shall immediately remedy notify Landlord of the presence of any hazardous Substance on or about the Premises known to Tenant (except those excluded in Section 32.2(b) above) and of any spills, discharge or other releases of such Hazardous Substances which are in violation of any Federal, State or local law. Tenant shall promptly submit to Landlord copies of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost all correspondence, plans, notices and expense, including repairing any damage other documents relating to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s cleanup and remediation of any violation of Hazardous Substances on the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e) Premises. Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 32 within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, thereof and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this Section.
(f) Tenant shall provide Landlord, at section 32.3. Tenant’s sole cost obligations and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes liabilities under this Section 32.3 shall survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Sub Lease (Bank Holdings)
Environmental Clean-up. (a1) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”").
(b2) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d3) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Agreement, at or from the Premises, or which arises or occurs at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(e4) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required reasonably requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section Paragraph 33C within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this Section.Paragraph 33C.
(f5) Tenant Tenant's obligation and liabilities under this Paragraph 33C shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to Lease for a governmental agency or any notice or other communication received from a governmental agencyperiod of fifteen (15) years.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Lease Agreement (Mentor Corp /Mn/)
Environmental Clean-up. (a1) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”").
(b2) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d3) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Premises, or which arises at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(e4) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section section within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, ; and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this Sectionsection.
(f5) Tenant Landlord's and Tenant's obligations and liabilities under this section shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Lease Agreement (Citi Trends Inc)
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively"Laws"), “Hazardous Substance Laws”)in connection with its use of the Demised Premises.
(b) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance LawsLaws relating to Tenant's use of the Demised Premises.
(c) Tenant shall provide Landlord with written notification of Should Landlord, any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term solely as a result of this Agreement, at or from the Premises, or which arises at any time from Tenant’s 's use or occupancy of the Demised Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; , and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(ed) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 49.3 within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Demised Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law law shall constitute a waiver of any of Tenant’s 's obligations under this Section.Section 49.3
(fe) Tenant shall provide Landlord, at Tenant’s sole cost 's obligations and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes liabilities under this Section 49.3 survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (a1) Landlord shall, within thirty (30) days following notice from Tenant, cause to be remediated, abated, corrected or otherwise cleaned-up any presence of hazardous materials or a violation of applicable hazardous materials laws occurring prior to the Commencement Date or caused by any party other than Tenant or Tenant’s employees, agents or invitees. In the event that any Hazardous Substances or environmental contaminants, including mold, exist with respect to the Building, and the existence of such Hazardous Substances or environmental contaminants precludes or materially interferes with Tenant’s use of the Leased Premises, Tenant shall receive an abatement of Rent during such interference.
(2) Tenant shall, at Tenant’s own expense, comply with all laws Laws with respect to the Leased Premises and regulations now effective or hereinafter enacted the Building regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)by Tenant during the Term of the Lease.
(b3) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities” or “Authority”) applicable to Tenant’s use of Hazardous Substances under the Hazardous Substance LawsLaws during the Term of the Lease.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d4) Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup clean-up be undertaken because of any disposaluse, deposit, spill, storage, operation, discharge, or other release of Hazardous Substances that occurs is caused by Tenant or Tenant’s employees, agents or invitees during the term Term of this Agreement, Lease at or from the Leased Premises, or which arises arise at any time from Tenant’s use or occupancy of the Leased Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and its own expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e5) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances by Tenant during the Term of the Lease that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 21.1(c) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Leased Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this SectionSection 21.1(c).
(f6) Tenant shall provide Landlord, at Tenant’s sole cost obligations and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending liabilities under this Section 21.1(c) shall survive the expiration or receiving such correspondence. For purposes earlier termination of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Office Lease Agreement (Roblox Corp)
Environmental Clean-up. (ai) Tenant shall, shall at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, transportation or disposal of Hazardous Substances hazardous substance (collectively, “Hazardous Substance Laws”the "Law").
(bii) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, by and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup be or undertaken because of any disposaldeposit, dischargespill, discharge or other release of Hazardous Substances hazardous substances that occurs during the term of this AgreementLease, at or from the Premises, Premises or which arises at any time from Tenant’s Tenants use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; assurances and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, importation or disposal or transportation of Hazardous Substances that is hazardous substances required by Landlord. If Tenant fails to fulfill any duty imposed under this Section Paragraph within a reasonable timethirty (30) days following its request, Landlord may, but shall not be required to, do so; may proceed with such efforts and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws thelaws to the Premises and Tenant’s 's use thereof, thereof and for compliance therewith, therewith and Tenant shall execute all documents promptly upon Landlord’s request's request and any expenses incurred by Landlord shall be payable by Tenant as Additional Rent. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionParagraph. Tenants' obligations and liabilities under this Paragraph shall survive the expiration of this Lease. TENANTS INDENMNITY.
(fi) Tenant shall provide indemnify, defend and hold harmless Landlord, at Tenant’s sole cost its respective Officers, directors, beneficiaries, shareholders, partners, agents and expenseemployees from all fines, copies suits, procedures, claims, and activities of every kind and all correspondence costs associated therewith including attorneys' and consultants' fees, arising out of or in any way connected with any governmental agency concerning Hazardous Substances promptly upon sending deposit, spill, discharge or receiving such correspondence. For purposes hazardous substances that occur during the term of this subsectionLease, “correspondence” shall include any clean-up plans at or from the Leased Premises which arises out of Tenant's use or occupancy of the Premises or from Tenant's failure to provide all information, niake all submissions and take all steps required by all Authorities under the Laws and all other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyenvironmental laws.
(gii) Without limiting any other rights of Landlord Tenant's obligation and liabilities under this Agreement to inspect Paragraph shall survive the expiration or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms other termination of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 belowLease.
Appears in 1 contract
Environmental Clean-up. (a) Tenant shall, at TenantXxxxxx’s own expense, comply with all laws and regulations now effective or hereinafter enacted law regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)) arising as a result of Tenant’s use of the Leased Premises.
(b) During Tenant’s occupancy, Tenant shall, at TenantXxxxxx’s own expense, make all submissions to, to provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) Should any governmental agency or any third party Authority demand that a cleanup clean-up plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Premises, or Leased Premises which arises at any time from Tenant’s use or occupancy of the Leased Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(ed) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required reasonably requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section within a reasonable timetime after notice, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Leased Premises and TenantXxxxxx’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon LandlordXxxxxxxx’s request. No such action by Landlord Xxxxxxxx and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s obligations under this Section.
(fe) Tenant shall provide Landlord, at Tenant’s sole cost obligations and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes liabilities under this Section shall survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(gf) Without limiting any other rights As of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms date of this Article 24. Such inspection mayLease, but shall Landlord has not be required to, include, without limitation, received written notice from any sampling and/or testing of soil Authorities and does not otherwise have knowledge that the Leased Premises contains Hazardous Substances or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in other violation of Laws with respect to the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 belowLeased Premises.
Appears in 1 contract
Samples: Commercial Lease Agreement (La Rosa Holdings Corp.)
Environmental Clean-up. (a) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance "Laws”").
(b) . Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) . Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and and/or that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or and/or other release of Hazardous Substances that occurs during the term Term (as extended), of this AgreementLease, originating at or from the Premises, or and/or which arises at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substancesplans. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreement.
(e) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required reasonably requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section 7.3 within a reasonable time, Landlord may, may but shall not be required to, to do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request's request and Tenant shall pay, as additional Rent, all of Landlord's costs (including reasonable attorneys' and consultants' fees) in fulfilling Tenant's obligations hereunder. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionSection 7.
(f) Tenant shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agency.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Lease Agreement (Frontstep Inc)
Environmental Clean-up. (ai) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted Environmental Law regulating the use, generation, storage, notification, transportation, release, treatment or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)Substances.
(bii) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies under the Hazardous Substance LawsEnvironmental Law.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency entity or any third party demand that a any environmental investigation, environmental survey, contamination assessment plan, preliminary contamination assessment plan, remedial action plan, cleanup plan or other removal, remedial action or other environmental corrective action be conducted or prepared and or that a cleanup clean-up, removal, remedial action or other environmental corrective action be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances or other violation of Environmental Law that occurs during the term of this Agreement, Lease at or from the Leased Premises, or which arises at any time from Tenant’s 's use or occupancy of the Leased Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup actions plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost authorities under Environmental Law and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the AgreementLandlord.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, treatment or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section (c) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare taking all necessary actions, including , but not limited to, the preparation of all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewithappropriate, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionSection (c) or an assumption of liability by Landlord.
(fv) Tenant Tenant's obligations and liabilities under this Section (c) shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (ai) Tenant shall, at Tenant’s Xxxxxx's own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”").
(bii) Tenant shall, at Tenant’s Xxxxxx's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Laws; provided that to the extent that either (i) any Hazardous Substance LawsSubstances was not brought to the Premises by Tenant or (ii) the deposit, spill, discharge or other release of Hazardous Substances was not the direct result of any act or omission of Tenant, Tenant’s agents, Xxxxxx’s contractors, subcontractors, or materialmen, Tenant shall not be responsible for the investigation or clean-up cost set forth herein.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Premises, or which arises at any time from Tenant’s 's use or occupancy of the Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and plans; provided that to the extent that either (a) any Hazardous Substances was not brought to the Premises by Tenant or (b) the deposit, spill, discharge or other release of Hazardous Substances was not the direct result of any act or omission of Tenant, Tenant’s agents, Xxxxxx’s contractors, subcontractors, or materialmen, Tenant shall not be responsible for the investigation or clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementset forth herein.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required by Landlord. If , if Tenant fails to fulfill any duty imposed under this Section Paragraph (3) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant Xxxxxx shall execute all documents promptly upon Landlord’s Xxxxxxxx's request. No such action by Landlord Xxxxxxxx and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionParagraph (3).
(fv) Tenant Tenant's obligations and liabilities under this Section 12.18 shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending survive the expiration or receiving such correspondence. For purposes early termination of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Samples: Shopping Center Lease Agreement
Environmental Clean-up. (a) Tenant 15.3.1. Lessee shall, at TenantLessee’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Substances” (“Laws”).
(b) Tenant 15.3.2. Lessee shall, at TenantLessee’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(d) 15.3.3. Should any governmental agency Authority or any third party party, with lawful authority or legal right, demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposaldeposit, spill, discharge, or other release of “Hazardous Substances Substances” that occurs during the term of this Agreementlease, at or from the Premises, or and which arises directly or indirectly, wholly or in part, at any time from Tenant’s the use or occupancy of the PremisesPremises by Lessee or any subtenant, concessionaire or licensee of Lessee or their respective employees, agents, contractors, servants, licensees or invitees, then Tenant Lessee shall, at TenantLessee’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant Lessee shall promptly carry out all such cleanup plans. Lessee is not required to pay for or arrange remediation plans and clean-up until completed to for incidents that occur as the satisfaction result of actions or omissions of the applicable governmental agency; providedLessor or Lessor’s employees, that any such clean-up shallagents, at a minimum, return the Premises to the condition existing before the disposal, discharge, contractors or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementinvitees.
(e) Tenant 15.3.4. Lessee shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of “Hazardous Substances Substances” that is required requested by LandlordLessor. If Tenant Lessee fails to fulfill any duty imposed under this Section paragraph 15.3.4 within a reasonable time, Landlord may, but shall not be required to, Lessor may do soso at Lessee’s cost and expense; and in such case, Tenant Lessee shall cooperate with Landlord Lessor in order to prepare all documents Landlord Lessor deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws laws to the Premises and TenantLessee’s use thereof, and for compliance therewith, and Tenant Lessee shall execute all documents promptly upon LandlordLessor’s request. No such action by Landlord Lessor and no attempt made by Landlord Lessor to mitigate damages under any Law law shall constitute a waiver of any of TenantLessee’s obligations under this Sectionparagraph 15.3.4.
(f) Tenant 15.3.5. Lessee’s obligations and liabilities under this paragraph 15 shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencylease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (ai) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted Laws regulating the use, generation, generation storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)and biomedical wastes and materials.
(bii) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that a cleanup be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Leased Premises, or which arises at any time from Tenant’s 's use or occupancy of the Leased Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; assurances and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(eiv) Tenant shall promptly provide all information regarding the use, generation, releasestorage transportation, manufacture, refining, production, processing, handling, treating, storage, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section (c) within a reasonable time, Landlord may, but shall not be required to, may do so; : and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Leased Premises and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionSection (c).
(fv) Tenant Tenant's obligations and liabilities under this Section (c) shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (ai) Tenant shall, at Tenant’s own expense, comply with all laws and regulations now effective or hereinafter enacted regulating the use, generation, storage, notification, transportation, release, transportation or disposal of Hazardous Substances (collectively, the “Hazardous Substance Laws”).
(bii) Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the “Authorities”) under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency Authority or any third party demand that a cleanup clean-up plan be prepared and that a cleanup be undertaken clean-up Undertaken because of any disposaldeposit, dischargespill, discharge or other release of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Premises, or which arises at any time from Tenant’s use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the required clean-up plans and all related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section Paragraph (c) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises and Tenant’s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s request. No such action by Landlord landlord and no attempt made by Landlord to mitigate damages under any Law Laws shall constitute a waiver of any of Tenant’s obligations under this SectionParagraph (c).
(fv) Tenant shall provide Landlord, at Tenant’s sole cost obligation and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending liabilities under this Paragraph (c) shall survive the expiration or receiving such correspondence. For purposes earlier termination of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract
Environmental Clean-up. (ai) Tenant shall, at Tenant’s 's own expense, comply with all laws and regulations now effective or hereinafter enacted Laws regulating the use, generation, storage, notification, transportation, release, or disposal of Hazardous Substances (collectively, “Hazardous Substance Laws”)Substances.
(bii) Tenant shall, at Tenant’s 's own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental agencies authorities (the "Authorities") under the Hazardous Substance Laws.
(c) Tenant shall provide Landlord with written notification of any spill, release or other discharge of Hazardous Substances at, on or near the Premises within twenty four (24) hours of such event.
(diii) Should any governmental agency Authority or any third party demand that a cleanup plan be prepared and that that, a cleanup clean-up be undertaken because of any disposaldeposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this AgreementLease, at or from the Leased Premises, or which arises at any time from Tenant’s 's use or occupancy of the Leased Premises, then Tenant shall, at Tenant’s 's own expense, prepare and submit the required clean-up plans and all alt related bonds and other financial assurances; and Tenant shall carry out all such cleanup plans and clean-up until completed to the satisfaction of the applicable governmental agency; provided, that any such clean-up shall, at a minimum, return the Premises to the condition existing before the disposal, discharge, or release of the Hazardous Substances. Without limiting the foregoing, Tenant shall immediately remedy any violation of any of the Hazardous Substance Laws by Tenant or otherwise at or from the Premises during the Term at Tenant’s sole cost and expense, including repairing any damage to the Premises or other property caused by such violation. Tenant’s clean-up of any such disposal, discharge, or release, or Tenant’s remediation of any violation of the Hazardous Substance Laws, shall not preclude Landlord from, nor be in lieu of, the exercise by Landlord of any remedies available to Landlord for Tenant’s breach of this Agreement, including termination of the Agreementplans'.
(eiv) Tenant shall promptly provide all information regarding the use, generation, release, manufacture, refining, production, processing, handling, treating, storage, transportation, or disposal or transportation of Hazardous Substances that is required requested by Landlord. If Tenant fails to fulfill any duty imposed under this Section (c) within a reasonable time, Landlord may, but shall not be required to, may do so; and in such case, Tenant shall cooperate with Landlord in In order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Hazardous Substance Laws to the Premises Leased Premises. and Tenant’s 's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord’s 's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant’s 's obligations under this SectionSection (c).
(fv) Tenant Tenant's obligations and liabilities under this Section (c) shall provide Landlord, at Tenant’s sole cost and expense, copies of all correspondence with any governmental agency concerning Hazardous Substances promptly upon sending or receiving such correspondence. For purposes survive the expiration of this subsection, “correspondence” shall include any clean-up plans or other submittals made by Tenant to a governmental agency or any notice or other communication received from a governmental agencyLease.
(g) Without limiting any other rights of Landlord under this Agreement to inspect or otherwise enter the Premises, Tenant shall permit Landlord and Landlord’s agents, employees, contractors, and/or consultants to enter the Premises during regular business hours for the purposes of inspecting the Premises to insure that Tenant is complying with the Hazardous Substance Laws and the terms of this Article 24. Such inspection may, but shall not be required to, include, without limitation, any sampling and/or testing of soil or of any materials or substances on the Premises deemed necessary by Landlord. Notwithstanding the foregoing, Landlord may, but shall not be required to, enter the Premises at any time to stop the disposal, discharge, or release of any Hazardous Substances in violation of the Hazardous Substance Laws. No such inspection by Landlord shall in any way whatsoever limit, restrict, or otherwise adversely affect any right or remedy Landlord may otherwise have against Tenant under this Agreement, including, without limitation, any right or remedy provided in Article 21.1 or the indemnity provided in Section 24.3 below.
Appears in 1 contract