ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “"Hazardous Materials” " shall mean, (i) any substances defined as “"hazardous substances,” “" "pollutants,” “" "contaminants,” “" "hazardous materials,” “" "hazardous wastes,” " or “"hazardous or toxic substances” " as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seqet.�.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seqet.�.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seqet.�.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s 's Laboratory Safety Standard – - 29 CFR 1910.1450, “"Occupational Exposures to Hazardous Chemicals in Laboratories.” " As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s 's request concerning Xxxxxx’s 's best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ ' fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “"Claims and Costs”"), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx Lessee agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx Lessee agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by XxxxxxLessee, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx Lessee shall execute affidavits, representations and the like from time to time at Board’s request concerning XxxxxxLessee’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; oror (iv) the incorporation by the Center of any Hazardous Materials in the Leased Premises. The foregoing indemnification shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (not, either with or without negligence) , cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, Lessee shall not bring in or onto the property, Premises, Leased Space and/or Property or knowingly allow the storage or use of such substances Hazardous Materials in any manner if prohibited by law or if not sanctioned by the highest standards prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Sectionparagraph, the term “Hazardous Materials” shall mean, : (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation Compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec Sec. 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. SecSc. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed above or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutesreference statues; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which on the Leased Space and/or Property is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Property or the Leased Premises, or knowingly allow the storage or use of such substances or prevailing materials at the Leased Premises in amounts greater than those generally accepted in the industry ordinary course (and at all times in accordance with applicable law) for the storage and use of such substances or materialsinstitutional uses. For the purposes of this Section, the term “Hazardous Materials” shall mean, ,
(i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereoftherein, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the OSHA Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the such safety plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on sitesite at the Leased Premises, and a complete file of Material Safety Data Sheets pertaining thereofthereto. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their OSHA Laboratory Safety Plan. MPS reserves the right to exclude from the site Property chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on at the Leased Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup repair, cleanup, detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or to the extent arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises Premises to any other property or onto the school propertyremainder of the Property caused by Lessee, of or (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or, or (iv) the incorporation by the Lessee of any Hazardous Materials in or at the Leased Premises. The foregoing indemnification shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. (a) Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “"Hazardous Materials” " shall mean, (i) any substances defined as “"hazardous substances,” “" "pollutants,” “" "contaminants,” “" "hazardous materials,” “" "hazardous wastes,” " or “"hazardous or toxic substances” " as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seqet.�.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; : the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seqet.�.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seqet.�.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises Premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises leased premises by LesseeXxxxxx, its agents, contractor or invitees; oror (iv) the incorporation by the Center of any Hazardous Materials in the Leased Premises. The foregoing indemnification shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. (a) Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “"Hazardous Materials” " shall mean, (i) any substances defined as “"hazardous substances,” “" "pollutants,” “" "contaminants,” “" "hazardous materials,” “" "hazardous wastes,” " or “"hazardous or toxic substances” " as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seqet.�.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seqet.�.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seqet.�.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seqet.�.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard,
(b) Lessee is required to shall develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates for all chemicals Lessee may bring on to the provisions found in 29 CFR 1910.1450Property. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Planthe safety plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. .
(c) If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s 's request concerning Xxxxxx’s 's best knowledge and belief regarding the presence of Hazardous Materials on the Premises. .
(d) Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “"Claims and Costs”"), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; oror (iv) the incorporation by the Center of any Hazardous Materials in the Leased Premises.
(e) The obligations in subsection (d) above shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (not, either with or without negligence) , cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, Lessee shall not bring in or onto the property, Premises, Leased Space and/or Property or knowingly allow the storage or use of such substances Hazardous Materials in any manner if prohibited by law or if not sanctioned by the highest standards prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Sectionparagraph, the term “Hazardous Materials” shall mean, : (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation Compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec Sec. 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. SecSc. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed above or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; orreference statues;
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, and students, shall not bring in or onto the property, PremisesProperty, or knowingly allow the storage or use of such substances or prevailing in materials at the industry for the storage and use of Property, excepting such customary substances or materials, and in such amounts, as are stored or used by Lessee in compliance with applicable law and in the ordinary course of Lessee’s use of the Property under section 5a above. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation Compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the OSHA Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on sitethe Property, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their OSHA Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the PremisesProperty. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or to the extent arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises Property for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises Property to any other property or onto the school propertyproperty caused by Lessee, of or (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises Property by Lessee, its agents, contractor or invitees; oror (iv) the incorporation by the Lessee of any Hazardous Materials in the Property. The foregoing indemnification shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, and students, shall not bring in or onto the property, PremisesProperty, or knowingly allow the storage or use of such substances or prevailing in materials at the industry for the storage and use of Property, excepting such customary substances or materials, and in such amounts, as are stored or used by Lessee in compliance with applicable law and in the ordinary course of Lessee’s use of the Property under section 5a above. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation Compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or;
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either eiiher with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined)) upon or from the Premises. Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “"Hazardous Materials” " shall mean, (i) any substances defined defmed as “"hazardous substances,” “" "pollutants,” “" "contaminants,” “" "hazardous materials,” “" "hazardous wastes,” " or “"hazardous or toxic substances” " as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq�.); the Comprehensive Environmental Envirornuental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq�.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seqet.�.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq�.; as any such snch acts may be amendedx.xxxxxx, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any xxx of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or;
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its employees, officers, agents, contractors, volunteers, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 X.X.X. §0000 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 960100 X.X.X. §0000, et. seq.; the Hazardous Materials Transportation ActXxxxxxxxxxxxxx Xxx, 49 U.S.C. Sec 180100 X.X.X. §0000, et. seq.; the Toxic Substance Control ActXxxxxxx Xxx, 15 U.S.C. Sec. 260100 X.X.X. §0000, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. §9601, et. seq.); the Clean Water ActXxxxx Xxx, 33 U.S.C. Sec. 1251 00 X.X.X. §0000 et. seq.; the Clean Air Act, 42 U.S.C. Sec. §7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. In the event it is determined that there are Hazardous Material(s) upon, within or under the Premises which exist prior to Xxxxxx’s occupying said Premises or any other environmental conditions not caused by Lessee in violation of any environmental regulations, then the Board shall hold Lessee harmless from any claims, liens, losses, damages and expenses, including reasonable attorneys’ fees, resulting thereof. If, in Lessee’s reasonable opinion, said Hazardous Material(s) or violations substantially impair Lessee’s ability to operate upon the Premises and Lessee ceases to operate from the Premises as a direct result thereof, Lessee shall, as its sole remedy, have the right to terminate this Lease by giving written notice to the Board within sixty (60) days of ceasing to operate from the Premises. Lessee shall comply with all local, state and federal laws, codes, rules, and regulations pertaining to asbestos that apply to public schools, pursuant to the terms of the Charter School Contract by and between Lessee and the Board. The parties hereby agree that the MPS Director of Facilities and Maintenance shall provide to Lessee (i) a copy of the management plan in compliance with the Asbestos Hazard Emergency Response Act, 40CFR Part 763, Subpart E enacted prior to Xxxxxx’s occupancy of the Premises and (ii) the most recent three year inspection report for the Premises. Any inspections needed to bring the Premises into compliance with AHERA shall be Xxxxxx’s sole obligation and cost. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. Lessee represents and warrants that its use of the Premises will not include the operation of laboratory facilities or related chemicals, and as such, MPS will not immediately require development and implementation of the safety plan referenced in this paragraph. If circumstances change and Lessee intends on introducing the use of laboratory facilities or related chemicals into the Premises, Lessee shall comply with the requirements of this paragraph before any such uses are commenced at the Premises. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises Premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials beyond lawful limits from the Leased Premises by Lessee, its agents, contractor or invitees; oror (iv) the incorporation by the Lessee of any Hazardous Materials in the Leased Premises. The foregoing indemnification shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. (a) Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by Xxxxxx, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx shall execute affidavits, representations and the like from time to time at Board’s request concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or
Appears in 1 contract
Samples: Lease Agreement
ENVIRONMENTAL POLLUTANTS. Lessee shall not (either with or without negligence) cause or permit the escape, unlawful disposal or release beyond lawful limits of any Hazardous Materials (as hereinafter defined). Lessee, its agents, contractors, invitees, students, shall not bring in or onto the property, Premises, or knowingly allow the storage or use of such substances or prevailing in the industry for the storage and use of such substances or materials. For the purposes of this Section, the term “Hazardous Materials” shall mean, (i) any substances defined as “hazardous substances,” “pollutants,” “contaminants,” “hazardous materials,” “hazardous wastes,” or “hazardous or toxic substances” as now or hereafter defined in any applicable federal, state or local law, regulation, ordinances, or directive, including, but not limited to, the Resource Conversation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et. seq.); the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by XXXX, 42 U.S.C. Sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Sec. 2601, et. seq.; the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 9601, et. seq.); the Clean Water Act, 33 U.S.C. Sec. 1251 et. seq.; the Clean Air Act, 42 U.S.C. Sec. 7412, et. seq.; as any such acts may be amended, modified or supplemented; (ii) those substances listed or otherwise identified in the regulations adopted and publications issued, as may be amended, modified or supplemented, pursuant to any of the above-referenced statutes; (iii) any friable asbestos, airborne asbestos, or any substance or material containing asbestos; (iv) any substance, the presence of which is prohibited by any legal requirement of any governmental authority or which may give rise to an assessment of a governmental authority; and (v) any other substance which by legal requirement of any governmental authority requires special handling in its collection, storage, treatment or disposal. Lessee, in the operation of school laboratories and science classes, and the handling and storage of chemicals used thereof, agrees to comply with the provisions, safety standards, standard operating procedures, control measures, and management practices contained in OSHA’s Laboratory Safety Standard – 29 CFR 1910.1450, “Occupational Exposures to Hazardous Chemicals in Laboratories.” As part of the Laboratory Safety Standard, Lessee is required to develop and implement a comprehensive chemical hygiene/laboratory safety plan that incorporates the provisions found in 29 CFR 1910.1450. As part of the plan, Xxxxxx Lessee agrees to develop and maintain an inventory of all chemicals stored on site, and a complete file of Material Safety Data Sheets pertaining thereof. Prior to occupancy, a completed plan must be codified and fully implemented. Xxxxxx Lessee agrees to submit to MPS a complete copy of their Laboratory Safety Plan. MPS reserves the right to exclude from the site chemicals which are deemed to be detrimental to the welfare of the occupants. If any governmental agency shall ever, in its reasonable discretion, require testing to ascertain whether or not there has been any release of Hazardous Materials by XxxxxxLessee, then all of the reasonable costs thereof shall be reimbursed by the Lessee to the Board upon demand. Xxxxxx Lessee shall execute affidavits, representations and the like from time to time at Board’s request concerning XxxxxxLessee’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Lessee shall unconditionally indemnify and hold harmless the Board, its officers, employees, agents, successors, and assigns from and against any and all losses, claims, damages, penalties, liabilities, costs, and expenses, (including reasonable attorneys’ fees and court costs), fines, injuries, penalties, response costs (including the cost of any required or necessary investigation, testing, monitoring, repair cleanup detoxification, preparation of any closure or other required plans, or other removal, response or remedial action at or relating to the Property) (collectively, the “Claims and Costs”), with respect to, as a direct or indirect result of, or arising out of any of the following: (i) any legal requirements, lawsuit (brought or threatened), reasonable settlement, or requirement of any insurer, relating to the generation, presence, management, disposal, release (or threatened release), escape, seepage, leakage, or cleanup of any Hazardous Materials at, on, from or under all or a portion of the Leased Premises for which the Lessee, its agents, contractors, or invitees are responsible, or (ii) the migration of Hazardous Materials caused by Lessee from the Leased premises to any other property or onto the school property, of (iii) the treatment, disposal or storage of Hazardous Materials or the transportation of Hazardous Materials from the Leased Premises by Lessee, its agents, contractor or invitees; or
Appears in 1 contract
Samples: Lease Agreement
