Environmental Provisions. Section 17.01. Tenant represents, warrants and covenants that it has obtained, is in compliance with, and will continue to comply with all permits, licenses and other authorizations which are required under all environmental laws and regulations, including laws relating to emission, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes into the environment (including, without limitation, air, surface water, groundwater, or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant. Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency. Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws. Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of any claim for environmental cleanup costs, any resulting damage to the environment and any other environmental claims against the Tenant, the Landlord, or the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Janus Hotels & Resorts Inc), Lease Agreement (Janus Hotels & Resorts Inc)
Environmental Provisions. Section 17.011. Tenant representsThe Lessor, warrants to the best of its knowledge, represents to the Lessee that no toxic, explosive or other dangerous materials or hazardous substances have been concealed within, buried beneath, released on or form, or removed from and covenants that it has obtained, stored off-site of the Property upon which the Leased Premises is in compliance with, and will continue to constructed.
Section 2. Lessee shall at all items during the term of this Lease comply with all permitsapplicable federal, licenses state, and other authorizations which are required under all environmental laws and local laws, regulations, administrative rulings, orders, ordinances, and the like, pertaining to the protection of the environment, including laws relating to emissionbut not limited to, dischargesthose regulating the handling and disposal of waste materials. Further, releases during the term of this Lease, neither Lessee nor any agent or threatened releases party acting at the direction or with the consent of pollutantsLessee shall treat, contaminantsstore or dispose of any "hazardous substance," as defined in Section 101 (14) of the Comprehensive Environmental Response, chemicalsCompensation and Liability Act of 1980 ("CERCLA") or petroleum (including crude oil or any fraction thereof) on or from the Property.
Section 3. Lessee shall fully and promptly pay, perform, discharge, defend, indemnify and hold harmless Lessor from any and all claims, orders demands, causes of action, proceedings, judgments, or industrialsuits and all liabilities, toxic losses, costs or hazardous substances or wastes into the environment expenses (including, without limitation, airtechnical consultant fees, surface watercourt costs, groundwaterexpenses paid to third parties and reasonable legal fees) and damages arising out of, or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of, (i) any "release" as defined in Section 101 (22) of CERCLA, of any claim for environmental cleanup costs"hazardous substance," as defined in Section 101 (14) of CERCLA, or petroleum, (including crude oil or any resulting fraction thereof) or placed into, on or from the Property at any time after the date of this Lease by Lessee, its agents, or employees; (ii) any contamination of the Property's soil or groundwater or damage to the environment and any other environmental claims against natural resources of the Tenant, Property the Landlord, or result of actions occurring after the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration date of this Lease, whether arising under CERCLA or other statutes and regulations, or common law by Lessee, its agents, or employees; and (iii) any toxic, explosive or otherwise dangerous materials or hazardous substances which have been buried beneath, concealed within or released on or from the Property after the date of this Lease by Lessee, its agents, or employees. LESSOR INDEMNIFIES THE LESSEE FROM ANY OF THE CLAIMS OUTLINED ABOVE ATTRIBUTABLE TO ACTS AND CIRCUMSTANCES PRIOR TO THE DATE OF LESSEE'S OCCUPANCY OR SUBSEQUENT TO LESSEE'S OCCUPANCY IF NOT SPECIFICALLY ATTRIBUTABLE TO THE CONDUCT OF THE LESSEE, ITS AGENTS OR EMPLOYEES.
Appears in 1 contract
Environmental Provisions. Section 17.01SECTION 1. Tenant representsThe Lessor, warrants to the best of its knowledge, represents to the Lessee that no toxic, explosive or other dangerous materials or hazardous substances have been concealed within, buried beneath, released on or from, or removed from and covenants that it has obtained, stored off-site of the Property upon which the Leased Premises is in compliance with, and will continue to constructed.
SECTION 2. Lessee shall at all times during the term of this Lease comply with all permitsapplicable federal, licenses state, and other authorizations which are required under all environmental laws and local laws, regulations, administrative rulings, orders, ordinances, and the like, pertaining to the protection of the environment, including laws relating to emissionbut not limited to, dischargesthose regulating the handling and disposal of waste materials. Further, releases during the term of this Lease, neither Lessee nor any agent or threatened releases party acting at the direction or with the consent of pollutantsLessee shall treat, contaminants, chemicalsstore, or industrialdispose of any "hazardous substance," as defined in Section 101 (14) of the Comprehensive Environmental Response, toxic Compensation and Liability Act of 1980 ("CERCLA ") (or hazardous substances any analogous legislation), or wastes into petroleum (including crude oil or any fraction thereof) on or from the environment Property.
SECTION 3. Lessee shall fully and promptly pay, perform, discharge, defend, indemnify and hold harmless Lessor from any and all claims, orders, demands, causes of action, proceedings, judgments, or suits and all liabilities, losses, costs or expenses (including, without limitation, airtechnical consultant fees, surface watercourt costs, groundwaterexpenses paid to third parties and reasonable legal fees) and damages arising out of, or landas a result of, (i) any "release" as defined in Section 101 (22) of CERCLA (or any analogous legislation), of any "hazardous substance," as defined in Section 101 (14) of CERCLA (or any analogous legislation), or otherwise relating to petroleum, (including crude oil or any fraction thereof) or placed into, on or from the manufactureProperty at any time after the date of this Lease by Lessee, processing, distribution, use, treatment, storage, disposal, transportits agents, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have employees; (ii) any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business contamination of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution Property's soil or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, groundwater or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of any claim for environmental cleanup costs, any resulting damage to the environment and any other environmental claims against natural resources of the Tenant, Property the Landlord, or result of actions occurring after the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration date of this Lease, whether arising under CERCLA or other statutes and regulations, or common law by Lessee, its agents, or employees; and (iii) any toxic, explosive or otherwise dangerous materials or hazardous substances which have been buried beneath, concealed within or released on or from the Property after the date of this Lease by Lessee, its agents or employees.
Appears in 1 contract
Environmental Provisions. Section 17.011. Tenant representsThe Lessor, warrants to the best of its knowledge, represents --------- to the Lessee that no toxic, explosive or other dangerous materials or hazardous substances have been concealed within, buried beneath, released on or from, or removed from and covenants that it has obtained, stored off-site of the Property upon which the Leased Premises is in compliance with, and will continue to constructed.
Section 2. Lessee shall at all times during the term of this -------- Lease comply with all permitsapplicable federal, licenses state, and other authorizations which are required under all environmental laws and local laws, regulations, administrative rulings, orders, ordinances, and the like, pertaining to the protection of the environment, including laws relating to emissionbut not limited to, dischargesthose regulating the handling and disposal of waste materials. Further, releases during the term of this Lease, neither Lessee nor any agent or threatened releases party acting at the direction or with the consent of pollutantsLessee shall treat, contaminants, chemicalsstore, or industrialdispose of any "hazardous substance," as defined in Section 101(14) of the Comprehensive Environmental Response, toxic Compensation and Liability Act of 1980 ("CERCLA") , or hazardous substances petroleum (including crude oil or wastes into any fraction thereof) on or from the environment Property.
Section 3. Lessee shall fully and promptly pay, perform, --------- discharge, defend, indemnify and hold harmless Lessor from any and all claims, orders, demands, causes of action, proceedings, judgments, or suits and all liabilities, losses, costs or expenses (including, without limitation, airtechnical consultant fees, surface watercourt costs, groundwaterexpenses paid to third parties and reasonable legal fees) and damages arising out of, or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of, (i) any "release" as defined in Section 101(22) of CERCLA, of any claim for environmental cleanup costs"hazardous substance," as defined in Section 101(14) of CERCLA, or petroleum, (including crude oil or any resulting fraction thereof) or placed into, on or from the Property at any time after the date of this Lease by Lessor, its agents, or employees; (ii) any contamination of the Property's soil or groundwater or damage to the environment and any other environmental claims against natural resources of the Tenant, Property the Landlord, or result of actions occurring after the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration date of this Lease, whether arising under CERCLA or other statutes and regulations, or common law by Lessee, its agents, or employees; and (iii) any toxic, explosive or otherwise dangerous materials or hazardous substances which have been buried beneath, concealed within or released on or from the Property after the date of this Lease. THIS SUBSECTION SHALL APPLY ONLY IN THE EVENT ANY OF THE SAID ACTS WERE ACTUALLY UNDERTAKEN BY THE LESSEE, LESSEE'S SUPPLIERS OR UNDERTAKEN ON LESSEE'S BEHALF.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
Environmental Provisions. Section 17.01. Tenant represents, warrants and covenants that it has obtained, is in compliance with, and will continue to comply with all permits, licenses and other authorizations which are required under all environmental laws and regulations, including laws relating to emission, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes into the environment (including, without limitation, air, surface water, groundwater, or land), or otherwise relating to the manufacture, processing, distribution,
23.1 CONCESSIONAIRE shall not use, treatment, storage, disposalstore, transport, or handling or pollutantsdispose of any fuels, contaminantsoil, chemicalsgrease, lubricants, or industrialother Hazardous Materials to, toxic from, within, or hazardous substances upon the Premises in a manner which violates any Federal, State or wastesLocal Laws.
23.2 The ENGLAND AUTHORITY, except by it officers, employees, agents, representative, contractor and furnisher of utilities and other services, shall have the right at all reasonable times to enter the Premises for the purpose of inspecting the same for emergency repairs to the utility systems, for environmental testing, and for any other purpose necessary for or incidental to or connected with the performance of the ENGLAND AUTHORITY's obligations hereunder, or in the exercise of its governmental functions or in the ENGLAND AUTHORITY’s capacity as owner of AEX. The ENGLAND AUTHORITY shall, to the extent failure permitted under applicable law, preserve the confidentiality of all information obtained through such inspections, unless the CONCESSIONAIRE has consented to have any disclosure or has publicly released such permitinformation .
23.3 CONCESSIONAIRE, license or authorization does not have a material adverse effect on at the financial condition, operations, prospects, or business request of the Tenant.
Section 17.02. Tenant ENGLAND AUTHORITY, shall comply with make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the requirements of all material federaldocuments and materials the CONCESSIONAIRE has prepared pursuant to any Federal, stateState and Local Laws or Regulations or submitted to any governmental regulatory agency; provided, that such documents and local materials related to environmental laws relating issues or Federal, State and Local Laws or Regulations and are pertinent to the ENGLAND AUTHORITY or the Leased Premises; . If any Federal, State and Local Laws or Regulations require the CONCESSIONAIRE to file any notice or report of a release or threatened release of Hazardous Materials or Special Wastes on, under or about the Leased Premises or the Airport, the CONCESSIONAIRE shall immediately notify the Landlord in the event provide a copy of any material spill, pollution such report or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward notice to the Landlord any notices relating ENGLAND AUTHORITY and, to the extent practicable, shall receive the approval of the ENGLAND AUTHORITY prior to submitting such matters received from any notice or report to the appropriate governmental agency.
Section 17.03. Tenant shall immediately contain 23.4 CONCESSIONAIRE agrees and remove at acknowledges that its sole cost obligations and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will duties to indemnify, defenddefend and hold ENGLAND AUTHORITY, its agents, officers, and hold the Landlord employees harmless, as set forth in Section 9 and other portions of this CRCA, do also encompass and specifically include indemnifying, defending, and holding harmless ENGLAND AUTHORITY, its agents, officers, and employees from and against any claimloss, costdamages, damage (including without limitation consequential damages)liabilities, expense (including without limitation reasonable judgments, claims, expenses, penalties, costs, and attorneys' and consultants' fees and expenses)arising out of or involving any Hazardous Material stored, lossused, liabilitymanufactured, disposed of, transported, or judgement now released on the Premises during the term of this CRCA by Concessionaire or hereafter arising any third party that is under the direct control of CONCESSIONAIRE (provided, however, CONCESSIONAIRE shall have no liability under this CRCA with respect to underground migration of any Hazardous Material under the Premises not caused by CONCESSIONAIRE, nor shall CONCESSIONAIRE be liable for any Hazardous Materials that existed in, on or under the Premises prior to CONCESSIONAIRE’s occupancy of the Premises from an identified location on the property adjacent to the Premises). CONCESSIONAIRE'S obligations hereunder shall include, but not be limited to, the effects of any contamination or injury to any person, property or the environment created or suffered by CONCESSIONAIRE, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this CRCA. Any such work shall be at CONCESSIONAIRE'S sole cost and must receive the prior written approval of ENGLAND AUTHORITY. No termination, cancellation or release agreement entered into by ENGLAND AUTHORITY and CONCESSIONAIRE shall release CONCESSIONAIRE from its obligations under this CRCA with respect to Hazardous Materials, unless specifically agreed to by ENGLAND AUTHORITY in writing at the time of such agreement.
23.5 The ENGLAND AUTHORITY complies with the Federal Clean Water Act and must maintain a General Permit- National Pollutant Discharge Elimination Systems (NPDES) Industrial Stormwater Discharge Permit issued by the Louisiana Department of Environmental Quality (LDEQ). The permit is implemented through a Storm Water Pollution Prevention Plan (SWPPP) and a Storm Water Management Plan (SWMP). These plans identify specific best management practices the Airport and tenants must employ to prevent storm water pollution. The CONCESSIONAIRE shall not engage in any activity that results in a permit being exceeded for specific pollutants based on the amount of leased building space. The ENGLAND AUTHORITY may require reduction or elimination of activities as needed to meet permit requirements, as identified by the ENGLAND AUTHORITY and at no additional compensation. As a matter of best management practice the:
A. CONCESSIONAIRE shall reduce non-storm water discharges to the maximum extent practicable by:
(1) Inspecting vehicles and any equipment, stored on the Premises, for leaks frequently – repair leaks promptly;
(2) Cleaning up and properly disposing of spills – notifying the ENGLAND AUTHORITY immediately of any spills of hazardous materials; and
(3) Educating employees in the reduction of storm water pollution by sound environmental practices.
B. CONCESSIONAIRE shall be responsible for fines assessed against the ENGLAND AUTHORITY by LDEQ as a result of negligent activities by the CONCESSIONAIRE or its employees. The following practices are prohibited on the Premises:
(1) Hosing down any claim for environmental cleanup costsexterior area where wash water will discharge to a storm drain or conveyance ditch; and
(2) Washing, any resulting damage to the environment and any other environmental claims against the Tenantwaxing, the Landlord, cleaning or repairing vehicles on the Premises relating to any act or failure to act in areas other than the wash bays and service bays designated for such activities. Any exception must be specifically approved in advance by Tenant or anyone claiming under Tenantthe ENGLAND AUTHORITY.
C. Storm Water Pollution Prevention Plan. The provisions of this Section 17.04 CONCESSIONAIRE, in conjunction with other CONCESSIONAIRES, shall continue in effect abide by the ENGLAND AUTHORITY’s Stormwater Pollution Prevention Plan (SWPPP) and shall survive Storm Water Management Plan (among other events) any termination or expiration of this LeaseSWMP).
Appears in 1 contract
Samples: Car Rental Concession Agreement
Environmental Provisions. Section 17.01. Tenant represents, warrants and covenants shall conduct its business operations at the Premises in a manner such that it has obtained, is in compliance with, and will continue to comply with all permits, licenses and other authorizations which are required under all environmental laws and regulations, including laws relating to emission, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes into the environment (including, without limitation, air, surface water, groundwater, or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation laws, ordinances, and regulations governing the Premises ("Hazardous MaterialMaterials Laws"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense not use, generate, manufacture, store, or dispose of on, under, or about the Premises or transport to or from the Premises any Hazardous Material found on Materials in violation of Hazardous Materials Laws. "Hazardous Materials" are any flammable, explosive, radioactive, toxic, or other related materials are regulated or become regulated under Hazardous Materials Laws, including, but not limited to, "hazardous substances" as defined in the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04Comprehensive Environmental Response and Liability Act of 1980, 42 U.S.C. 9601, et seq. Tenant will indemnifyhereby agrees to indemnify Landlord, defendits officers, directors, agents, and employees and hold the Landlord Landlord, its officers, directors, agents, and employees harmless from and against any claimand all claims, costlosses, damage damages, liabilities, fines, penalties, charges, administrative, and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including without limitation consequential damages)including, expense (including without limitation but not limited to, reasonable attorneys' attorney's fees and expenses), lossarising directly or indirectly, liabilityin whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the Lease and whether by Tenant or any assignees, licensees, employees, agents, contractors, or judgement now subcontractors of Tenant in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or hereafter arising as a result disposal of any claim for environmental cleanup costsHazardous Materials at any time located or present on, any resulting damage under, or about the Premises. Notwithstanding anything to the environment contrary herein, Tenant shall not be liable or responsible for any environmental conditions that (i) existed on the Premises prior to Tenant's occupancy of the Premises, (ii) was caused or exacerbated by Landlord or Landlord's employees, agents, contractors, or subcontractors, or (iii) was caused or exacerbated by any party other than Tenant or Tenant Parties, provided that Tenant shall bear the burden of proving that any contamination occurring during Tenant's occupancy of the Premises was caused or exacerbated by such third party. Each party shall promptly advise the other party to this Lease in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed, or threatened pursuant to any other environmental Hazardous Materials Laws; (ii) all claims made or threatened by any third party against the Landlord, Tenant, the Landlord, or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any act Hazardous Materials; and (iii) Tenant's or failure Landlord's, as applicable, discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to act by Tenant be subject to any restrictions on the ownership, occupancy, transferability, or anyone claiming use of the Premises under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration of this Leaseapplicable laws.
Appears in 1 contract
Samples: Lease (Beyond Meat, Inc.)
Environmental Provisions. Section 17.011. The Landlord, to the best of its knowledge, represents to the Tenant that no toxic, explosive or other dangerous materials or hazardous substances have been concealed within, buried beneath, released on or from, or removed from and stored off-site of the Property upon which the Leased Premises is constructed.
Section 2. Tenant represents, warrants and covenants that it has obtained, is in compliance with, and will continue to shall at all times during the term of this Lease comply with all permitsapplicable federal, licenses state, and other authorizations which are required under all environmental laws and local laws, regulations, administrative rulings, orders, ordinances, and the like, pertaining to the protection of the environment, including laws relating to emissionbut not limited to, dischargesthose regulating the handling and disposal of waste materials. Further, releases during the term of this Lease, neither Tenant nor any agent or threatened releases party acting at the direction or with the consent of pollutantsTenant shall treat, contaminants, chemicalsstore, or industrialdispose of any "hazardous substance," as defined in Section 101 (14) of the Comprehensive Environmental Response, toxic Compensation and Liability Act of 1980 ("CERCLA") (or hazardous substances any analogous legislation), or wastes into petroleum (including crude oil or any fraction thereof) on or from the environment Property.
Section 3. Tenant shall fully and promptly pay, perform, discharge, defend, indemnify and hold harmless Landlord from any and all claims, orders, demands, causes of action, proceedings, judgments, or suits and all liabilities, losses, costs or expenses (including, without limitation, airtechnical consultant fees, surface watercourt costs, groundwaterexpenses paid to third parties and reasonable legal fees) and damages arising out of, or landas a result of, (i) any "release" as defined in Section 101 (22) of CERCLA (or any analogous legislation), of any "hazardous substance," as defined in Section 101 (14) of CERCLA (or any analogous legislation), or otherwise relating to petroleum, (including crude oil or any fraction thereof) or placed into, on or from the manufactureProperty at any time after the date of this Lease by Tenant, processing, distribution, use, treatment, storage, disposal, transportits agents, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have employees; (ii) any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business contamination of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution Property's soil or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, groundwater or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of any claim for environmental cleanup costs, any resulting damage to the environment and any natural resources of the Property the result of actions occurring after the date of this Lease, whether arising under CERCLA or other environmental claims against the statutes and regulations, or common law by Tenant, the Landlordits agents, or the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect employees; and shall survive (among other eventsiii) any termination toxic, explosive or expiration otherwise dangerous materials or hazardous substances which have been buried beneath, concealed within or released on or from the Property after the date of this Lease.
Appears in 1 contract
Environmental Provisions. Section 17.011. Tenant representsThe Lessor, warrants to the best of its knowledge, represents to the Lessee that no toxic, explosive or other dangerous materials or hazardous substances have been concealed within, buried beneath, released on or from, or removed from and covenants that it has obtained, stored off-site of the Property upon which the Leased Premises is in compliance with, and will continue to constructed.
Section 2. Lessee shall at all times during the term of this Lease comply with all permitsapplicable federal, licenses state, and other authorizations which are required under all environmental laws and local laws, regulations, administrative rulings, orders, ordinances, and the like, pertaining to the protection of the environment, including laws relating to emissionbut not limited to, dischargesthose regulating the handling and disposal of waste materials. Further, releases during the term of this Lease, neither Lessee nor any agent or threatened releases party acting at the direction or with the consent of pollutantsLessee shall treat, contaminants, chemicalsstore, or industrialdispose of any "hazardous substance," as defined in Section 101 (14) of the Comprehensive Environmental Response, toxic Compensation and Liability Act of 1980 ("CERCLA"), or hazardous substances petroleum (including crude oil or wastes into any fraction thereof) on or from the environment Property.
Section 3. Lessee shall fully and promptly pay, perform, discharge, defend, indemnify and hold harmless Lessor from any and all claims, orders, demands, causes of action, proceedings, judgments, or suits and all liabilities, losses, costs or expenses (including, without limitation, airtechnical consultant fees, surface watercourt costs, groundwaterexpenses paid to third parties and reasonable legal fees) and damages arising out of, or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of, (i) any "release" as defined in Section 101 (22) of CERCLA, of any claim for environmental cleanup costs"hazardous substance," as defined in Section 101 (14) of CERCLA, or petroleum, (including crude oil or any resulting fraction thereof) or placed into, on or from the Property at any time after the date of this Lease by Lessee, its agents, or employees; (ii) any contamination of the Property's soil or groundwater or damage to the environment and any other environmental claims against natural resources of the Tenant, Property the Landlord, or result of actions occurring after the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration date of this Lease, whether arising under CERCLA or other statutes and regulations, or common law by Lessee, its agents, or employees; and (iii) any toxic, explosive or otherwise dangerous materials or hazardous substances which have been buried beneath, concealed within or released on or from the Property after the date of this Lease by Lessee, its agents, or employees. LESSOR INDEMNIFIES THE LESSEE FROM ANY OF THE CLAIMS OUTLINED ABOVE ATTRIBUTABLE TO ACTS AND CIRCUMSTANCES PRIOR TO THE DATE OF LESSEE'S OCCUPANCY OR SUBSEQUENT TO LESSEE'S OCCUPANCY IF NOT SPECIFICALLY ATTRIBUTABLE TO THE CONDUCT OF THE LESSEE, ITS AGENTS OR EMPLOYEES.
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Environmental Provisions. Section 17.01. Tenant representsshall not, warrants and covenants that it has obtainedwithout the prior written ------------------------ consent of Landlord, is in compliance withcause or permit any hazardous substances (defined below) to be brought or remain upon, and will continue to comply with all permitskept, licenses and other authorizations which are required under all environmental laws and regulationsused, including laws relating to emissiondischarged, discharges, releases or threatened releases of pollutants, contaminants, chemicalsleaked, or industrial, toxic emitted in or hazardous substances or wastes into the environment (including, without limitation, air, surface water, groundwaterabout, or land)treated, at the Property. As used in this Sublease, "Hazardous Substances" means any hazardous, etiological, toxic, or otherwise relating to the manufactureradioactive substance, processingmaterial, distribution, use, treatment, storage, disposal, transportmatter, or handling waste that is or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to becomes during the extent failure to have Sublease Term regulated by any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law law, ordinance, order, rule, regulation, code, or regulation (any governmental restriction or requirement, and shall include but not be limited to asbestos, petroleum products, polychlorinated biphenyls and the terms "Hazardous MaterialSubstance" and "); Hazardous Waste" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C.(S)9601, et seq., and the Resources Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901, et seq. In addition to, and in no way limiting, Tenant's duties and obligations as set forth in this Sublease, should Tenant breach any of its duties and obligations as set forth in this section, or if the presence of any Hazardous Substances on the Property results in contamination of the Property or any other property, the atmosphere, or any water or waterway (including groundwater) or if contamination of the Property by any Hazardous Substances otherwise occurs for which Tenant is otherwise legally liable to Landlord for damages resulting therefrom, Tenant shall immediately forward indemnify, hold harmless and, at Landlord's option, defend Landlord, and its successors, assigns, contractors, agents, employees, shareholders, partners, officers, directors, affiliates and any entity or persons providing financing to the Landlord any notices relating to such matters received as well as the Master Landlord, from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and expense losses of any Hazardous Material found and every kind and nature, including, without limitation, diminution in value of the Property , damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises if caused by Tenant or anyone acting under Tenant; such work must be done the Building, damages arising from any adverse impact on marketing space in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defendthe Building, and hold the Landlord harmless from sums paid in settlement of claims and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable for attorneys' fees, consultant fees, and expert fees and expenses)that may arise during or after the Sublease Term or any Extensions, lossif exercised, liability, or judgement now or hereafter arising as a result of that contamination. This includes, without limitation, costs and expenses incurred in connection with any claim for environmental cleanup costsinvestigation of site conditions or any cleanup, remedial, removal, or restoration work required by any resulting damage federal, state, or local governmental agency or political subdivision because of the presence of Hazardous Substances on or about the Property, or because of the presence of Hazardous Substances anywhere else that came or otherwise emanated from Tenant or the Property. Without limiting the foregoing, if the presence of any Hazardous Substances on or about the Property caused or permitted by Tenant results in any contamination of the Property Tenant shall, at its sole expense, promptly take all actions and expense as are necessary to return the Premises and the Building to the environment and condition existing prior tot he introduction of any other environmental claims against Hazardous Substances to the TenantProperty; provided, the however, that Landlord, or the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions 's written approval of this Section 17.04 these actions shall continue in effect and shall survive (among other events) any termination or expiration of this Leasefirst be obtained.
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Environmental Provisions. Section 17.011. Tenant representsThe Lessor, warrants to the best of its knowledge, represents to --------- the Lessee that no toxic, explosive or other dangerous materials or hazardous substances have been concealed within, buried beneath, released on or from, or removed from and covenants that it has obtained, stored off-site of the Property upon which the Leased Premises is in compliance with, and will continue to constructed.
Section 2. Lessee shall at all times during the term of this Lease --------- comply with all permitsapplicable federal, licenses state, and other authorizations which are required under all environmental laws and local laws, regulations, administrative rulings, orders, ordinances, and the like, pertaining to the protection of the environment, including laws relating to emissionbut not limited to, dischargesthose regulating the handling and disposal of waste materials. Further, releases during the term of this Lease, neither Lessee nor any agent or threatened releases party acting at the direction or with the consent of pollutantsLessee shall treat, contaminants, chemicalsstore, or industrialdispose of any "hazardous substance," as defined in Section 101 (14) of the Comprehensive Environmental Response, toxic Compensation and Liability Act of 1980 ("CERCLA"), or hazardous substances petroleum (including crude oil or wastes into any fraction thereof) on or from the environment Property.
Section 3. Lessee shall fully and promptly pay, perform, discharge, --------- defend, indemnify and hold harmless Lessor from any and all claims, orders, demands, causes of action, proceedings, judgments, or suits and all liabilities, losses, costs or expenses (including, without limitation, airtechnical consultant fees, surface watercourt costs, groundwaterexpenses paid to third parties and reasonable legal fees) and damages arising out of, or land), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling or pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, except to the extent failure to have any such permit, license or authorization does not have a material adverse effect on the financial condition, operations, prospects, or business of the Tenant.
Section 17.02. Tenant shall comply with the requirements of all material federal, state, and local environmental laws relating to the Premises; shall immediately notify the Landlord in the event of any material spill, pollution or contamination affecting the Premises from oil, friable asbestos, hazardous waste, hazardous material, or other waste or material regulated or limited by applicable federal, state, or local environmental law or regulation ("Hazardous Material"); and shall immediately forward to the Landlord any notices relating to such matters received from any governmental agency.
Section 17.03. Tenant shall immediately contain and remove at its sole cost and expense any Hazardous Material found on the Premises if caused by Tenant or anyone acting under Tenant; such work must be done in compliance with applicable laws.
Section 17.04. Tenant will indemnify, defend, and hold the Landlord harmless from and against any claim, cost, damage (including without limitation consequential damages), expense (including without limitation reasonable attorneys' fees and expenses), loss, liability, or judgement now or hereafter arising as a result of, (I) any "release" as defined in Section 101 (22) of CERCLA, of any claim for environmental cleanup costs"hazardous substance," as defined in Section 101 (14) of CERCLA, or petroleum, (including crude oil or any resulting fraction thereof) or placed into, on or from the Property at any time after the date of this Lease by Lessee, its agents, or employees; (ii) any contamination of the Property's soil or groundwater or damage to the environment and any other environmental claims against natural resources of the Tenant, Property the Landlord, or result of actions occurring after the Premises relating to any act or failure to act by Tenant or anyone claiming under Tenant. The provisions of this Section 17.04 shall continue in effect and shall survive (among other events) any termination or expiration date of this Lease, whether arising under CERCLA or other statutes and regulations, or common law by Lessee, its agents, or employees; and (iii) any toxic, explosive or otherwise dangerous materials or hazardous substances which have been buried beneath, concealed within or released on or from the Property after the date of this Lease by Lessee, its agents, or employees.
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