Environmental Restrictions. Tenant shall not use the Demised Premises for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical, material, substance or waste (“Hazardous Material”), and that the Demised Premises will be used only in compliance with any and all environmental laws, rules and regulations applicable thereto. Landlord shall have the right, but not the duty, to inspect the Demised Premises and conduct tests thereon should Landlord have a reasonable belief there is Hazardous Material on the Demised Premises. In the event tests indicate the presence of such Hazardous Material, and Tenant has not removed the Hazardous Material on demand, Landlord shall have the right to immediately enter the Demised Premises to remedy any contamination found thereon. In exercising its rights herein, Landlord shall use reasonable efforts to minimize interference with Xxxxxx’s business, but such entry shall not constitute an eviction of Tenant, in whole or in part, and Landlord shall not be liable for any interference, loss, or damage to Tenant’s property or business caused thereby, provided such contamination is not caused by or the result of Landlord’s actions, or the actions. If any lender or governmental agency shall ever require testing to ascertain whether there has been a release of Hazardous Material, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional Rent if such requirement arose because of Tenant’s storage or use of Hazardous Material on the Demised Premises. Tenant shall execute affidavits, representations and the like from time to time, at Landlord’s reasonable request, concerning Xxxxxx’s best actual knowledge and belief regarding the presence of any Hazardous Material on the Demised Premises or Tenant’s intent to store or use Hazardous Material on the Demised Premises.
Environmental Restrictions. Tenant shall not use the Demised Premises for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical, material, substance or waste (“Hazardous Material”), and that the Demised Premises will be used only in compliance with any and all environmental laws, rules and regulations applicable thereto. Landlord shall have the right, but not the duty, to inspect the Demised Premises and conduct tests thereon should Landlord have a reasonable belief there is Hazardous Material on the Demised Premises. In the event tests indicate the presence of such Hazardous Material, and Tenant has not removed the Hazardous Material on demand, Landlord shall have the right to immediately enter the Demised Premises to remedy any contamination found thereon. In exercising its rights herein, Landlord shall use reasonable efforts to minimize interference with Xxxxxx’s business, but such entry shall not constitute an eviction of Tenant, in whole or in part, and Landlord shall not be liable for any interference, loss, or damage to Tenant’s property or business caused thereby, provided
Environmental Restrictions. Tenant shall not cause or permit any Hazardous Materials to be generated, treated, stored on or about the Leased Premises or transferred to the Leased Premises in contravention of Landlord's Tariffs or any other Legal Requirement. Any use of Hazardous Materials by any person on the Leased Premises shall be in strict conformance with all Legal Requirements and shall not cause the Leased Premises to be subject to remedial obligations to protect health or the environment. The term "Hazardous Materials" shall mean any flammables, explosives, radioactive materials, hazardous waste, toxic substances or related materials, including substances defined as "hazardous substances," "hazardous materials," "toxic substances" or "solid wastes" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801, et seq.; the Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq.; the Toxic Substance Control Act, as amended, 15 U.S.
Environmental Restrictions. LESSEE shall not cause or permit any hazardous substances to be brought or remain upon, kept, used, discharged, or emitted in, on, or about the Premises.
Environmental Restrictions. Tenant shall not use the Demised Premises for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical, material, substance or waste (“Hazardous Material”), and that the Demised Premises will be used only in compliance with any and all environmental laws, rules and regulations
Environmental Restrictions. See Section 5.1.25.
Environmental Restrictions. TENANT shall not dispose of waste of any kind, whether hazardous or not, and TENANT shall not conduct any activity which may or does require hazardous materials treatment, storage or disposal permit from any governmental agency.
Environmental Restrictions. The Phase I environmental site assessment identified CRECs in connection with soil contamination, soil vapor and groundwater contamination from the prior operations of an off-site maintenance facility and six related underground storage tanks (since removed), located to the south of the mortgaged property. The borrower filed a Baseline Environmental Assessment (BEA) and Due Care Plan with the Michigan Department of Environmental Quality (MDEQ) that were approved in 2017. The Due Care Plan includes restrictions on any construction activities involving dewatering or excavation of soils, including requiring the use of clean fill material and disposal of excavated soils at an MDEQ-licensed landfill, as well as notice to affected construction workers of the potential for unacceptable exposure risks.
Environmental Restrictions. The Phase I environmental site assessment required in connection with loan origination identified a recognized environmental condition (“REC”) associated with prior on-site manufacturing uses, historical fill material and possible on-site underground storage tanks. A Phase II investigation was conducted and recommended site-wide institutional controls to address historical fill material, including the filing of a site-wide deed notice, issuance of a NJ Department of Environmental Protection Remedial Action Plan for soils and filing of a virtual site-wide Classified Exception Area for groundwater. Engineering controls would include a site-wide protective cap that eliminates exposure to contaminated soils. Since the existing building slab acts as a protective site-wide cap, the required remedial actions are principally administrative in nature. The loan documents provide for an up-front reserve of $69,925 (125% of the estimated cost of the contingencies identified in the Phase II investigation) and the borrower’s covenant to obtain a Remedial Action Outcome with supporting documentation within 18 months of the loan origination (subject to extension with lender approval).
Environmental Restrictions. Tenant shall not use the Demised Premises for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical, material, substance or waste (“Hazardous Material”), and that the Demised Premises will be used only in compliance with any and all environmental laws, rules and regulations applicable thereto. Landlord shall have the right, but not the duty, to inspect the Demised Premises and
