Existing Environmental Conditions Sample Clauses
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Existing Environmental Conditions. Tenant acknowledges that it --------------------------------- has had the opportunity to review the Environmental Reports (which shall mean Phase I, Phase II and consultants' reports) attached hereto as Exhibit 5.07. ------------ Tenant hereby represents that it has reviewed and is aware of the matters disclosed in the Environmental Reports. As a material consideration for Landlord's willingness to enter into this Lease, Tenant, for itself and its Affiliates, and each of their shareholders, directors, officers, employees, agents, contractors, representatives, insurers, successors and assigns hereby waives and releases Landlord and its Affiliates and each of their shareholders, directors, officers, employees, representatives, agents, contractors, representatives, insurers, successors and assigns from any and all claims, demands, liabilities, costs, expenses, causes of action and rights of action whatsoever, past, present or future, known or unknown, suspected or unsuspected, which arise out of or relate in any way to the violation of Environmental Laws or the use, storage, treatment, disposal, presence, spill, release, or discharge of Substances of Concern at, on or from the Leased Properties before the Commencement Date (collectively, the "Released Claims").
Existing Environmental Conditions. Notwithstanding anything contained in this Section to the contrary, neither Tenant nor its Affiliates shall have any liability to Landlord under this Section resulting from any environmental contamination or environmental conditions existing, or events occurring, or any Hazardous Substances existing or generated, at, in, on, under or in connection with the Premises prior to the Commencement Date of this Lease or any earlier occupancy of the Premises by Tenant (“Environmental Liabilities”) except to the extent Tenant exacerbates the same. Landlord shall indemnify, defend and hold harmless Tenant and its Affiliates and each of their officers, directors and employees (each an “Indemnified Party”) for all third party claims, damages, judgments, fines, costs, penalties, and interest, including attorney fees (collectively, “Damages”), incurred or suffered by an Indemnified Party to the extent that such Damages arise out of or result from any Environmental Liabilities that were not caused by or exacerbated by the Indemnified Party.
Existing Environmental Conditions. Tenant acknowledges that --------------------------------- it has had the opportunity to review the Environmental Reports attached hereto as Exhibit 5.
Existing Environmental Conditions. Tenant acknowledges that it --------------------------------- has had the opportunity to review the Environmental Reports (which shall mean Phase I, Phase II and consultants' reports) attached hereto as Exhibit 5.07. ------------ Tenant hereby represents that it has reviewed and is aware of the matters disclosed in the Environmental Reports. As a material consideration for Landlord's willingness to enter into this Lease, Tenant, for itself and its Affiliates, and each of their shareholders, directors, officers, employees, agents, contractors, representatives, insurers, successors and assigns hereby waives and releases Landlord and its Affiliates and each of their shareholders, directors, officers, employees, representatives, agents, contractors, representatives, insurers, successors and assigns from any and all claims, demands, liabilities, costs, expenses, causes of action and rights of action whatsoever, past, present or future, known or unknown, suspected or unsuspected, which arise out of or relate in any way to the violation of Environmental Laws or the use, storage, treatment, disposal, presence, spill, release, or discharge of Substances of Concern at, on or from the Leased Properties before the Commencement Date (collectively, the "Released Claims"). In the event that Landlord is ordered by a governmental agency, or reasonably determines that it is in its best interest, to remedy any violation of Environmental Laws or to remove or remediate any Substances of Concern present on, under or about the Leased Properties on the Commencement Date, or spilled, released or discharged on, at or from the Leased Properties before the Commencement Date, Tenant shall immediately upon notice from Landlord take all actions, at Tenant's sole expense, to promptly complete such removal or remediation.
Existing Environmental Conditions. Grantor represents and warrants that as of the effective date of this Agreement, (i) the Property complies in all material respects with any applicable federal or state environmental laws and regulations; (ii) Grantor has not (and has no knowledge of any other person or entity which has) caused any production, use, release, threatened release or disposal of any hazardous materials at the Property in any material quantity; and (iii) Grantor has no notice or knowledge of any actual, pending or threatened environmental claims against the Property.
Existing Environmental Conditions. Prior to the execution of this Lease, Landlord has delivered to Tenant an environmental report (the “Environmental Report”) in respect of the Building commissioned by Landlord. Landlord represents to Tenant that as of the date hereof Landlord has no actual knowledge of any environmental matters affecting the Property other than those disclosed in the Environmental Report.
Existing Environmental Conditions. Landlord hereby releases Tenant from any liability arising from any Hazardous Materials that exist in the Complex as of the Lease Commencement Date.
Existing Environmental Conditions. Landlord acknowledges that Tenant may elect to voluntarily undertake remediation of Existing Environmental Conditions in accordance with Applicable Laws notwithstanding that those conditions were caused by and are the responsibility of third parties. Tenant shall obtain all necessary permits for such work.
Existing Environmental Conditions. Tenant acknowledges that detectable amounts of Hazardous Materials (as defined in Section 10.3(e) below) and groundwater contaminants, including petroleum hydrocarbons, have come to be located in soils and in the ground water under or in the vicinity of the Land (the “Existing Environmental Conditions”). This statement is not a declaration that a hazard exists. Tenant acknowledges further that site remediation has been implemented and continues to be implemented on the Premises pursuant to the provisions of the Site Cleanup Requirements adopted by the California Regional Water Quality Control Board (the “Regional Board”) in Order No. R2-2005-0028, including future amendments thereto, and previous Regional Board orders. Tenant has made such investigations and inquiries as it deems appropriate to ascertain the effects, if any, of such Hazardous Materials on its operations and persons using or occupying the Premises. Landlord makes no representation or warranty with regard to the environmental condition of the Premises or the Complex. Tenant, on behalf of itself and its Tenant Parties (“Releasors”), herby covenants and agrees not to ▇▇▇ and forever releases and discharges Landlord, and its members, partners, officers, directors, affiliates, agents, contractors and employees from and against any and all claims, losses, damages, causes of action, costs, liabilities and expense, arising out of hazardous substances or groundwater contamination presently existing on, under or emanating from or to the Premises or the Complex. Tenant, on its own behalf and on behalf of all Releasors, understands and expressly waives any rights or benefits available under Section 1542 of the Civil Code of California or any similar provision in any other jurisdiction. Section 1542 provides substantially as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”
Existing Environmental Conditions. Tenant shall (i) not be liable for the removal or abatement of Hazardous Materials that exist in the Premises as of the Date of this Lease, and (ii) not be responsible for, and shall have no liability for, any violation of the Environmental Restrictions, unless such violation is caused by Tenant or Tenant's agents, employees, contractor or invitees. Landlord has received no written notice from any Governmental Authority with respect to, the Complex regarding any violation of Environmental Laws or the Environmental Restrictions. Landlord shall ensure compliance with the Environmental Restrictions. Tenant's liability for Hazardous Materials shall be as set forth in Section 5.1.25.