Existing Hazardous Materials. Provide a letter to the owner advising of the extents of potential hazardous materials as indicated and provided by The Environmental Division of the Facilities and Construction Group. Outline the (or any) optional or alternate means of removal and timing of removal for Owner review and direction.
Existing Hazardous Materials. “Existing Hazardous Materials” shall mean those Hazardous Materials, if any, specifically described as being present at the Project in excess of amounts permitted pursuant to Applicable Laws pursuant to those certain environmental reports listed on Exhibit 5.4.7, attached, copies of which have been provided to Tenant.
Existing Hazardous Materials. Prior to the Commencement Date, Landlord caused to be performed the Environmental Assessments which identified certain environmental conditions and the Existing Hazardous Materials affecting portions of the Central Health Downtown Campus, including the Property. Xxxxxxxx agrees that it shall be responsible, at its sole cost and expense, to remove and remediate or encapsulate, to the extent reasonably possible, all actionable Existing Hazardous Materials prior to, or in cooperation with, any construction performed by Tenant or any Subtenants hereunder. Tenant shall reasonably cooperate with Landlord in any building demolition if an economy of scale exists in combined remediation/abatement/encapsulation and demolition activity. Landlord shall be responsible only for abatement, remediation, and/or encapsulation of actionable environmental hazards which exist as of the Commencement Date. Hazards posed to construction workers, whether during demolition or new construction, shall be Tenant’s obligation as to personnel protective equipment and construction safety, and compliance with all applicable laws and regulations; provided, however, Landlord shall also be responsible for hazards posed to construction workers during the demolition of the Block 165/167 Improvements and compliance with all applicable laws and regulations relative thereto. Landlord shall not be responsible for any potential delay in any Project caused by exposure of actionable Hazardous Materials exposed by any renovation or construction activity.
Existing Hazardous Materials. Subject to the provision of Paragraph 19 of Part II, upon the discovery of any Hazardous Materials existing on the Site at the date of this Agreement, for which Contractor does not have liability under this Agreement, Contractor shall (i) promptly cease work in the affected area and direct its workers and Subcontractors not to remove or further disturb the material or item; (ii) promptly notify Company of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the Site, any property or person, and the performance of the Work and (iv) follow any and all directions of Company’s Representative with respect to such discoveries. Contractor shall at Company's expense remediate such existing Hazardous Materials but only at the direction of Company to do so.
Existing Hazardous Materials. Tenant’s indemnification of Landlord under this Section 0 shall not be applicable to any Hazardous Materials that were located on the Premises, the Building, or the Land on the Commencement Date, nor any Hazardous Materials placed on the Premises, the Building, or the Land by Landlord, its employees, agents, or contractors.
Existing Hazardous Materials. Notwithstanding anything to the contrary in this Lease, Tenant shall not be responsible for any Hazardous Materials that are found to be present in any portion of the Premises prior to the Delivery Date of such portion (“Existing Hazardous Materials”); provided, however, if and to the extent that Landlord adopts any Operations and Maintenance Plan (“O&M Plan”) regarding any Hazardous Materials (including, without limitation, any Existing Hazardous Materials), then, after written notice of such O&M Plan is delivered to Tenant, then, to the extent applicable, Tenant shall adhere to the O&M Plan (as it may be amended, modified or superseded) as it applies to the Premises and Xxxxxx’s use and occupancy thereof throughout the Term; provided, however, any O&M Plan adopted by Landlord regarding Existing Hazardous Materials shall be consistent with the prior Operations and Maintenance Plan delivered to and reviewed by Tenant as the same may be revised by Landlord in Landlord’s reasonable discretion in accordance with prudent industry practices for comparable buildings with similar Existing Hazardous Materials.
Existing Hazardous Materials. Upon the discovery of any improper use, storage, or disposal of a Hazardous Material (as that term is defined in Section 3. 11 (D) below), or unsafe condition that poses a threat to human health or safety or the environment, existing at the site of the Services at the date of this Agreement that is not an environmental issue caused by Transwestern's negligent acts or omissions, Transwestern shall :(i) promptly cease work in the affected area and direct its workers and subcontractors not to remove or further disturb the material or item; (ii) promptly notify Customer of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the performance of the Services and (iv) follow any and all directions of Customer or its representatives with respect to such discoveries so long as such directions are in accordance with appropriate laws and regulations. Customer hereby expressly indemnifies Transwestern and its subcontractors from all responsibilities, claims or liabilities arising: (i) under the provisions of Section 3.11, and (ii) from actions taken by Transwestern in accordance with Subsection 3.10 (A) (iv) above. Customer shall be responsible for the removal from the site of the Services or for otherwise making safe in accordance with applicable law any such Hazardous Material or unsafe condition existing at the site of the Services at the date of this Agreement that is not an environmental issue caused by Transwestern's negligent acts or omissions, and Transwestern shall not be required to remove or handle any such Hazardous Material or unsafe condition. Any delay or additional cost as a result of such discovery or Customer's directions with respect thereto shall be the responsibility of Customer. Transwestern shall not, without the written consent of Customer, bring onto the site of the Services any Hazardous Materials. Transwestern shall upon termination of this Agreement remove any Hazardous Materials brought onto the site by Transwestern in full compliance with all applicable laws and regulations. Transwestern shall be solely liable for any and all damages, fines and penalties in any way connected with Hazardous Materials brought onto the site by Transwestern or with Transwestern's failure to comply with any law or regulation applicable to Transwestern's use of Hazardous Materials at or removal or failure to remove any Hazardous Materials from the site.
Existing Hazardous Materials. As of the date of execution of this Agreement, City shall provide to District any reports, assessments and similar materials pertaining to Hazardous Materials review and assessment of the Premises (“Hazardous Materials Reports”), provided that the Hazardous Materials Reports are: (i) limited to those known to the City and in the possession and custody of the City as of the date of this Agreement at the Premises; and (ii) for information only, the District acknowledging that its decision to enter into this Agreement is not based on the Hazardous Materials Report.
Existing Hazardous Materials. Upon the discovery of any improper use, storage, or disposal of a Hazardous Material (as that term is defined in Section 3. 11 (d) below), or unsafe condition that poses a threat to human health or safety or the environment, existing at the site of the Services at the date of this Agreement that is not an environmental issue caused by Transwestern's negligent acts or omissions, Transwestern shall: (i) promptly cease work in the affected area and direct its workers and subcontractors not to remove or further disturb the material or item; (ii) promptly notify Customer of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the performance of the Services and (iv) follow any and all directions of Customer or its representatives with respect to such discoveries so long as such directions are in accordance with appropriate laws and regulations.
Existing Hazardous Materials. Tenant was previously a Tenant in the Building pursuant to that certain Lease dated as of March, 1996 by and between Tenant and Science Park Limited Partnership I as landlord, (together with all amendments to such lease, the “Existing Lease”). Landlord is the successor in interest to Science Park Limited Partnership I. Pursuant to the Existing Lease, Tenant is responsible for remediating, removing and otherwise cleaning up certain Hazardous Materials located on the Real Property, including storage tanks and related equipment attendant to such Hazardous Materials use and other equipment installed by or on behalf of Tenant outside the Premises. This Lease will not be construed in any way to release Tenant of such remediation obligations and all such remediation work shall be diligently performed within ninety (90) days after the expiration or earlier termination of this Lease (no holdover charges will apply to Tenant’s restoration work for such exterior items so long as such work in completed within the ninety (90) day period set forth above).
