EXTRA HAZARDOUS USE. (a) Tenant covenants and agrees that Tenant will not do or permit anything to be done in or upon the Premises, or bring in anything or keep anything therein, which shall invalidate any insurance or increase the rate of insurance, on the Premises or on the Building above the standard rate applicable to like premises in the Financial District of Boston being occupied for the Permitted Use; and Tenant further agrees that, in the event that Tenant shall do any of the foregoing, Tenant will promptly pay to Landlord, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunder. (b) As used herein, Hazardous Substances shall be defined as any “hazardous chemical,” “hazardous substance,” or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Act, as amended (42 U.S.C. 59601, et seq.), any rules or regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees shall not: (i) conduct, or permit to be conducted, any activity, including, but not limited to, the dumping or storage of Hazardous Substance, on the Premises and/or the Building, which would give rise to a lien pursuant to the provisions of Massachusetts General Laws Chapter 21E (Massachusetts Oil and Hazardous Materials Release Prevention Act); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which shall be used in accordance with applicable laws. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by Tenant, but shall thereafter be deemed to be a Hazardous Substance. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all costs, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result of any claims, demands, costs or judgments against the Landlord, in any manner arising out of Tenant’s failure to comply with the provisions of this Section 13.1. (c) Landlord represents and warrants that, to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision of this Lease to the contrary, Tenant shall have no obligation to make any repairs, alterations or improvements to the Premises, or incur any costs or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employees, and contractors. Landlord shall be solely responsible for any changes to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the Premises, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractors.
Appears in 1 contract
Samples: Lease Agreement (Social Capital Suvretta Holdings Corp. I)
EXTRA HAZARDOUS USE. (aA) Tenant covenants and agrees that Tenant -------------------- will not do or permit anything to be done in or upon the Premises, or bring in anything or keep anything therein, which shall invalidate any insurance or would increase the rate of insurance, on property or liability insurance of the Premises or on of the Building above the standard rate applicable to like premises in Premises as of the Financial District of Boston Commencement Date being occupied for the Permitted Use; and Tenant further agrees that, in the event that Tenant shall do or permit any of the foregoing, Tenant will promptly pay to Landlord, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunderincrease.
(bB) As Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any hazardous substances, or materials. Tenant shall not allow the storage or use of hazardous substances or materials on or in the Premises in any manner, nor allow to be brought into any portion of the Building any such materials or substances except for hazardous substances or materials disclosed in writing to the Landlord for use in the ordinary course of the conduct of the Permitted Use, all such substances or materials to be used hereinand stored in compliance with applicable laws and regulations. Tenant shall not store any flammable substances in the Premises, Hazardous Substances unless such flammable substances are stored in areas with in-rack sprinkling. Any such hazardous substances or flammable substances shall be defined as any “stored, used and disposed of in accordance with all applicable laws and regulations. Without limitation, hazardous chemical,” “hazardous substance,” or similar term as defined substances and materials shall include those described in the Comprehensive Environmental Responsibility Response, Compensation and Liability ActAct of 1980, as amended (amended, 42 U.S.C. 59601, Section 9601 et seq.), any rules or regulations promulgated thereunder, or in M.G.L. Chapter 21E and any other applicable federal, state or local law, rule laws and the regulations adopted under these acts. If any lender or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees governmental agency shall not: (i) conduct, ever require testing to ascertain whether or permit to be conducted, not there has been any activity, including, but not limited to, the dumping or storage release of Hazardous Substance, on the Premises and/or the Building, which would give rise to hazardous materials as a lien pursuant to result of a breach by Tenant of the provisions of Massachusetts General Laws Chapter 21E this (Massachusetts Oil and Hazardous Materials Release Prevention ActS)15.1(B); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about then the Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which reasonable costs thereof shall be used in accordance with applicable lawsreimbursed by Tenant to Landlord upon demand as additional charges. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by TenantIn addition, but shall thereafter be deemed to be a Hazardous Substance. Tenant shall defendexecute affidavits, representations and the like from time to time at Landlord's reasonable request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims Environmental Damages (as defined in (S)17.1) asserted by any third party or governmental authority and liabilities whatsoever from either occurring during the default of this Section 13.1 by Tenant, its agents, contractors or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result of any claims, demands, costs or judgments against the Landlord, in any manner arising out of Tenant’s failure to comply with the provisions of this Section 13.1.
(c) Landlord represents and warrants that, to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision Term of this Lease or resulting from any violation by Tenant (or its employees, agents, invitees, or contractors) of any environmental laws pertaining to the contrary, Premises or caused by Tenant shall have no obligation to make any repairs, alterations (or improvements to the Premises, or incur any costs or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employees, and invitees, or contractors) or persons acting under the direction of Tenant (except to the extent caused by Landlord or persons acting under the direction of Landlord). Landlord The within covenants shall survive the expiration or earlier termination of the Term of this Lease. Nothing in this Section 15.1 shall be solely responsible for construed to reduce or otherwise affect Landlord's obligations pursuant to Article XVII hereof. In the event of any changes to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, conflict between this Section and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the PremisesArticle XVII, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractorsprovisions of Article XVII shall control.
Appears in 1 contract
EXTRA HAZARDOUS USE. (aA) Tenant covenants and agrees that Tenant -------------------- will not do or permit anything to be done in or upon the Premises, or bring in anything or keep anything therein, which shall invalidate any insurance or would increase the rate of insurance, on property or liability insurance of the Premises or on of the Building above the standard rate applicable to like premises in Premises as of the Financial District of Boston Commencement Date being occupied for the Permitted Use; and Tenant further agrees that, in the event that Tenant shall do or permit any of the foregoing, Tenant will promptly pay to Landlord, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunderincrease.
(bB) As Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any hazardous substances, or materials. Tenant shall not allow the storage or use of hazardous substances or materials on or in the Premises in any manner, nor allow to be brought into any portion of the Building any such materials or substances except for hazardous substances or materials disclosed in writing to the Landlord for use in the ordinary course of the conduct of the Permitted Use, all such substances or materials to be used hereinand stored in compliance with applicable laws and regulations. Tenant shall not store any flammable substances in the Premises, Hazardous Substances unless such flammable substances are stored in areas with in-rack sprinkling. Any such hazardous substances or flammable substances shall be defined as any “stored, used and disposed of in accordance with all applicable laws and regulations. Without limitation, hazardous chemical,” “hazardous substance,” or similar term as defined substances and materials shall include those described in the Comprehensive Environmental Responsibility Response, Compensation and Liability ActAct of 1980, as amended (amended, 42 U.S.C. 59601, Section 9601 et seq.), any rules or regulations promulgated thereunder, or in M.G.L. Chapter 21E and any other applicable federal, state or local law, rule laws and the regulations adopted under these acts. If any lender or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees governmental agency shall not: (i) conduct, ever require testing to ascertain whether or permit to be conducted, not there has been any activity, including, but not limited to, the dumping or storage release of Hazardous Substance, on the Premises and/or the Building, which would give rise to hazardous materials as a lien pursuant to result of a breach by Tenant of the provisions of Massachusetts General Laws Chapter 21E this (Massachusetts Oil and Hazardous Materials Release Prevention ActS)15.1(B); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about then the Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which reasonable costs thereof shall be used in accordance with applicable lawsreimbursed by Tenant to Landlord upon demand as additional charges. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by TenantIn addition, but shall thereafter be deemed to be a Hazardous Substance. Tenant shall defendexecute affidavits, representations and the like from time to time at Landlord's reasonable request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify and hold harmless Landlord from and against any and all costsEnvironmental Damages (as defined in (S)
17.1) asserted by any third party or governmental authority and either resulting from any violation by Tenant (or its employees, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors invitees, or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result contractors) of any claims, demands, costs or judgments against the Landlord, in any manner arising out of Tenant’s failure to comply with the provisions of this Section 13.1.
(c) Landlord represents and warrants that, environmental laws pertaining to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision of this Lease to the contrary, or caused by Tenant shall have no obligation to make any repairs, alterations (or improvements to the Premises, or incur any costs or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employees, and invitees, or contractors) or persons acting under the direction of Tenant or by any third parties' storage, use or release of hazardous substances or materials on or in the Premises during the Term of this Lease (except to the extent caused by Landlord or persons acting under the direction of Landlord). Landlord The within covenants shall survive the expiration or earlier termination of the Term of this Lease. Nothing in this Section 15.1 shall be solely responsible for construed to reduce or otherwise affect Landlord's obligations pursuant to Article XVII hereof. In the event of any changes to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, conflict between this Section and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the PremisesArticle XVII, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractorsprovisions of Article XVII shall control.
Appears in 1 contract
EXTRA HAZARDOUS USE. (a) Tenant Sublessee covenants and agrees that Tenant Sublessee will not do or permit anything to be done in or upon the Sublease Premises, or bring in anything or keep anything therein, which shall would invalidate or be in conflict with any insurance coverage maintained by or for the Sublessor with respect to the Building as set forth in Section 11 hereof or which would increase the rate of insurance, such insurance on the Sublease Premises or on the Building above the standard rate applicable to like premises in the Financial District of Boston being occupied for Sublease Premises or the Permitted UseBuilding; and Tenant Sublessee further agrees that, in the event that Tenant the Sublessee shall do any of the foregoing, Tenant will Sublessee shall, at Sublessor's election, cease such activity or promptly pay to LandlordSublessor, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunder.
. Sublessee shall not cause or permit any Hazardous Materials (bas hereinafter defined) As used hereinto be used, generated, stored or disposed of on, under or about, or transported to or from, the Sublease Premises or the Building (collectively, "Hazardous Substances Materials Activities") without first submitting to Sublessor at least sixty (60) days prior to the Term Commencement Date, a complete and comprehensive Hazardous Materials Inventory Statement listing the types and quantities of all Hazardous Materials to be used, generated, stored or disposed of, on, above under about, or transported to or from the Sublease Premises or the Building (the "Inventory"). In addition, at least sixty (60) days prior to the commencement of each subsequent lease year during the Term of this Sublease, Sublessee shall be defined as any “hazardous chemical,” “hazardous substance,” or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Actupdate such Inventory by adding and/or deleting Hazardous Materials from said Inventory, as amended (42 U.S.C. 59601appropriate, et seq.), any rules and deliver said updated Inventory indicating all Hazardous Materials then being used or regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees shall not: (i) conduct, or permit to be conductedused, any activitygenerated, includingstored or disposed of, but not limited toon, above, under, about or transported to or from the dumping or storage of Hazardous Substance, on the Premises and/or the Building, which would give rise to a lien pursuant to the provisions of Massachusetts General Laws Chapter 21E (Massachusetts Oil and Hazardous Materials Release Prevention Act); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Sublease Premises or the Building, . Sublessor shall have the right to disapprove of any Hazardous Substances, except for customary amounts Materials listed on such Inventories if Sublessor is of cleaning solutions which shall be used in accordance with applicable laws. It is understood and agreed the opinion that the provisions contained use, generation, storage or disposal or transportation of such Hazardous Materials will violate any applicable Regulations (as hereinafter defined) or will jeopardize human health, safety or the environment. If Sublessor consents to any such Hazardous Materials Activities, the Sublessee shall conduct them in this Section 13.1 strict compliance (at Sublessee's expense) with all applicable Regulations and using all necessary and appropriate precautions to prevent any spill, discharge, release or exposure to persons or property. In no event shall Sublessor ever be applicable notwithstanding liable to Sublessee for any loss, costs, expenses, claims, damage or liability arising out of any Hazardous Materials Activities on the fact that any substance shall not be deemed to be a Hazardous Substance Sublease Premises by or at the time direction of its use the Sublessee, whether or not such Hazardous Materials Activities were consented to by TenantSublessor. Sublessee shall indemnify, but shall thereafter be deemed to be a Hazardous Substance. Tenant shall defenddefend with experienced and competent counsel, indemnify and hold Sublessor harmless Landlord from and against any and all loss, costs, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result of any claims, demands, costs damages or judgments against the Landlord, in any manner liabilities arising out of Tenant’s failure all Hazardous Materials Activities on the Sublease Premises, whether or not consented to comply by Sublessor which obligation shall survive the termination of this Sublease. If Sublessor consents to any Hazardous Materials Activities, prior to using, storing or maintaining any Hazardous Materials on or about the Sublease Premises, Sublessee shall provide Sublessor with a list of the types and quantities thereof, and shall update such list as necessary for continued accuracy. Sublessee shall also provide Sublessor with a copy of a Hazardous Materials inventory statement, a Material Safety Data Sheet and any similar document required by any applicable Regulations, and any update filed in accordance with any applicable Regulations, and shall deliver the same to Sublessor within ten (10) days of said filing. If Sublessee's activities violate any Regulations or cause a spill, discharge, release or exposure to any persons or property in violation of applicable law, Sublessee shall cease such activities immediately. Sublessee shall immediately notify Sublessor both by telephone and in writing of any such spill, discharge, release or exposure of Hazardous Materials or of any condition constituting or posing an "imminent hazard" under any Regulations. Sublessor and Sublessor's representatives and employees may enter the Sublease Premises at any time during the Term to inspect the Sublessee's compliance herewith, and any disclose any spill, discharge, release, or exposure or any violation of any Regulations to any governmental agency with jurisdiction. Sublessee shall undertake no environmental testing of the Property without Sublessor's consent, which consent may be withheld in the Sublessor's sole discretion. The provisions of this Section 13.1.
(c) Landlord represents and warrants that, to 4.6 shall survive the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision expiration or earlier termination of this Lease to the contrary, Tenant shall have no obligation to make any repairs, alterations or improvements to the Premises, or incur any costs or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employees, and contractors. Landlord shall be solely responsible for any changes to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the Premises, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractorsSublease.
Appears in 1 contract
EXTRA HAZARDOUS USE. (a) Tenant Sublessee covenants and agrees that Tenant Sublessee will not do or permit anything to be done in or upon the Sublease Premises, or bring in anything or keep anything therein, which shall would invalidate or be in conflict with any insurance coverage maintained by or for the Sublessor with respect to the Building as set forth in Section 11 hereof or which would increase the rate of insurance, such insurance on the Sublease Premises or on the Building above the standard rate applicable to like premises in the Financial District of Boston being occupied for Sublease Premises or the Permitted UseBuilding; and Tenant Sublessee further agrees that, in the event that Tenant the Sublessee shall do any of the foregoing, Tenant will Sublessee will, at Sublessor's election, cease such activity or promptly pay to LandlordSublessor, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunder.
. Sublessee shall not cause or permit any Hazardous Materials (bas hereinafter defined) As used hereinto be used, generated, stored or disposed of on, under or about, or transported to or from, the Sublease Premises or the Building (collectively, "Hazardous Substances Materials Activities") without first submitting to Sublessor at least forty (40) days prior to the Term Commencement Date, a complete and comprehensive Hazardous Materials Inventory Statement listing the types and quantities of all Hazardous Materials to be used, generated, stored or disposed of, on, above, under, about, or transported to or from the Sublease Premises or the Building (the "Inventory"). In addition, at least thirty (30) days prior to the commencement of each subsequent lease year during the Term of this Sublease, Sublessee shall be defined as any “hazardous chemical,” “hazardous substance,” or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Actupdate such Inventory by adding and/or deleting Hazardous Materials from said Inventory, as amended (42 U.S.C. 59601appropriate, et seq.), any rules and deliver said updated Inventory indicating all Hazardous Materials then being used or regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees shall not: (i) conduct, or permit to be conductedused, any activitygenerated, includingstored or disposed of, but not limited toon, above, under, about or transported to or from the dumping or storage of Hazardous Substance, on the Premises and/or the Building, which would give rise to a lien pursuant to the provisions of Massachusetts General Laws Chapter 21E (Massachusetts Oil and Hazardous Materials Release Prevention Act); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Sublease Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which shall be used in accordance with applicable laws. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by Tenant, but shall thereafter be deemed to be a Hazardous Substance. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all costs, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result of any claims, demands, costs or judgments against the Landlord, in any manner arising out of Tenant’s failure to comply with the provisions of this Section 13.1.
(c) Landlord represents and warrants that, to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision of this Lease to the contrary, Tenant Sublessor shall have no obligation to make any repairs, alterations or improvements to the Premises, or incur any costs or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employees, and contractors. Landlord shall be solely responsible for any changes to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the Premises, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractors.right
Appears in 1 contract
EXTRA HAZARDOUS USE. (a) Tenant covenants and agrees that Tenant will not do or permit anything to be done in or upon the Premises, or bring in anything or keep anything therein, which shall invalidate any insurance or increase the rate of insurance, on the Premises or on the Building above the standard rate applicable to like premises in the Financial District of Boston being occupied for the Permitted Use; and Tenant further agrees that, in the event that Tenant shall do any of the foregoing, Tenant will promptly pay to Landlord, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunder.
(b) As used herein, Hazardous Substances shall be defined as any “hazardous chemical,” “hazardous substance,” or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Act, as amended (42 U.S.C. 59601, et seq.), any rules or regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees shall not: (i) conduct, or permit to be conducted, any activity, including, but not limited to, the dumping or storage of Hazardous Substance, on the Premises and/or the Building, which would give rise to a lien pursuant to the provisions of Massachusetts General Laws Chapter 21E 2 IE (Massachusetts Oil and Hazardous Materials Release Prevention Act); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which shall be used in accordance with applicable laws. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by Tenant, but shall thereafter be deemed to be a Hazardous Substance. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all costs, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result of any claims, demands, costs or judgments against the Landlord, in any manner arising out of Tenant’s failure to comply with the provisions of this Section 13.1.
(c) Landlord represents and warrants that, to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision of this Lease to the contrary, Tenant shall have no obligation to make any repairs, alterations or improvements to the Premises, or incur any costs or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employees, and contractors. Landlord shall be solely responsible for any changes to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the Premises, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractors.
Appears in 1 contract
Samples: Lease Agreement (Social Capital Suvretta Holdings Corp. I)
EXTRA HAZARDOUS USE. (a) The Tenant covenants and agrees that the Tenant will not do or permit anything to be done in or upon the Premises, or bring in anything or keep anything therein, which shall would invalidate any or be in conflict with insurance coverage maintained by or for the Landlord with respect to the Building or which would increase the rate of insurance, insurance on the Premises or on the Building above the standard rate applicable to like premises in the Financial District of Boston being occupied Premises or the Building for the Permitted Useuse to which the Tenant has agreed to devote the Premises; and the Tenant further agrees that, in the event that the Tenant shall do any of the foregoing, the Tenant will will, at Landlord's election, cease such activity or promptly pay to the Landlord, on demand, any such increase resulting therefrom, which shall be due and payable as additional rent hereunder.
. Tenant shall not cause or permit any hazardous or toxic wastes, hazardous or toxic substances or hazardous or toxic materials (bcollectively, "Hazardous Materials") As used hereinto be used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively, "Hazardous Substances Materials Activities") without first receiving Landlord's written consent, which may be withheld for any reason and revoked at any time. If Landlord consents to any such Hazardous Materials Activities, Tenant shall be defined as any “hazardous chemical,” “hazardous substance,” or similar term as defined conduct them in the Comprehensive Environmental Responsibility Compensation and Liability Actstrict compliance (at Tenant's expense) with all applicable Regulations, as amended (42 U.S.C. 59601hereinafter defined, et seq.)and using all necessary and appropriate precautions to prevent any spill, discharge, release or exposure to persons or property. Landlord shall not be liable to Tenant for any rules loss, cost, expense, claims, damage or regulations promulgated thereunder, or in liability arising out of any other applicable federal, state or local law, rule or regulation dealing with environmental protection. Hazardous Materials Activities by Tenant, its successors, assignsTenant's employees, agents, servantscontractors, employees and invitees shall not: (i) conductlicensees, customers or permit invitees, whether or not consented to be conducted, any activity, including, but not limited to, the dumping or storage of Hazardous Substance, on the Premises and/or the Building, which would give rise to a lien pursuant to the provisions of Massachusetts General Laws Chapter 21E (Massachusetts Oil and Hazardous Materials Release Prevention Act); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which shall be used in accordance with applicable laws. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by Tenant, but shall thereafter be deemed to be a Hazardous SubstanceLandlord. Tenant shall defendindemnify, indemnify defend with counsel acceptable to Landlord, and hold Landlord harmless Landlord from and against any and all loss, costs, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors or employees; and from any and all damages, liabilities or losses which Landlord may suffer, directly or indirectly, including but not limited to reasonable attorney’s fees, as a result of any claims, demands, costs damages or judgments against the Landlord, in any manner liabilities arising out of Tenant’s failure to comply with the provisions of this Section 13.1.
(c) Landlord represents and warrants that, to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision of this Lease to the contrary, Tenant shall have no obligation to make any repairs, alterations or improvements to Materials Activities on the Premises, whether or incur any costs not consented to by Landlord, which obligation shall survive the termination of this Lease. For purposes hereof, Hazardous Materials shall include but not be limited to substances defined as "hazardous substances", "toxic substances", or expenses whatsoever"hazardous waste" in the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as a result amended; the Federal Hazardous Materials Transportation Act, as amended; and the Federal Resource Conservation and Recovery Act, as amended ("RCRA"); those substances defined as "hazardous wastes" in the Massachusetts Hazardous Waste Facility Siting Act, as amended (Massachusetts General Laws Chapter 21D); those substances defined as "hazardous materials" or "oil" in Massachusetts General Laws Chapter 21E, as amended; and as such substances are defined in any regulations adopted and publication promulgated pursuant to any of said laws (collectively, "Regulations"). If Landlord consents to any Hazardous Substances in Materials Activities, prior to using, storing or maintaining any Hazardous Materials on or about the Premises, Tenant shall provide Landlord with a list of the Building or the Land, other than those Hazardous Substances brought onto such areas by Tenant, its agents, employeestypes and quantities thereof, and contractorsshall update such list as necessary for continued accuracy. Tenant shall also provide Landlord with a copy of any Hazardous Materials inventory statement required by any applicable Regulations, and any update filed in accordance with any applicable Regulations. If Tenant's activities violate or create a risk of violation of any Regulations or cause a spill, discharge, release or exposure to any persons or property, Tenant shall cease such activities immediately upon notice from Landlord. Tenant shall immediately notify Landlord both by telephone and in writing of any spill, discharge, release or exposure of Hazardous Materials or of any condition constituting an "imminent hazard" under any Regulations. Landlord, Landlord's representatives and employees may enter the Premises at any time during the Term to inspect Tenant's compliance herewith, and may disclose any spill, discharge, release, or exposure or any violation of any Regulations to any governmental agency with jurisdiction. Nothing herein contained shall prohibit Tenant from using minimal quantities of cleaning fluid and office supplies which may constitute Hazardous Materials but which are customarily present in premises devoted to office use, provided that such use is in compliance with all Regulations and shall be solely responsible for any changes subject to all of the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result other provisions of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the Premises, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractorsSection 15.3.
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Samples: Lease (Industrial Imaging Corp)
EXTRA HAZARDOUS USE. (a) Tenant covenants and agrees that Tenant will not do or permit anything to be done in or upon the PremisesPremises or the Property, or bring in anything or keep anything therein, therein which shall invalidate any insurance or increase the rate of insurance, insurance on the Premises or on the Building Property above the standard rate applicable to like premises in the Financial District of Boston being occupied for the Permitted Useuse to which Tenant has agreed to devote the Premises; and Tenant further agrees that, that in the event that Tenant shall do any of the foregoing, Tenant will promptly pay to Landlord, on demand, any such increase resulting therefrom, therefrom which shall be due and payable as additional rent hereunder. b. WAIVER.
(b) As used hereini. Failure on the part of Landlord or Tenant to complain of any action or nonaction on the part of the other, Hazardous Substances no matter how long the same may continue, shall never be a waiver by Landlord or Tenant of any of its rights hereunder. Further, no waiver at any time of any of the provisions hereof by Landlord or Tenant shall be defined construed as a waiver of any “hazardous chemical,” “hazardous substance,” or similar term as defined in of the Comprehensive Environmental Responsibility Compensation and Liability Actother provisions hereof, as amended (42 U.S.C. 59601and, et seq.), a waiver at any rules or regulations promulgated thereunder, or in time of any other applicable federal, state or local law, rule or regulation dealing with environmental protection. Tenant, its successors, assigns, agents, servants, employees and invitees shall not: (i) conduct, or permit to be conducted, any activity, including, but not limited to, the dumping or storage of Hazardous Substance, on the Premises and/or the Building, which would give rise to a lien pursuant to the provisions of Massachusetts General Laws Chapter 21E (Massachusetts Oil and Hazardous Materials Release Prevention Act); and (ii) generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Premises or the Building, any Hazardous Substances, except for customary amounts of cleaning solutions which shall be used in accordance with applicable laws. It is understood and agreed that the provisions contained in this Section 13.1 shall be applicable notwithstanding the fact that any substance hereof shall not be deemed to be construed as a Hazardous Substance waiver at the any subsequent time of its use the same provisions. The consent or approval of Landlord to or of any action by Tenant requiring such consent or approval shall not be construed to waive or render unnecessary Landlord’s consent or approval to or of any subsequent similar act by Tenant.
ii. No payment by Tenant or acceptance by Landlord of a lesser amount than shall be due from Tenant to Landlord shall be treated otherwise than as a payment on account. The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon, but or upon any letter accompanying such check that such lesser amount is payment in full, shall thereafter be deemed given no effect, and Landlord may accept such check without prejudice to be a Hazardous Substance. Tenant shall defend, indemnify and hold harmless Landlord from and against any and all costs, expenses, claims and liabilities whatsoever from the default of this Section 13.1 by Tenant, its agents, contractors other rights or employees; and from any and all damages, liabilities or losses remedies which Landlord may suffer, directly or indirectly, including but not limited have against Tenant. In no event shall Tenant ever be entitled to reasonable attorney’s fees, as a result of any claims, demands, costs or judgments against the Landlord, in any manner arising out of Tenant’s failure to comply with the provisions of this Section 13.1.
(c) Landlord represents and warrants that, to the best of Landlord’s knowledge, the Premises are free of all Hazardous Substances. Notwithstanding any provision of this Lease to the contrary, Tenant shall have no obligation to make any repairs, alterations or improvements to the Premisesreceive interest upon, or incur any costs payments on account of earnings or expenses whatsoever, as a result of Hazardous Substances in or about the Premises, the Building or the Land, other than those Hazardous Substances brought onto such areas profits derived from any payments hereunder by Tenant, its agents, employees, and contractors. Landlord shall be solely responsible for any changes Tenant to the Premises relating to Hazardous Substances, unless those Hazardous Substances were brought onto the Premises by Tenant, its agents, employees, and contractors. Landlord shall indemnify and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur (including reasonable attorneys’ fees) as the result of a breach of Landlord’s representation and warranty set forth in this paragraph, or the presence of Hazardous Substances in or about the Premises, the Building or the Land, unless those Hazardous Substances were brought onto such areas by Tenant, its agents, employees, and contractors.
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