Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations.
(b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials.
(c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.”
(d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after w...
Hazardous and Toxic Materials. 20.1 As used herein:
Hazardous and Toxic Materials. Tenant shall, throughout the term hereof, without cost to Owner, fully comply with all environmental, pollution and “Hazardous Substance” rules and regulations relating to the storage, use and disposal of Hazardous Substances. “
Hazardous and Toxic Materials. Landlord represents to Tenant that to Landlord’s knowledge, based upon environmental site assessments obtained by Landlord in connection with its acquisition of the Project and the current actual knowledge of Xxxxxxxx Xxxxx (an owner of the Project) and Xxxxxx Xxxxxx (the property manager of the Project), the Project complies with Environmental Law in all material respects. Throughout the Term, Landlord will take remedial action necessary to cause the Project to comply in all material respects with Environmental Laws and, if the Project is in violation of any Environmental Law, Landlord will correct such violation, at Landlord’s sole cost; but in each case, only as and to the extent required by Governmental Authorities. Tenant will not cause or permit (a) the storage or use of hazardous or toxic materials, chemicals, waste, or substances (“Hazardous Materials”) in, on, or under the Premises or Project, (b) the incorporation of Hazardous Materials into the Premises, (c) the release, deposit, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing of Hazardous Materials in, on, or under the Premises or Project (a “Release”), or (d) any other event or activity that might subject Landlord or the Project to remedial obligations under Environmental Law, assuming disclosure to Governmental Authorities of all relevant facts, conditions, and circumstances pertaining to the Premises, the Project, and Tenant. Tenant may, however, use small quantities, properly labeled and contained, of cleaning and office supplies (even if classified as Hazardous Materials) in the ordinary course of Tenant’s business, if (x) Tenant uses, transports, stores, handles, and disposes of such supplies strictly in accordance with accepted industry standards and practices and Environmental Law and (y) Tenant provides Landlord with a copy of the current material safety data sheet for such supplies. If Tenant fails to comply with this Section 5.04 or if a Release occurs, then at Landlord’s option, Landlord will either correct such violation or instruct Tenant to correct such violation. If Landlord corrects such violation, Tenant will pay to Landlord all costs incurred by Landlord in correcting such violation. If Landlord directs Tenant to correct such violation, Tenant will not begin corrective action until Landlord has approved all plans, consultants, and cleanup standards; Tenant will provide Landlord on a timely basis copies of all do...
Hazardous and Toxic Materials. Except as set forth in EXHIBIT 6.23 attached hereto, (a) to the best knowledge of the Company and each of its Subsidiaries, no hazardous or toxic waste or substance or any other contaminant or pollutant including without limitation any oil or pesticide ("Hazardous Materials") have been generated, used, treated or stored on, or transported to or from, any of the property owned, leased or operated by the Company or any of its Subsidiaries except in compliance with all applicable Environmental Laws, (b) to the best knowledge of the Company and its Subsidiaries, there have been no spills, discharges, releases or cleanups of any Hazardous Materials ("Hazardous Discharges") on any of the property owned, leased or operated by the Company or any of its Subsidiaries, except such Hazardous Discharges which do not violate any federal, state or local laws, ordinances, rules, regulations, or policies existing or enacted relating to the environment, health and safety, any Hazardous Discharges or to industrial hygiene or environmental conditions (collectively "Environmental Laws"), (c) the Company and its Subsidiaries are in compliance in all material respects with all applicable Environmental Laws and the requirements of any permits issued under such Environmental Laws with respect to any property owned, leased or operated by the Company or any of its Subsidiaries, and (d) there are no pending or, to the best knowledge of the Company and its Subsidiaries, threatened claims relating to the foregoing against the Company, any of its Subsidiaries or the property owned, leased or operated by the Company or its Subsidiaries.
Hazardous and Toxic Materials. (a) None of the properties owned, leased or operated by the Company or any of its Subsidiaries is in material violation of any federal, state or local laws, ordinances, regulations, or policies existing or enacted relating to the environment, health and safety, any Hazardous Discharges (as hereinafter defined) or to industrial hygiene or the environmental conditions on, under or about any of the property owned, leased or operated by the Company or any of its Subsidiaries, including, without limitation, soil and ground water conditions; (b) neither the Company nor any of its Subsidiaries has received any complaint, order, citation or notice with regard to air emissions, Hazardous Discharges or other environmental, health or safety matters affecting any of the properties at any time owned, leased or operated by the Company or any of its Subsidiaries or the businesses therein conducted, and (c) there has been no spill, discharge, release or cleanup of any hazardous or toxic waste or substance or any oil or pesticide which would result (or be reasonably likely to result) in a Material Adverse Effect ("Hazardous Substances") at any of the properties at any time owned, leased or operated by the Company or any of its Subsidiaries, including, without limitation, into or upon any of its soils, surface water, ground water or the improvements located thereon (a "Hazardous Discharge"). To the extent that any of the properties owned, leased or operated by the Company or any of its Subsidiaries are used for the handling, storage, transportation or disposal of hazardous or toxic materials, such use is in accordance with all federal, state and local environmental laws, rules, and regulations which apply to the handling, storage, transportation or disposal of hazardous or toxic materials and the Company and each of its Subsidiaries has obtained any and all necessary permits, licenses and approvals with respect to such use, including without limitation, United States Environmental Protection Agency identification numbers, hazardous waste manifests and hazardous waste permits required under the Federal Resource Conversation and Recovery Act.
Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals under then-current applicable governmental laws, rules or regulations or that are subject to any right-to-know laws or requirements.
(b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of, at the Premises or any other portion of the Property any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant's business and then only if (i) such materials are in small quantities, properly labeled and contained, (ii) such materials are handled and disposed of in accordance with the highest accepted industry standards for safety, storage, use and disposal, (iii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such hazardous or toxic material and (iv) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials.
(c) If Landlord or Tenant ever has knowledge of the presence in or on the Premises or any other portion of the Property of hazardous or toxic materials which affect the Premises, the party having knowledge shall notify the other party thereof in writing promptly after obtaining such knowledge.
(d) If Tenant or its employees, agents or contractors shall ever violate the provisions of paragraph (b) of this subsection 4.102 or otherwise contaminate the Premises or the Property, then Tenant shall clean, remove and dispose of the material causing the violation, in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or the Property within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, "Tenant's Environmental Corrective Work"). Tenant shall notify Landlord of its method, time and procedure for any clean-up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done af...
Hazardous and Toxic Materials. The CONTRACTOR shall submit for the COMPANY’s review, written procedures (including manufacturer’s safety data sheets and any other hazard information, transportation procedures, storage precautionary measures for such hazardous or toxic materials) for any SERVICES involving the handling or use of hazardous or toxic materials. Such review shall in no way be construed as relieving the CONTRACTOR of any of his obligations, responsibilities and liabilities under the CONTRACT or at law, including but not limited to obtaining relevant licenses and permits prior to commencement of SERVICES. Failure to comply with this requirement shall entitle the COMPANY to reject the said materials.
Hazardous and Toxic Materials. Lessee agrees to maintain the premises in compliance with all city, county, state and federal hazard and toxic waste regulations. No use shall be made or permitted to be made of said premises, nor acts done or continued, which will violate sail regulations, nor shall Lessee sell, or permit to be kept, used, or sold, in or about said premises, any article, liquid, or material of whatever kind of nature which may be prohibited by city, county, state or federal regulations pertaining to hazard and toxic waste materials. Notwithstanding any other remedies provided to Lessor, either within this agreement or by law, upon receipt of notice from any appropriate agency that Lessee is in violation of such regulations, Lessor shall be entitled to enter onto the premises and correct said violation of such regulations. The costs of such correction and/or removal shall be the sole expense of Lessee and may be charged to Lessee as additional rent.
Hazardous and Toxic Materials. (a) None of the properties owned, leased or operated by any Borrower or any Subsidiary is in material violation of any federal, state or local laws, ordinances, regulations, or policies existing or enacted relating to the environment, health and safety, any Hazardous Discharges (as hereinafter defined) or to industrial hygiene or the environmental conditions on, under or about any of the property owned, leased or operated by
