Common use of Hazardous and Toxic Materials Clause in Contracts

Hazardous and Toxic Materials. (a) Tenant shall not incorporate into, use, release, or otherwise place or dispose of at, in, on, under or near the Premises, the Building or the Property any hazardous or toxic materials except that Tenant may use and temporarily store cleaning and office supplies and other materials used in the ordinary course of Tenant’s business and then only if (i) such materials are in limited quantities required to conduct Tenant’s business, properly labeled and contained, (ii) notice of and a copy of the current material safety data sheet is first delivered to and written consent is obtained from Landlord for each such hazardous or toxic material and (iii) such materials are used, transported, stored, handled and disposed off-site at properly authorized facilities in accordance with the highest accepted industry standards for safety, storage, use and disposal in accordance with all applicable governmental laws, rules and regulations, including without limitation applicable Environmental Laws. 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. Landlord shall not knowingly dispose of at the Premises, in the Building or the Property any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not materially and adversely affect Tenant’s access, use or occupancy of the Premises. If Landlord or Tenant ever has knowledge of the COMMERCIAL LEASE AGREEMENT 9 presence in the Premises or the Building or 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. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials (“ACM”) and all other materials, substances, wastes and chemicals classified, defined, listed, or regulated as, or containing, a “hazardous substance,” “hazardous waste,” “toxic substance,” “pollutant,” “contaminant,” “hazardous material,” “solid waste,” and/or “regulated substance,” under any Environmental Law. As used herein, the term “Environmental Law or Laws” shall mean any and all statutes, rules, regulations, ordinances, orders, permits, licenses, and other applicable legal requirements, relating directly or indirectly to human health or safety or environment, or the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materials.

Hazardous and Toxic Materials. (a) Tenant shall not incorporate into, use, release, release or otherwise other\vise place or dispose of at, in, on, under or near the Premises, the Building or the Property any hazardous or toxic materials except that Tenant may use and temporarily store cleaning and office supplies and other materials used in the ordinary course of Tenant’s 's business and then only if (i) such materials are in limited quantities required to conduct Tenant’s businesssmall quantities, properly labeled and contained, (ii) notice of and a copy of the current material safety data sheet is first delivered to and written consent is obtained from Landlord for each such hazardous or toxic material and (iii) such materials are used, transported, stored, handled and disposed of off-site at properly authorized facilities in accordance with the highest accepted industry standards for safety, storage, use and disposal disposal, (iii) notice of and a copy of the current material safety data sheet is first delivered to, and written consent is obtained from, Landlord for each such hazardous or toxic material and (iv) such materials are used, transported, stored, handled and disposed of off-site at properly authorized facilities in accordance with all applicable governmental laws, rules and regulations, including without limitation limitation, applicable Environmental Laws, as defined below. Landlord may condition its consent to Tenant's storage or use of any hazardous or toxic materials at, on, or in the Premises, upon Tenant's payment of an additional deposit to Landlord, which deposit shall be in an amount estimated by Landlord as sufficient security for the payment of costs and expenses arising from or related to the potential release of hazardous or toxic materials in connection with Tenant's use or occupancy of the Premises, which deposit, less any costs or expenses incurred or estimated to be incurred in response to such release, shall be returned to Tenant after removal of the hazardous or toxic materials and proper closure or remediation of any area affected by or containing any such hazardous or toxic materials, in compliance with applicable governmental regulations, including without limitation, applicable Environmental Laws. Under no circumstances shall Tenant cause or allow the disposal of hazardous or toxic materials at, in, on, under or about the Building, the Property, or Premises. Tenant shall not (i) occupy or use the Premises, nor permit any portion of the Premises to be occupied or used (A) except in compliance with all laws, ordinances, governmental or municipal regulations, and orders, including without limitation Environmental Laws, or (B) in a manner which may be dangerous to life, limb or property; or (ii) cause or permit the maintenance of any public or private nuisance; or (iii) cause or permit anything to be done which would in any way increase the rate of fire, liability, or any other insurance coverage on the Premises, the Building, or its contents. 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. Landlord shall not knowingly dispose of at the Premises, in the Building or the Property any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not materially and adversely affect Tenant’s access, use or occupancy of the Premises. If Landlord or Tenant ever has knowledge of the COMMERCIAL LEASE AGREEMENT 9 presence in the Premises or the Building or the Property of hazardous or toxic materials which affect the Premises, the party having knowledge Tenant shall notify the other party Landlord thereof in writing promptly after obtaining such knowledge. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials (“"ACM”") and all other materials, substances, wastes and chemicals classified, defined, listed, or regulated as, or containing, a “"hazardous substance,” “" "hazardous waste,” “" "toxic substance,” “" "pollutant,” “" "contaminant,” “" "oil," "hazardous material,” “" "solid waste,” " and/or “"regulated substance,” " under any Environmental Law. As used herein, the term “Environmental Law or Laws” shall mean any and all statutes, rules, regulations, ordinances, orders, permits, licenses, and other applicable legal requirements, relating directly or indirectly to human health or safety or environment, or the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materials."

Hazardous and Toxic Materials. (a) Tenant shall not incorporate intoNone of the properties owned, useleased or operated by the Company or any of its Subsidiaries is in material violation of any federal, releasestate or local laws, ordinances, regulations, or otherwise place policies existing or dispose of atenacted relating to the environment, inhealth and safety, any Hazardous Discharges (as hereinafter defined) or to industrial hygiene or the environmental conditions on, under or near about any of the Premisesproperty owned, leased or operated by the Building 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 Property businesses therein conducted, and (c) there has been no spill, discharge, release or cleanup of any hazardous or toxic materials except that Tenant may use and temporarily store cleaning and office supplies and other materials used waste or substance or any oil or pesticide which would result (or be reasonably likely to result) in the ordinary course of Tenant’s business and then only if a Material Adverse Effect (i"Hazardous Substances") such materials are in limited quantities required to conduct Tenant’s business, properly labeled and contained, (ii) notice of and a copy at any of the current material safety data sheet is first delivered to and written consent is obtained from Landlord 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 each such hazardous or toxic material and (iii) such materials are used, transported, stored, handled and disposed off-site at properly authorized facilities in accordance with the highest accepted industry standards for safetyhandling, storage, use and transportation or disposal in accordance with all applicable governmental laws, rules and regulations, including without limitation applicable Environmental Laws. 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. Landlord shall not knowingly dispose , 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 at the Premises, in the Building or the Property any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not materially Company and adversely affect Tenant’s access, use or occupancy each of the Premises. If Landlord or Tenant ever its Subsidiaries has knowledge of the COMMERCIAL LEASE AGREEMENT 9 presence in the Premises or the Building or 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. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials (“ACM”) and all other materials, substances, wastes and chemicals classified, defined, listed, or regulated as, or containing, a “hazardous substance,” “hazardous waste,” “toxic substance,” “pollutant,” “contaminant,” “hazardous material,” “solid waste,” and/or “regulated substance,” under any Environmental Law. As used herein, the term “Environmental Law or Laws” shall mean obtained any and all statutes, rules, regulations, ordinances, orders, necessary permits, licenseslicenses and approvals with respect to such use, including without limitation, United States Environmental Protection Agency identification numbers, hazardous waste manifests and other applicable legal requirements, relating directly or indirectly to human health or safety or environment, or hazardous waste permits required under the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materialsFederal Resource Conversation and Recovery Act.

Hazardous and Toxic Materials. (a) Tenant shall not incorporate intoNone of the properties owned, use----------------------------- leased or operated by the Company or any of its Subsidiaries is in material violation of any federal, releasestate or local laws, ordinances or otherwise place regulations existing or dispose of atenacted relating to the environment, inhealth and safety, any Hazardous Discharges (as hereinafter defined) or to industrial hygiene or the environmental conditions on, under or near about any of the Premisesproperty owned, leased or operated by the Building 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 Property businesses therein conducted, and (c) there has been no spill, discharge, release or cleanup of any hazardous or toxic materials except that Tenant may use and temporarily store cleaning and office supplies and other materials used waste or substance or any oil or pesticide which would result in the ordinary course of Tenant’s business and then only if a Material Adverse Effect (i"Hazardous Substances") such materials are in limited quantities required to conduct Tenant’s business, properly labeled and contained, (ii) notice of and a copy at any of the current material safety data sheet is first delivered to and written consent is obtained from Landlord 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 each such hazardous or toxic material and (iii) such materials are used, transported, stored, handled and disposed off-site at properly authorized facilities in accordance with the highest accepted industry standards for safetyhandling, storage, use and transportation or disposal in accordance with all applicable governmental laws, rules and regulations, including without limitation applicable Environmental Laws. 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. Landlord shall not knowingly dispose , 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 at the Premises, in the Building or the Property any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not materially Company and adversely affect Tenant’s access, use or occupancy each of the Premises. If Landlord or Tenant ever its Subsidiaries has knowledge of the COMMERCIAL LEASE AGREEMENT 9 presence in the Premises or the Building or 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. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials (“ACM”) and all other materials, substances, wastes and chemicals classified, defined, listed, or regulated as, or containing, a “hazardous substance,” “hazardous waste,” “toxic substance,” “pollutant,” “contaminant,” “hazardous material,” “solid waste,” and/or “regulated substance,” under any Environmental Law. As used herein, the term “Environmental Law or Laws” shall mean obtained any and all statutes, rules, regulations, ordinances, orders, necessary permits, licenseslicenses and approvals with respect to such use, including without limitation, United States Environmental Protection Agency identification numbers, hazardous waste manifests and other applicable legal requirements, relating directly or indirectly to human health or safety or environment, or hazardous waste permits required under the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materialsFederal Resource Conversation and Recovery Act.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials means 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. Tenant shall will not knowingly incorporate into, use, release, or use or otherwise place or dispose of at, in, on, under the Premises or near any other portion of the Premises, the Building or the Property Project any hazardous or toxic materials materials, except that Tenant may for use and temporarily store storage of cleaning and office supplies and other materials used in the ordinary course of Tenant’s business 's business, and then only if (i) such the materials are in limited quantities required to conduct Tenant’s businesssmall, legal quantities, properly labeled and contained, (ii) the 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 first delivered provided to and written consent is obtained from Landlord for each such hazardous or toxic material material, and (iiiiv) such the materials are used, transported, stored, handled handled, and disposed off-site at properly authorized facilities in accordance with the highest accepted industry standards for safety, storage, use and disposal of in accordance with all applicable governmental laws, rules rules, and regulations, including without limitation applicable Environmental Laws. Landlord shall have the right to may periodically inspect, take samples for testing testing, and otherwise investigate the Premises for the presence of hazardous or toxic materials. Landlord shall not knowingly dispose of at the Premises, in Premises or any other portion of the Building or the Property Project any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not would materially and adversely affect Tenant’s 's access, use or occupancy of the Premises. If Landlord or Tenant ever has knowledge of the COMMERCIAL LEASE AGREEMENT 9 presence in or on the Premises or any other portion of the Building or the Property Project of hazardous or toxic materials which affect the PremisesPremises that was not known to the parties as of the Commencement Date, the party having knowledge shall must notify the other party thereof in writing promptly after obtaining such knowledge. For purposes If Tenant or its employees, agents, or contractors violates the provisions of paragraph (b) of this Section or otherwise contaminate the Premises or the Project, Tenant must clean-up, 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 must repair any damage to the Premises or the Project within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, "Tenant's Environmental Corrective Work"). However, the parties agree that neither party is required to remediate any violations of hazardous and toxic materials laws existing prior to or on the date of this Lease, hazardous but Tenant must reasonably cooperate with any Operations and Maintenance Program instituted by Landlord. Tenant must notify Landlord of its method, time, and procedure for any clean up or toxic materials shall mean asbestos containing materials (“ACM”) removal; and all other materialsLandlord may require reasonable changes in such method, substances, wastes and chemicals classified, defined, listedtime, or regulated asprocedure or require that the work be done after normal business hours. Tenant's obligations under this subsection survives the termination of this Lease. If any Tenant's Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, or containingLandlord may, a “hazardous substance,” “hazardous waste,” “toxic substance,” “pollutant,” “contaminant,” “hazardous material,” “solid waste,” and/or “regulated substance,” under any but is not obligated to, undertake the Tenant's Environmental LawCorrective Work. As used hereinThe work must be performed in accordance with the same standards and provisions as are applicable to performance of Tenant's Environmental Corrective Work. Tenant will allow Landlord, the term “Environmental Law or Laws” shall mean any and all statutesits agents, rules, regulations, ordinances, orders, permits, licensesemployees, and other applicable legal requirementscontractors such access to any unrestricted areas of the Premises that Landlord may reasonably request in order to perform such Tenant's Environmental Corrective Work. Within 30 days after receiving an invoice, relating directly or indirectly Tenant must reimburse Landlord for the costs incurred by Landlord to human health or safety or environment, or the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materialsperform such Tenant's Environmental Corrective Work.

Hazardous and Toxic Materials. (a) Tenant shall not incorporate into, use, release, release or otherwise place or dispose of at, in, on, under or near the Premises, the Building or the Property any hazardous or toxic materials except that Tenant may use and temporarily store cleaning and office supplies and other materials used in the ordinary course of Tenant’s 's business and then only if (i) such materials are in limited quantities required to conduct Tenant’s businesssmall quantities, properly labeled and contained, (ii) notice such materials are handled and disposed of and a copy of the current material safety data sheet is first delivered to and written consent is obtained from Landlord for each such hazardous or toxic material and off- site [(iii) deleted] (iv) such materials are used, transported, stored, handled and disposed of off-site at properly authorized facilities in accordance with the highest accepted industry standards for safety, storage, use and disposal in accordance with all applicable governmental laws, rules and regulations, including without limitation limitation, applicable Environmental Laws, as defined below. Landlord may condition its consent to Tenant's storage or use of any hazardous or toxic materials at, on, or in the Premises other than cleaning and office supplies as permitted above, upon Tenant's payment of an additional deposit to Landlord, which deposit shall be in an amount estimated by Landlord as sufficient security for the payment of costs and expenses arising from or related to the potential release of hazardous or toxic materials in connection with Tenant's use or occupancy of the Premises, which deposit, less any costs or expenses incurred or estimated to be incurred in response to such release, shall be returned to Tenant after removal of the hazardous or toxic materials and proper closure or remediation of any area affected by or containing any such hazardous or toxic materials, in compliance with applicable governmental regulations including, without limitation, applicable Environmental Laws. Under no circumstances shall Tenant cause or allow the disposal of hazardous or toxic materials at, in, on, under or about the Building, the Property, or Premises. Tenant shall not (i) occupy or use the Premises, nor permit any portion of the Premises to be occupied or used (A) except in compliance with all laws, ordinances, governmental or municipal regulations, and orders, including without limitation Environmental Laws, or (B) in a manner which may be dangerous to life, limb or property; or (ii) cause or permit the maintenance of any public or private nuisance; or (iii) cause or permit anything to be done which would in any way increase the rate of fire, liability, or any other insurance coverage on the Premises, the Building, or its contents. 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. Landlord shall not knowingly dispose of at the Premises, in the Building or the Property any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not materially and adversely affect Tenant’s access, use or occupancy of the Premises. If Landlord or Tenant ever has knowledge of the COMMERCIAL LEASE AGREEMENT 9 presence in the Premises or the Building or the Property of hazardous or toxic materials which affect the Premises, the party having knowledge Tenant shall notify the other party Landlord thereof in writing promptly after obtaining such knowledge. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials (“" ACM”") and all other materials, substances, wastes and chemicals classified, defined, listed, or regulated as, or containing, a “"hazardous substance,” “" "hazardous waste,” “" "toxic substance,” “" "pollutant,” “" "contaminant,” “" "oil," "hazardous material,” “" "solid waste,” " and/or “"regulated substance,” " under any Environmental Law. As used herein, the term “Environmental Law or Laws” shall mean any and all statutes, rules, regulations, ordinances, orders, permits, licenses, and other applicable legal requirements, relating directly or indirectly to human health or safety or environment, or the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materials."