Common use of Hazardous Material Usage Clause in Contracts

Hazardous Material Usage. Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or the Project without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute discretion, except for (i) small quantities of office products and cleaning fluids customarily used in an office setting to conduct business at the Premises, and (ii) those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for the use permitted under this Lease in the manner for which they were designed and in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authority. The use of such Hazardous Materials shall be in full compliance with Laws, and all judicial and administrative decisions pertaining thereto. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Laws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion.

Hazardous Material Usage. Neither Tenant, nor Tenant’s employees, contractors and subcontractors of any tier, entities with a contractual relationship with Tenant (other than Landlord), or any entity acting as an agent or sub-agent of Tenant, shall not be entitled to produce, use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or the Project Project, nor cause or permit any Hazardous Materials to be brought upon, placed, stored, manufactured, generated, blended, handled, recycled, used or released on, in, under or about the Premises (herein referred to as “Hazardous Materials Usage”) not previously identified by Tenant to Landlord per the HMBP provided pursuant to Section 7.2.A above, without, in each instance, obtaining Landlord’s prior written consent thereto thereto, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that in the event Tenant desires to use, store or dispose of Hazardous Materials which are not similar to the Hazardous Materials listed on the Approved Hazardous Materials Exhibit in terms of their hazardous character, handling profile, usage and quantity (“New Hazardous Materials Usage”), then (i) Landlord shall have the right to impose additional terms and conditions on this Lease based upon such hazardous character, handling profile, use, storage and/or disposal, to the extent such additional terms and conditions are consistent with the requirements of institutional landlords of “Comparable Buildings,” as that term is defined in Section 8.5(B), below, when leasing space to tenants using Hazardous Materials materially similar in terms of hazardous character, handling profile, usage and quantity to the New Hazardous Materials Usage, and (ii) the installation of any additional exterior storage tanks or vessels in the Common Area or below grade, with respect to such new Hazardous Materials shall be subject to Landlord’s prior written consent, in its sole and absolute discretion, except for (i) small quantities of office products and cleaning fluids customarily used in an office setting . If any information provided to conduct business at Landlord by Tenant on the Premises, and (ii) those Approved Hazardous Materials which are (a) set forth in the Initial Exhibit, or otherwise relating to information concerning Hazardous Materials Disclosure Certificate and is intentionally or grossly negligently false, incomplete, or misleading in any subsequent Annual Hazardous Materials Certificate that is reasonably approved material respect, the same shall be deemed a default by Landlord, and (b) are necessary for Tenant’s business, but then only for the use permitted Tenant under this Lease in the manner for which they were designed and in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authority. The use of such Hazardous Materials shall be in full compliance with Laws, and all judicial and administrative decisions pertaining theretoLease. Any Hazardous Material Materials Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in on or about the Project shall strictly comply with all applicable Laws, including all Hazardous Materials Laws now Laws. Such foregoing obligation shall include, without limitation, maintaining, and complying with, all required necessary licenses, certifications, permits and approvals appropriate or hereinafter enacted. Tenant agrees that required for any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion. Usage by Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises. Landlord shall have a continuing right, Building or Project for the storage without obligation, to require Tenant to obtain, and to review and inspect any and all such permits, licenses, certifications and approvals, together with copies of any and all Hazardous Materials without the express written consent of Landlordmanagement plans and programs, which may be given or withheld in Landlordany and all Hazardous Materials risk management and pollution prevention programs, and any and all Hazardous Materials emergency response and employee training programs respecting Tenant’s sole and absolute discretionHazardous Materials Usage.

Hazardous Material Usage. Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or Premises and the Project without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute discretion. If Landlord, except for (i) small quantities of office products in its sole and cleaning fluids customarily used absolute discretion, consents in an office setting writing to conduct business at the Premisesany such Hazardous Material Usage, and (ii) then Tenant shall be permitted to use only those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for business and to the use permitted under this Lease extent disclosed in the manner for which they were designed Hazardous Materials Certificate and as expressly approved by Landlord in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authoritywriting. The use of Any such Hazardous Materials shall Usage may only be to the extent of the quantities of Hazardous Materials as specified in full compliance with Laws, and all judicial and administrative decisions pertaining theretothe then applicable Hazardous Materials Certificate as expressly approved by Landlord. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Lawslaws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Materials Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion.

Hazardous Material Usage. Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or the Project without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute discretion, except for (i) small quantities of office products Tenant shall be entitled to use and cleaning fluids customarily used in an office setting to conduct business at the Premises, and (ii) store only those Hazardous Materials which (i) are (a) set forth used by Tenant in the Initial operation of its business in connection with Tenant’s laboratory and laboratory-related uses (including research and development and vivarium use) in the Premises (subject to the last sentence of this Section 7.2B) for the Permitted Uses permitted under the terms and conditions of this Lease according to prudent practices provided that the use or presence of Hazardous Materials Disclosure Certificate is strictly and properly monitored (“Lab-Related Hazardous Materials”) or typically used in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary the ordinary course of business in an office for Tenant’s business, but then only for the use permitted under this Lease in the manner for which they were designed and in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authority. The use of such Hazardous Materials shall be in the Premises (“Customary Office Materials”), (ii) are in full compliance with Laws, and all judicial and administrative decisions pertaining thereto, and (iii) as to any Hazardous Materials, processes, or procedures that are not then subject to Hazardous Materials Law or other applicable Laws, are conducted in accordance with standard practices for comparable tenants conducting similar laboratory/office operations in Comparable First-Class Buildings, and do not endanger or create a hazard to public health, safety or welfare or to the environment, within the Premises, or other portions of the Building or the Project. Any Hazardous Material Usage of Hazardous Materials by Tenant Xxxxxx and TenantXxxxxx’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Laws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretiondiscretion (other than movable tanks in compliance with Environmental Law, and subject to Landlord’s prior written approval). Any use or storage of Hazardous Materials by Tenant permitted pursuant to this Article 7 shall not exceed an unreasonably disproportionate share allocated to Tenant (measured on a per floor basis) of similarly classed Hazardous Materials. Notwithstanding anything contained herein to the contrary, in no event shall Tenant or anyone claiming by through or under Tenant perform work at or above the risk category Biosafety Level 2 as established by the Department of Health and Human Services (“DHHS”) and as further described in the DHHS publication Biosafety in Microbiological and Biomedical Laboratories (5th Edition) (as it may be or may have been further revised, the “BMBL”) or such nationally recognized new or #201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12 replacement standards as Landlord may reasonable designate. Tenant shall comply with all applicable provisions of the standards of the BMBL to the extent applicable to Tenant’s operations in the Premises.

Hazardous Material Usage. Tenant shall not be entitled to use, bring, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or Premises and the Project without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute discretion; provided, except for (i) small quantities however, that Landlord shall not withhold its consent to Tenant’s use of office products and cleaning fluids customarily used in an office setting to conduct business at the Premises, and (ii) those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for the use permitted under this Lease in the manner for which they were designed and in such limited amounts business so long as may be normal, customary and necessary for the operation of Tenant’s business use thereof is in compliance with all Laws, including Hazardous Materials Laws, and which do Tenant implements reasonable measures to ensure that the Project will not required a use be contaminated by Tenant’s use, storage, generation, transport or storage permit from any governmental agency or authority. The use disposal of such Hazardous Materials. Any such Hazardous Materials shall Usage may only be to the extent of the quantities of Hazardous Materials as specified in full compliance with Laws, and all judicial and administrative decisions pertaining theretothe then applicable Hazardous Material Disclosure Certificate as expressly approved by Landlord. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Laws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any material changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretiondiscretion (except as expressly provided above). Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion.

Hazardous Material Usage. Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or Premises and the Project other than the materials listed in the Hazardous Materials Certificate, without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute reasonable discretion. If Landlord, in its reasonable discretion, except for (i) small quantities of office products and cleaning fluids customarily used consents in an office setting writing to conduct business at the Premisesany such Hazardous Material Usage, and (ii) then Tenant shall be permitted to use those Hazardous Materials which are (a) set forth as expressly approved by Landlord in writing. Any such Hazardous Materials Usage may only be to the extent of the quantities of Hazardous Materials as specified in the Initial then applicable Hazardous Materials Material Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably or as expressly approved by Landlord, and (b) are necessary for Tenant’s business, but then only for the use permitted under this Lease in the manner for which they were designed and in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authority. The use of such Hazardous Materials shall be in full compliance with Laws, and all judicial and administrative decisions pertaining thereto. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Lawslaws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute reasonable discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion.

Hazardous Material Usage. Other than the Hazardous Materials referenced on the Initial Hazardous Materials Certificate, Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or Premises and the Project without, in each instance, obtaining Landlord’s prior written consent thereto thereto, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord consents in its sole and absolute discretionwriting to any such Hazardous Material Usage, except for (i) small quantities of office products and cleaning fluids customarily used in an office setting then Tenant shall be permitted to conduct business at the Premises, and (ii) use only those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for the use permitted under this Lease in the manner for which they were designed and in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business reasonable judgment, and which do not required a use or storage permit from any governmental agency or authorityas expressly approved by Landlord in writing. The use of Any such Hazardous Materials shall Usage may only be to the extent of the quantities of Hazardous Materials as specified in full compliance with Laws, and all judicial and administrative decisions pertaining theretothe then applicable Hazardous Material Disclosure Certificate or as otherwise expressly approved by Landlord. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Lawslaws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may shall not be given unreasonably withheld, conditioned or withheld in Landlord’s sole and absolute discretiondelayed. Tenant shall not be entitled nor permitted to install any underground tanks under, on or about at the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion. Tenant shall not be entitled nor permitted to install any aboveground or below ground tanks at the Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, in its sole and absolute discretion.

Hazardous Material Usage. Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “"Hazardous Materials Usage”") on, in, or about any portion of the Premises, Building or Premises and the Project without, in each instance, obtaining Landlord’s 's prior written consent thereto in its sole and absolute discretion. If Landlord, except for (i) small quantities of office products and cleaning fluids customarily used in an office setting its reasonable discretion, consents in writing to conduct business at the Premisesany such Hazardous Material Usage, and (ii) then Tenant shall be permitted to use only those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for 's business and to the use permitted under this Lease extent disclosed in the manner for which they were designed Hazardous Material Disclosure Certificate and as expressly approved by Landlord in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authoritywriting. The use of Any such Hazardous Materials shall Usage may only be to the extent of the quantities of Hazardous Materials as specified in full compliance with Laws, and all judicial and administrative decisions pertaining theretothe then applicable Hazardous Material Disclosure Certificate as expressly approved by Landlord. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s 's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Lawslaws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s 's sole and absolute discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s 's sole and absolute discretion. Notwithstanding anything to the contrary herein, Landlord hereby consents to Tenant's use of the Hazardous Materials listed on the Initial Hazardous Materials Disclosure Certificate provided by Tenant pursuant to Section 7.2A above, which Landlord agrees Tenant may use throughout the term of this Lease, and Landlord shall not unreasonably withhold its consent to Tenant's use of any additional Hazardous Materials necessary for the operation of Tenant's business in the Premises.

Hazardous Material Usage. Tenant and Tenant’s Agents shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials other than incidental amounts of customary cleaning and office supplies (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or Premises and the Project without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute reasonable discretion. If Landlord, in its reasonable discretion, except for (i) small quantities of office products consents in writing to any such Hazardous Material Usage, then Tenant and cleaning fluids customarily used in an office setting Tenant’s Agents shall be permitted to conduct business at the Premises, and (ii) use only those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for business and to the use permitted under this Lease extent disclosed in the manner for which they were designed Hazardous Material Disclosure Certificate and as expressly approved by Landlord in such limited amounts as may be normal, customary and necessary for the operation of Tenant’s business and which do not required a use or storage permit from any governmental agency or authoritywriting. The use of Any such Hazardous Materials shall Usage may only be to the extent of the quantities of Hazardous Materials as specified in full compliance with Laws, and all judicial and administrative decisions pertaining theretothe then applicable Hazardous Material Disclosure Certificate as expressly approved by Landlord. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Lawslaws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion. Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion.

Hazardous Material Usage. Tenant shall not be entitled to use, store, generate, transport or dispose of any Hazardous Materials (herein referred to as “Hazardous Materials Usage”) on, in, or about any portion of the Premises, Building or Premises and the Project without, in each instance, obtaining Landlord’s prior written consent thereto in its sole and absolute discretion; provided, except for (i) small quantities however, that Landlord shall not withhold its consent to Tenant’s use of office products and cleaning fluids customarily used in an office setting to conduct business at the Premises, and (ii) those Hazardous Materials which are (a) set forth in the Initial Hazardous Materials Disclosure Certificate and in any subsequent Annual Hazardous Materials Certificate that is reasonably approved by Landlord, and (b) are necessary for Tenant’s business, but then only for the use permitted under this Lease in the manner for which they were designed and in such limited amounts business so long as may be normal, customary and necessary for the operation of Tenant’s business use thereof is in compliance with all Laws, including Hazardous Materials Laws, and which do Tenant implements measures to ensure that the Project will not required a use be contaminated by Tenant’s use, storage, generation, transport or storage permit from any governmental agency or authoritydisposal of such hazardous Materials. The use of Any such Hazardous Materials shall Usage may only be to the extent of the quantities of Hazardous Materials as specified in full compliance with Laws, and all judicial and administrative decisions pertaining theretothe then applicable Hazardous Material Disclosure Certificate as expressly approved by Landlord. Any Hazardous Material Usage of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Lawslaws, including all Hazardous Materials Laws now or hereinafter enacted. Tenant agrees that any material changes to the type and/or quantities of Hazardous Materials specified in the most recent approved Hazardous Material Disclosure Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretiondiscretion (except as expressly provided above). Tenant shall not be entitled nor permitted to install any tanks under, on or about the Premises, Building Premises or Project for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion.