Common use of Hazardous Material Clause in Contracts

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 2 contracts

Sources: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)

Hazardous Material. Tenant Lessee hereby indemnifies and holds Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees for, any and all “Losses” (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release of any Hazardous Material Materials by Lessee on the premises which first occurs during the Term of this Lease, whether foreseeable or unforeseeable, and whether or not known to Lessee, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the premises is in compliance and causing the premises to be brought uponin compliance with all applicable Environmental Laws, kept or used in or about the Leased Premises by Tenantall costs and fees associated with claims for damages to persons, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination natural resources, and Lessor’s reasonable attorneys’ fees and consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the premises during the Term of this Lease, or by reason of the Leased Premises imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation, it being expressly understood and agreed that to the extent Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees, or any of them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, this indemnity shall likewise be without regard to fault on the part of Bellevue Place or any other property by Hazardous Material otherwise occurs for Lessee with respect to the violation of law which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other propertyliability. As used herein, the term Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 2 contracts

Sources: Commercial Lease (Marchex Inc), Commercial Lease (Marchex Inc)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material Material, as defined below, to be brought upon, kept or used in or about the Leased Premises or the Building by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place the Building or any other property, or if contamination of the Leased Premises or any part of Bellevue Place the Building or any other property by any Hazardous Material otherwise occurs for which Tenant may be legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place the Building or the Leased Premises or elsewherePremises, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherethe Building, damages to any other property and sums amounts paid in settlement of claims, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This Without limiting the foregoing, this indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoingBuilding or other property, if the presence of any Hazardous Material brought upon, kept caused or used in or about the Leased Premises or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any contamination of the Leased Premises or any part of Bellevue Place the Building or any other property, . Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place Premises and the Building or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place Premises or the Building or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government."

Appears in 2 contracts

Sources: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)

Hazardous Material. Property. Tenant, its agents, employees, contractors, sublessees, Space Tenants or invitees (the “Tenant Parties”) shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by TenantCampus, unless such Hazardous Material is (i) identified to Landlord prior to its presence on the Campus, (ii) necessary to the lawful business of any such person or entity and (iii) such Hazardous Material is used, kept, stored and disposed of in a manner that complies with all Legal Requirements regulating any such Hazardous Material so brought upon or used or kept in or about the Campus. If Tenant or its agents, employees, contractors contractors, sublessees, Space Tenants or invitees. If Tenant invitees breaches the obligations stated in the preceding sentence, sentence or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant Campus, even if present with the consent of Landlord, results in any contamination or deposit of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromin violation of Legal Requirements on the Campus, then Tenant shall indemnify, defend and hold Landlord Indemnitees harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contaminationcontamination or presence unless, and only to the extent, such breach or contamination is caused by Landlord or its agents, employees, or contractors, in which event Landlord shall be responsible therefor as set forth with respect to a contamination of the Campus under Section 10.6 below. This indemnification of Landlord Indemnitees by Tenant includes, without limitation, costs and reasonable attorneys’ fees incurred by Landlord Indemnitees in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work performed by any individual or entity, regardless of whether such investigation or work is required by any federal, state or local governmental agency Governmental Authority or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placethe Campus, and shall survive the cancellation, termination or expiration of the Term. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Campus caused or used in permitted by Tenant or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, Tenant Parties results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.presence of

Appears in 1 contract

Sources: Ground Lease Agreement (CNL Healthcare Properties, Inc.)

Hazardous Material. 16.1 Other then those listed on Exhibit B and reasonable amounts of those materials commonly used for office and janitorial uses and petroleum products in vehicles, all of which have been preapproved by Landlord, Tenant shall not cause or permit any Hazardous Material Substances (as hereinafter defined) to be brought uponused, kept stored, generated or used disposed of on or in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place Property by Tenant, its Tenant’s agents, employees, contractors or invitees, results without first obtaining Landlord’s written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Leased Premises or the Property except as permitted above, or if the Leased Premises or the Property become contaminated in any contamination manner for which Tenant is legally liable, Tenant shall indemnity and hold harmless the Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including without limitation, a decrease in value of the Leased Premises and the Property, damages due to loss or restriction of rentable or usable space, or any part damages due to adverse impact on marketing of Bellevue Place the leased Premises and the Property, and any and all sums paid for settlement of claims, attorneys fees, consultant and expert fees) arising as a result of such contamination by Tenant. This indemnification includes without limitation, any and all costs incurred due to any investigation of the site or any other propertycleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Leased Premises or the Property and such results in contamination, Tenant shall promptly take all actionspromptly, at its sole expense, as are take any and all necessary actions required by any regulatory agency having jurisdiction over the property to return remediate the condition of the Leased Premises, Bellevue Place or any other property to Premises and the condition existing prior to the introduction of Property. Tenant shall first obtain Landlord’s written approval for any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. remedial action. 16.2 As used herein, herein the term “Hazardous MaterialSubstance” means any hazardous, dangerous, toxic or harmful substance, material or waste substance which is toxic, ignitible, reactive or becomes corrosive and which is regulated by any local governmental authoritygovernment, the State of Washington California or the United States Governmentgovernment. “Hazardous Substance” includes any and all material or substances which are defined as “hazardous waste”, “extremely hazardous waste” or a “hazardous substance” pursuant to state, federal or local governmental law. “Hazardous Substance” includes, but is not restricted to asbestos, polychlorobiphinyls (“PCB’s”) and petroleum.

Appears in 1 contract

Sources: Lease Agreement (Cardium Therapeutics, Inc.)

Hazardous Material. 22.01 Tenant shall not cause or permit permit, any Hazardous Material (as such term is defined in the Purchase Agreement) to be brought or remain upon, kept or used in or about the Leased Premises by Property or the Facility. 22.02 In addition to, and in no way limiting Tenant, its agents, employees, contractors or invitees. If Tenant breaches the ’s duties and obligations stated as set forth in the preceding sentencethis Lease, or if the presence of any Hazardous Material on in or upon the Leased Premises caused Property or permitted by the Facility, that Tenant causes or permits to be brought upon, used, remained upon or kept at the Leased Property results in contamination of the Leased Premises Property, the Facility, the atmosphere, or any part of Bellevue Place water or any other propertywaterway (including groundwater), or if contamination of the Leased Premises Property or the Facility by any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be is otherwise legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, save harmless, and, at Landlord’s option and with attorneys approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), defend Landlord, Landlord’s manager, and hold Landlord harmless its agents, employees, partners, officers, directors, and mortgagees, if any, from any and all claims, judgmentsdemands, damages, penaltiesexpenses, fees, costs, fines, costspenalties, liabilities or suits, proceedings, actions, causes of action, and losses (of any and every kind and nature, including, without limitation, diminution in value of the propertyLeased Property or the Facility, damages for the loss or restriction on use of the rentable or useable usable space or of any amenity of Bellevue Place the Leased Property or the Leased Premises or elsewhereFacility, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherein the Facility, and sums paid in settlement of claims, attorneys’ claims and for attorney’s fees, consultant fees and expert fees) , which may arise during or after the Lease Term or any extension thereof as a result of such contamination. This indemnification of Landlord by Tenant includes, including, without limitation, costs and expenses incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any federal, state or local governmental agency agency, or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placeabout the Leased Property or the Facility or anywhere else which emanated from Tenant or the Leased Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in on or about the Leased Premises Property or Bellevue Place the Facility, caused or permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any contamination of the Leased Premises Property or any part of Bellevue Place or any other propertythe Facility, Tenant shall promptly take all actionsshall, at its sole expense, promptly take all actions as are necessary to return the Leased Premises, Bellevue Place or any other property Property and/or the Facility to the condition existing prior to the introduction of any such Hazardous MaterialMaterial to the Leased Property and/or the Facility; provided provided, however, that Landlord’s approval of such actions shall first be obtained. The provisions of this Section 22.03 shall survive the Expiration Date or earlier termination of this Lease. 22.03 If any laws, which approval shall not be unreasonably withheld so long as such actions would not potentially have orders, rules or regulations of any material adverse long-term applicable governmental authority require that any asbestos or short-term effect on other Hazardous Material contained in or about the Leased PremisesProperty be removed, Bellevue Place encapsulated or otherwise remediated in any particular manner in connection with any Tenant’s Changes, then it shall be Tenant’s obligation, at Tenant’s expense, to remove encapsulate or otherwise remediate such asbestos or any other Hazardous Material in accordance with all such laws, orders, rules and regulations. In the event Tenant is required to remediate such asbestos or other property. As used hereinHazardous Material in accordance with the foregoing provisions of this Article 22, then notwithstanding anything herein to the term “contrary, Landlord, at Landlord’s election, shall have the option to remediate such asbestos or other Hazardous Material” means any hazardousMaterial and, dangerousin such event, toxic or harmful substanceTenant shall reimburse Landlord, material or waste which is or becomes regulated as Tenant Charges, for all of Landlord’s costs and expenses in connection therewith within ten (10) days next following the rendition of a statement by any local governmental authority, the State of Washington or the United States GovernmentLandlord to Tenant requesting such reimbursement.

Appears in 1 contract

Sources: Operating Lease (Wilshire Enterprises Inc)

Hazardous Material. For purposes of this Lease, the term "Hazardous ------------------ Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Landlord covenants that, to the best of its knowledge, there is no Hazardous Material located in, on or under the Building as of the date of this Lease in violation of any federal or state law. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material to be brought uponbrought, kept or used in or about the Leased Premises or the Building by Tenant, its agents, employees, contractors contractors, or invitees. If Tenant breaches hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the propertyBuilding, damages for the loss or restriction on or use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereBuilding, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherein the Building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or and any clean-upcleanup, remedialremedial removal, removal or restoration work required by any federal, state or local governmental agency or political subdivision because due to the presence of Hazardous Material present in which arise during or after the soil or ground water on or under Bellevue PlaceTerm of this Lease. Without limiting the foregoing, if the presence of Landlord hereby agrees that Tenant shall not be liable for any Hazardous Material brought upon, kept into the Building by Landlord or used another tenant of the Building in violation of any federal or about state law. Tenant shall promptly notify Landlord of any release of a Hazardous Material in the Leased Premises or Bellevue Place at the Building of which Tenant becomes aware, whether caused by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place Tenant or any other property, Tenant person or entity. The provisions of this Section 19 shall promptly take all actions, at its sole expense, as are necessary to return survive the Leased Premises, Bellevue Place or any other property to termination of the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States GovernmentLease.

Appears in 1 contract

Sources: Deed of Lease (Noosh Inc)

Hazardous Material. For purposes of this Lease, the term "Hazardous Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state, or federal governmental authority. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink, and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material to be brought uponbrought, kept kept, or used in or about the Leased Premises or the Project by Tenant, its agents, employees, contractors contractors, or invitees. If Any Hazardous Materials that Tenant breaches is authorized to bring, keep or use in or about the Premises shall be stored, used and disposed of in accordance with all requirements of applicable law. Tenant hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, finesfees, costs, liabilities liabilities, or losses (losses, including, without limitation, diminution in value of the propertyProject, damages for the loss or restriction on or use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereProject, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherein the Project, and sums paid in settlement of claims, attorneys’ fees, consultant fees fees, and expert fees) which arise during or after the Term of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or and any clean-upcleanup, remedialremedial removal, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if due to the presence of Hazardous Material. Tenant shall promptly notify Landlord of any release of a Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place at the Project of which Tenant becomes aware, whether caused by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place Tenant or any other property, Tenant person or entity. The provisions of this Section 22 shall promptly take all actions, at its sole expense, as are necessary to return survive the Leased Premises, Bellevue Place or any other property to termination of the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States GovernmentLease.

Appears in 1 contract

Sources: Office Lease Agreement (Cross Country Healthcare Inc)

Hazardous Material. Tenant LICENSOR hereby expressly acknowledges that LICENSEE intends to use the PREMISES for the purpose of conduction mining and/or mineral concentrating and processing operations (hereinafter collectively referred to as "Operations"). LICENSEE shall obtain, prior to engaging in Operations, such governmental approvals (including, but not cause limited to, a closure or reclamation plan) as may be required under applicable laws. LICENSEE shall make available to LICENSOR copies of all approvals. In the course of conducting Operations it is expected that LICENSEE will us materials which may be considered "Hazardous Materials" as defined below and which are authorized for use by appropriate permit any Hazardous Material or authorization. LICENSOR hereby expressly grants permission for LICENSEE to be brought upon, kept or used use such materials in or about the Leased Premises by Tenant, its agents, employees, contractors or inviteescourse of conduction Operations. If Tenant LICENSEE breaches its obligation as imposed by any permit or authorization, and the obligations stated in the preceding sentence, or if the unauthorized presence of Hazardous Material on the Leased Premises caused or permitted by Tenant PREMISES results in contamination of the Leased Premises or any part of Bellevue Place or PREMISES, or, if any other property, or if contamination of damage to the Leased Premises or any part of Bellevue Place or any other property PREMISES by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromoccurs, then Tenant LICENSEE shall indemnify, defend defend, save and hold Landlord LICENSOR harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherelosses, and reasonable sums paid in settlement of claims, attorneys' fees, consultant consultants' fees and expert fees) fees which arise during or after the Lease Term term hereof or any extension, as applicable, as a result of such contaminationcontamination or otherwise as a result of the presence, use, generation, storage, release, threatened release, manufacture or disposal of Hazardous Material on the PREMISES or the transportation to or from the PREMISES of Hazardous Material. This indemnification of Landlord LICENSOR by Tenant LICENSEE includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water groundwater on or under Bellevue Placethe PREMISES and shall continue in full force and effect in the event LICENSEE acquires the fee ownership of the PREMISES pursuant to Paragraph 10.4. Without limiting In the foregoingevent that LICENSEE shall fail to comply with any laws regulating Hazardous Material or otherwise applicable in connection with LICENSEE'S use and operation of the PREMISES within ten (10) days after LICENSOR shall give LICENSEE written notice of such non-compliance, or if such compliance within such period is not possible, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results LICENSEE shall not commence curing and diligently proceed to completion (but in any contamination event LICENSEE shall complete such compliance when required by law), then LICENSOR may comply with the same on behalf of LICENSEE and all costs and expenses incurred by LICENSOR in complying with such laws shall be deemed additional consideration under the Leased Premises or any part of Bellevue Place or any other property, Tenant Agreement and shall promptly take all actions, at its sole expense, as are necessary be payable to return the Leased Premises, Bellevue Place or any other property LICENSEE to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States GovernmentLICENSOR within ten (10) days after LICENSOR'S written demand therefor.

Appears in 1 contract

Sources: Minerals Exploration Agreement and Option to Lease or Purchase (Golden Queen Mining Co LTD)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as defined in Exhibit D) to be brought upon, kept kept, or used in or about the Real Property or Leased Premises by Tenant, its agents, employees, contractors contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s business and will at all times be used, kept, stored, and disposed of in a manner that complies at all times with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Leased Premises and such storage will not create an undue risk to other tenants). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Real Property or Leased Premises or any part of Bellevue Place or any other propertyPremises, or if contamination of the Real Property or Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend defend, and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the propertyReal Property and Leased Premises, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place or the Real Property and Leased Premises or elsewherePremises, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherespace, and sums paid in settlement of claims, attorneys’ fees, consultant fees fees, and expert fees) which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Leased Premises or in the soil or ground water on or under Bellevue Placethe Leased Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought uponin, kept or used in on, or about the Leased Premises caused or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyPremises, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property Premises to the condition existing prior to the introduction of any such Hazardous MaterialMaterial thereto; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material (as determined by Landlord) adverse long-term or short-term effect on the Leased PremisesPremises or exposes Landlord to any liability therefore and such actions are undertaken in accordance with all applicable laws, Bellevue Place or other property. As used hereinrules and regulations, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentand accepted industry practices.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. For the purpose of this Lease, "Hazardous Material" shall include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and in any other law, ordinance, rule, regulation or order promulgated by the federal or state government, or any other governmental entity having jurisdiction over the Office Building Project or the parties to this Lease. If Tenant breaches the obligations stated set forth in the preceding sentencethis paragraph, or if the presence of Hazardous Material on in the Leased Premises or at the Office Building Project caused or permitted by Tenant (whether or not Landlord has given its consent to the presence of such Hazardous Material in the Premises) results in contamination of the Leased Premises or any other part of Bellevue Place or any other propertythe Office Building Project, or if contamination of the Leased Premises or any part of Bellevue Place or any other property Office Building Project by Hazardous Material otherwise occurs for which Tenant may be is legally liable for damage resulting therefromliable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, judgments damages, penalties, fines, assessments, costs, liabilities or losses (losses, including, without limitation, diminution in value of the propertyOffice Building Project, damages for the loss or restriction on use of rentable or useable space or floor area in or of any amenity of Bellevue Place or the Leased Premises or elsewhereOffice Building Project, damages arising from any adverse impact on marketing of leasing space at Bellevue Place or elsewherein the Office Building Project, and sums paid in settlement of claims, and any attorneys' fees, consultant fees and expert fees) fees which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil xxxxxxxxx xxxxxxxxx xxxxx xxxx. Material caused or ground water on permitted by Tenant or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyOffice Building Project, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property Office Building Project to the condition existing prior to the introduction of any such Hazardous Material; , provided that Landlord’s approval 's approval, and that of any ground lessor or mortgagee of Landlord, of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect effects on the Leased Premises, Bellevue Place or other propertyOffice Building Project. As used herein, the term “Hazardous Material” means Tenant shall promptly notify Landlord of any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentsuch contamination.

Appears in 1 contract

Sources: Lease Amendment (Scanvec Amiable LTD)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought uponhereby indemnifies and holds Landlord and Landlord's officers, kept or used in or about the Leased Premises by Tenantdirectors, its agentsshareholders, employeesmanagers, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentencemembers, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend agents and hold Landlord employees harmless from and against, and shall reimburse Landlord and Landlord's officers, directors, shareholders, managers, members, agents and employees for, any and all claims"Losses" (as hereinafter defined) arising from, judgmentsout of or as a consequence, damagesdirectly or indirectly, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss release or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought uponMaterials on the premises which first occurs during the Term of this Lease, kept whether foreseeable or used in unforeseeable, and whether or about the Leased Premises or Bellevue Place by not known to Tenant, its agentsit being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the premises is in compliance and causing the premises to be in compliance with all applicable Environmental Laws, all costs and fees associated with claims for damages to persons, property, or natural resources, and Landlord's reasonable attorneys' fees and consultants' fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the premises during the Term of this Lease, or by reason of the imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation, it being expressly understood and agreed that to the extent Landlord and Landlord's officers, directors, shareholders, managers, members, agents and employees, contractors or inviteesany of them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, this indemnity shall likewise be without regard to fault on the part of Tenant with respect to the violation of law which results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other propertyliability. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government."

Appears in 1 contract

Sources: Commercial Lease

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as defined in Section 29.32.3 below) to be brought uponbrought, kept or used in or about the Leased Premises Real Property by Tenant, its agents, employees, contractors contractors, or invitees. If Tenant breaches indemnifies Landlord for, from and against any breach by Tenant of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the propertyReal Property, damages for the loss or restriction on or use of rentable or useable usable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereReal Property, damages arising from any adverse impact on or marketing of space at Bellevue Place or elsewherein the Real Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees fees, and expert fees) which arise during or after the Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placethe Real Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Real Property caused or used in or about the Leased Premises or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any contamination of the Leased Premises or any part Real Property and subject to the provisions of Bellevue Place or any other propertyArticles 8 and 9 hereof, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property Real Property to the condition existing prior to the introduction of any such Hazardous Material; provided that Material and the contractors to be used by Tenant for such work must be approved by Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased PremisesReal Property and so long as such actions do not materially interfere with the use and enjoyment of the Real Property by the other tenants thereof. 29.32.1 Landlord and Tenant acknowledge that Landlord may become legally liable for the costs of complying with Laws (as defined in Section 29.32.4 (below) relating to Hazardous Material which are not the responsibility of Landlord or the responsibility of Tenant, Bellevue Place including the following: (i) Hazardous Material present in the soil or ground water on the Real Property of which Landlord has no knowledge as of the effective date of this Lease; (ii) a change in Laws which relate to Hazardous Material which make that Hazardous Material which is present on the Real Property as of the effective date of this Lease, whether known or unknown to Landlord, a violation of such new Laws; (iii) Hazardous Material that migrates, flows, percolates, diffuses, or in any way moves on to, or under, the Real Property after the effective date of this Lease; or Hazardous Material present on or under the Real Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Real Property by other lessees of the Real Property or their agents, employees, contractors, or invitees, or by others. Accordingly, Landlord and ▇▇▇▇▇▇ agree that the cost of complying with Laws relating to Hazardous Material on the Real Property for which Landlord is legally liable and which are paid or incurred by Landlord shall be an Operating Expense (and Tenant shall pay Tenant’s Share thereof in accordance with Article 4) unless the cost of such compliance as between Landlord and Tenant, is made the responsibility of Tenant pursuant to Section 29.32 above. To the extent any such Operating Expense relating to Hazardous Material is subsequently recovered or reimbursed through insurance, or recovery from responsible third parties or other property. action, Tenant shall be entitled to a proportionate reimbursement to the extent it has paid its share of such Operating Expense to which such recovery or reimbursement relates. 29.32.2 It shall not be unreasonable for Landlord to withhold its consent to any proposed Transfer if (i) the proposed transferee’s anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous Material; (ii) the proposed Transferee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Material contaminating a property if the contamination resulted from such Transferee’s actions or use of the property in question; or (iii) the proposed Transferee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a Hazardous Material. 29.32.3 As used herein, the term “Hazardous Material” means any hazardous, dangerous, hazardous or toxic or harmful substance, material material, or waste which is or becomes regulated by any local governmental authority, the State of Washington California or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) designated as a “Toxic Pollutant” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (ii) defined as a “Hazardous Waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), or (iii) defined as a “Hazardous Substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601).

Appears in 1 contract

Sources: Office Lease (Movano Inc.)

Hazardous Material. 29.31.1 Except for ordinary office and janitorial supplies in quantities customarily used by office tenants, Tenant shall not cause or permit authorize any Hazardous Material (as defined in Section 29.31.4 below) to be brought uponbrought, kept or used in or about the Leased Premises Real Property by Tenant, its agents, employees, contractors contractors, or invitees. If Tenant breaches indemnifies Landlord for, from and against any breach by Tenant of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or 50 losses (including, without limitation, diminution in value of the propertyReal Property, damages for the loss or restriction on or use of rentable or useable usable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereReal Property, damages arising from any adverse impact on or marketing of space at Bellevue Place or elsewherein the Real Property, and sums paid in settlement of claims, attorneys' fees, consultant fees fees, and expert fees) which arise during or after the Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placethe Real Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Real Property caused or used in or about the Leased Premises or Bellevue Place authorized by Tenant, its agents, employees, contractors or invitees, Tenant results in any contamination of the Leased Premises or any part Real Property and subject to the provisions of Bellevue Place or any other propertyArticles 8 and 9 hereof, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property Real Property to the condition existing prior to the introduction of any such Hazardous Material; provided that Material and the contractors to be used by Tenant for such work must be approved by Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased PremisesReal Property and so long as such actions do not materially interfere with the use and enjoyment of the Real Property by the other tenants thereof. Tenant's indemnity under this Section 29.31.1 is strictly conditioned on prompt notice, Bellevue Place tender of defense/settlement, and reasonable cooperation by Landlord. 29.31.2 [Intentionally Omitted] 29.31.3 It shall not be unreasonable for Landlord to withhold its consent to any proposed Transfer if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous Material other property. As than ordinary office and janitorial supplies in quantities customarily used herein, by office tenants; (ii) the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated proposed Transferee has been required by any local prior landlord, lender, or governmental authority, authority to take remedial action in connection with Hazardous Material contaminating a property if the State contamination resulted from such Transferee's actions or use of Washington or the United States Government.property in question; or

Appears in 1 contract

Sources: Office Lease (Microage Inc /De/)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 14 regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Hazardous Material. Tenant a. A & A Farming shall not cause or permit any Hazardous Material to be brought upon, kept kept, or used in or about the Leased Premises Property by TenantA & A Farming, its agents, employees, contractors contractors, or invitees. invitees without the prior written consent of Greeley (which Greeley shall not unreasonably withhold consent so long as A & A Farming demonstrates to Greeley’s reasonable satisfaction that such Hazardous Material is necessary to use of the Property for grazing or farming purposes, and will be used, kept, and stored in a manner that complies with all laws regulating any such Hazardous Material). b. If Tenant A & A Farming breaches the obligations stated in the preceding sentenceherein, or if the presence of Hazardous Material on the Leased Premises Property caused or permitted by Tenant A &A Farming results in contamination of the Leased Premises or any part of Bellevue Place or any other propertyProperty, or if contamination of the Leased Premises or any part of Bellevue Place or any other property Property by Hazardous Material otherwise occurs for which Tenant may be A &A Farming is legally liable to Greeley for damage resulting therefrom, then Tenant A &A Farming and its agents, employees, contractors, and invitees shall indemnify, defend defend, and hold Landlord Greeley harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term lease term as a result of such contamination. This indemnification of Landlord by Tenant Greeley includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water groundwater on or under Bellevue Place. the Property. c. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Property caused or used in or about the Leased Premises or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, A & A Farming results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyProperty, Tenant A & A Farming shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property Property to the condition existing prior to the introduction of any such Hazardous MaterialMaterial to the Property; provided that Landlord’s ▇▇▇▇▇▇▇’▇ approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. Property. d. As used herein, the term “Hazardous Material” means any hazardous, dangerous, hazardous or toxic or harmful substance, material material, or waste which is or becomes regulated by any local governmental authority, the State of Washington Colorado, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous substance” under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as a “hazardous substance” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1321; (v) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6903; (vi) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601; or (vii) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. § 6991.

Appears in 1 contract

Sources: Grazing and Farm Lease Agreement

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought uponLessee hereby indemnifies and holds Lessor and Lessor’s officers, kept or used in or about the Leased Premises by Tenantdirectors, its agentsshareholders, employeesmanagers, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentencemembers, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend agents and hold Landlord employees harmless from and against, and shall reimburse Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees for, any and all claims“Losses” (as hereinafter defined) arising from, judgmentsout of or as a consequence, damagesdirectly or indirectly, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss release or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought uponMaterials on the Premises which first occurs during the Term of this Lease, kept whether foreseeable or used unforeseeable, and whether or not known to Lessee, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the Premises is in compliance and causing the Premises to be in compliance with all applicable Environmental Laws, all costs and fees associated with claims for damages to persons, property, or about natural resources, and Lessor’s reasonable attorneys’ fees and consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Leased Premises during the Term of this Lease, or Bellevue Place by Tenantreason of the imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation, its agentsit being expressly understood and agreed that to the extent Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees, contractors or inviteesany of them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, this indemnity shall likewise be without regard to fault on the part of Lessee with respect to the violation of law which results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other propertyliability. As used herein, the term Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 1 contract

Sources: Commercial Triple Net Lease With Purchase Option (Empowered Products, Inc.)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. For the purpose of this Lease, "Hazardous Material" shall include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" 34 as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and in any other law, ordinance, rule, regulation or order promulgated by the federal or state government, or any other governmental entity having jurisdiction over the Office Building Project or the parties to this Lease. If Tenant breaches the obligations stated set forth in the preceding sentencethis paragraph, or if the presence of Hazardous Material on in the Leased Premises or at the Office Building Project caused or permitted by Tenant (whether or not Landlord has given its consent to the presence of such Hazardous Material in the Premises) results in contamination of the Leased Premises or any other part of Bellevue Place or any other propertythe Office Building Project, or if contamination of the Leased Premises or any part of Bellevue Place or any other property Office Building Project by Hazardous Material otherwise occurs for which Tenant may be is legally liable for damage resulting therefromliable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, assessments, costs, liabilities or losses (losses, including, without limitation, diminution in value of the propertyOffice Building Project, damages for the loss or restriction on use of rentable or useable space or floor area in or of any amenity of Bellevue Place or the Leased Premises or elsewhereOffice Building Project, damages arising from any adverse impact on marketing of leasing space at Bellevue Place or elsewherein the Office Building Project, and sums paid in settlement of claims, and any reasonable attorneys' fees, consultant fees and expert fees) fees which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water in, on or under Bellevue Placethe Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept caused or used in permitted by Tenant or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyOffice Building Project, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property Office Building Project to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval 's approval, and that of any ground lessor or mortgagee of Landlord, of such actions shall first be obtained, which approval shall not be unreasonably withheld or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect effects on the Leased PremisesOffice Building Project. Tenant shall promptly notify Landlord of any such contamination. Notwithstanding the foregoing, Bellevue Place or other property. As used herein, Tenant may use normal cleaning and office supplies and equipment on the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States GovernmentPremises if it does so in accordance with all applicable law.

Appears in 1 contract

Sources: Office Lease (Epl Technologies Inc)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. For the purpose of this Lease, “Hazardous Material” shall include oil. Flammable explosives, asbestos, urea lo mi aldehyde, radioactive materials nr waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any “hazardous substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and in any other law. ordinance, rule, regulation or order promulgated by the federal or state government, or any other governmental entity having jurisdiction over the Office Building Project or the parties to Ibis Lease, If Tenant breaches the obligations stated set forth in the preceding sentencethis paragraph, or if the presence of Hazardous Material on in the Leased Premises or at the Office Building Project caused or permitted by Tenant (whether or not Landlord has given its consent to the presence of such Hazardous Material in the Premises) results in contamination of the Leased Premises or any other part of Bellevue Place or any other propertythe Office Building Project, or if contamination of the Leased Premises or any part of Bellevue Place or any other property Office Building Project by Hazardous Material otherwise occurs for which Tenant may be is legally liable for damage resulting therefromliable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, assessments, costs, liabilities or losses (losses, including, without limitation, diminution in value of the propertyOffice Building Project, damages for the loss or restriction on use of rentable or useable space or floor area in or of any amenity of Bellevue Place or the Leased Premises or elsewhereOffice Building Project, damages arising from any adverse impact on marketing of leasing space at Bellevue Place or elsewherein the Office Building Project, and sums paid in settlement of claims, and any attorneys’ fees, consultant fees and expert fees) fees which arise during or after the Term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water in, on or under Bellevue Placethe Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept caused or used in permitted by Tenant or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyOffice Building Project, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property Office Building Project to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlordlandlord’s approval approval, and that of any ground lessor or mortgagee of landlord, of such actions shall first lirst be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect effects on the Leased Premises, Bellevue Place or other propertyOffice Building Project. As used herein, the term “Hazardous Material” means Tenant shall promptly notify Landlord of any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentsuch contamination.

Appears in 1 contract

Sources: Lease (Parnell Pharmaceuticals Holdings Pty LTD)

Hazardous Material. Tenant shall not TENANT agrees to neither cause or nor permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises real estate by Tenantanyone, including TENANT and its agents, employees, contractors or invitees, without the prior written consent of LANDLORD (which LANDLORD shall not unreasonably withhold as long as TENANT demonstrates to LANDLORD’S reasonable satisfaction that such Hazardous Material is necessary or useful to TENANT’S business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the real estate and TENANT provides LANDLORD with evidence that all governmental approvals and permits as well as proof of insurance for the permitted activity). If Tenant TENANT breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant real estate-results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromreal estate, then Tenant as a result of such contamination TENANT shall indemnify, defend and hold Landlord LANDLORD harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in of value of the propertyreal estate, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place the real estate, damages, costs or the Leased Premises expenses of remediation required or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewheredeemed necessary by TENANT, and sums paid in settlement of claims, attorneys’ attorney’s fees, consultant fees and expert fees) fees which arise during or after the Lease Term as a result completion or termination of such contaminationthis Agreement. This indemnification of Landlord LANDLORD by Tenant TENANT includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedialremediation, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placethe real estate, but only to the extent required by law or by applicable governmental agency regulation. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the real estate caused or used in or about the Leased Premises or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, TENANT results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyreal estate, Tenant TENANT shall promptly take all actions, actions required by law or applicable governmental agency regulations at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property real estate to the condition existing prior to the introduction of any such Hazardous MaterialMaterial to the real estate; provided that Landlord’s LANDLORD’S approval of such actions action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-long term or short-short term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentreal estate.

Appears in 1 contract

Sources: Lease Agreement (Accuride Corp)

Hazardous Material. For purposes of this Lease, the term "Hazardous Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material to be brought uponbrought, kept or used in or about the Leased Premises or the Project by Tenant, its agents, employees, contractors contractors, or invitees. If Tenant breaches hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the propertyProject, damages for the loss or restriction on or use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereProject, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherein the Project, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or and any clean-upcleanup, remedialremedial removal, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if due to the presence of Hazardous Material. Tenant shall promptly notify Landlord of any release of a Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place at the Project of which Tenant becomes aware, whether caused by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place Tenant or any other propertyperson or entity. The provisions of this Section 22 shall survive the termination of the Lease. TO THE BEST OF LANDLORD'S ACTUAL KNOWLEDGE, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States GovernmentTHERE IS NO HAZARDOUS MATERIAL IN THE BUILDING OR THE PROJECT AS OF THE DATE THIS LEASE IS FULLY EXECUTED BY LANDLORD AND TENANT.

Appears in 1 contract

Sources: Lease Agreement (Amisys Managed Care Systems Inc)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises or the Project by Tenant, its agents, employees, contractors or inviteesinvitees without the express written consent of Landlord. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises or the Project caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other propertythe Project, or if contamination of the Leased Premises or any part of Bellevue Place or any other property the Project by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromis responsible, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the propertyProject, damages for the loss or restriction on of use of rentable or useable usable space or of any amenity of Bellevue Place the Project or the Leased Premises or elsewhere, damages arising from any adverse impact on the marketing of space at Bellevue Place or elsewherespace, and sums paid in settlement of claims, attorneys’ attorney's fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of on-site conditions or any clean-clean up, remedial, removal or restoration work required by any federal, state or local governmental government agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placethe Project. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Project caused or used in or about the Leased Premises or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertyProject, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property Project to the condition existing prior to the introduction of any such Hazardous Material; Material to the Project, provided that Landlord’s 's approval of such actions action shall first be obtainedobtained with respect to actions required by Tenant, which Landlord's approval shall not to be unreasonably withheld so long as such actions would not potentially have any material adverse long-term withheld. The foregoing indemnity shall survive the expiration or short-term effect on earlier termination of the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States GovernmentLease.

Appears in 1 contract

Sources: Lease Agreement (Essxsport Corp)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought uponLessee hereby indemnifies and holds Lessor and ▇▇▇▇▇▇’s officers, kept or used in or about the Leased Premises by Tenantdirectors, its agentsshareholders, employeesmanagers, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentencemembers, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend agents and hold Landlord employees harmless from and against, and shall reimburse Lessor and ▇▇▇▇▇▇’s officers, directors, shareholders, managers, members, agents and employees for, any and all claims“Losses” (as hereinafter defined) arising from, judgmentsout of or as a consequence, damagesdirectly or indirectly, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss release or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought uponMaterials on the Premises which first occurs during the Term of this Lease, kept whether foreseeable or used unforeseeable, and caused by ▇▇▇▇▇▇, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the Premises is in compliance and causing the Premises to be in compliance with all applicable Environmental Laws, all costs and fees associated with claims for damages to persons, property, or about natural resources, and Lessor’s reasonable attorneys’ fees and consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Leased Premises during the Term of this Lease, or Bellevue Place by Tenantreason of the imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation. “Losses” shall mean any and all loss, claim, liability, damages, injuries to person, property or natural resources, cost, expense, action or cause of action arising from the actions of Lessee, its agentsemployees or invitees. Lessee hereby covenants and agrees that all obligations of Lessee under this Section shall survive any termination of the Lease, it being further understood and agreed that the rights of Lessor under this Section shall be in addition to any other rights and remedies under this Lease or at law or in equity. Any amount due to Lessor under this Section not paid by ▇▇▇▇▇▇ within thirty (30) days after written demand therefore from Lessor shall bear interest at Prime plus three percent (3%) per annum. Lessee shall comply with all Environmental Laws throughout the Term. Lessor hereby indemnifies and holds ▇▇▇▇▇▇ and ▇▇▇▇▇▇’s employees, contractors or inviteesagents and invitees harmless from and against any and all Losses arising from causes which are not covered by ▇▇▇▇▇▇’s indemnity above, results in including, but not limited to, any contamination of Hazardous Materials on the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction Term of this Lease and any such Hazardous Material; provided that Landlord’s approval of such actions shall first Materials which may in the future be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place caused by Lessor or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentthird parties.

Appears in 1 contract

Sources: Commercial Lease Agreement

Hazardous Material. Tenant shall TENANT agrees to neither cause not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises real estate by Tenantanyone, including TENANT and its agents, employees, contractors or invitees, without the prior written consent of LANDLORD (which LANDLORD shall not unreasonably withhold as long as TENANT demonstrates to LANDLORD reasonable satisfaction that such Hazardous Material is necessary or useful to TENANT’s business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the real estate). If Tenant TENANT breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises real estate caused or permitted by Tenant TENANT results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromreal estate, then Tenant as a result of such contamination TENANT shall indemnify, defend and hold Landlord LANDLORD harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in of value of the propertyreal estate, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place the real estate, damages, costs or the Leased Premises expenses of remediation required or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewheredeemed necessary by TENANT, and sums paid in settlement of claims, attorneys’ attorney’s fees, consultant fees and expert fees) which arise during or after the Lease Term as a result completion or termination of such contaminationthis Agreement. This indemnification of Landlord LANDLORD by Tenant TENANT includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedialremediation, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentreal estate.

Appears in 1 contract

Sources: Lease Agreement (Accuride Corp)

Hazardous Material. Tenant shall Lessee hereby covenants not cause to permit the introduction or permit maintenance of any Hazardous Material to be brought upon, kept or used in or about the Amended Leased Premises Property by TenantLessee, or its Customers, agents, employees, contractors contractors, or inviteesinvitees without the prior written consent of the General Manager, which General Manager shall not unreasonably withhold as long as Lessee demonstrates to the General Manager's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's operation hereunder and will be used, kept and stored in a manner that complies with all laws, regulations and codes regulating any such Hazardous Material so brought upon or used or kept in or about the Amended Leased Property. If Tenant Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Amended Leased Premises Property caused or permitted by Tenant Lessee results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Amended Leased Premises Property or any part of Bellevue Place the Lake ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Reservoir, or any other property Lake ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and West Elm Creek Reservations by Hazardous Material otherwise occurs for which Tenant may be Lessee is responsible or legally liable to OCWUT and/or CITY for damage resulting therefromthere from, then Tenant Lessee shall indemnify, defend and hold Landlord CITY and OCWUT, and their officers, trustees, agents and employees harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (includinglosses; and Lessee shall make restitution to OCWUT and/or CITY, including without limitation, damage to or diminution in value of the propertyAmended Leased Property, Private Improvements, Ancillary Improvements and/or the Lake ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and West Elm Creek Reservation; damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place or improvement to the Amended Leased Premises or elsewhere, Property; damages arising from any adverse impact on marketing of space at Bellevue Place the Amended Leased Property or elsewhere, any water from Lake ▇▇▇▇▇▇▇ ▇▇▇▇▇▇; and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) fees which arise during or after the Lease Term any term hereof as a result of such contamination. This indemnification of Landlord CITY and OCWUT by Tenant Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedialremediation, removal or restoration work by CITY or OCWUT and any clean-up, remediation or restoration required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil soil, surface water or ground water on or under Bellevue Placethe Amended Leased Property and/or water in or on the ▇▇▇▇▇▇ and West Elm Creek Reservation. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Amended Leased Property caused or used in or about the Leased Premises or Bellevue Place permitted by Tenant, its agents, employees, contractors or invitees, Lessee results in any contamination of the Amended Leased Premises or any part of Bellevue Place or any other propertyProperty, Tenant Lessee shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Amended Leased Premises, Bellevue Place or any other property Property and/or the Lake ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and West Elm Creek Reservations to the condition existing prior to the introduction of any such Hazardous MaterialMaterial to the Amended Leased Property; provided that Landlord’s CITY and OCWUT's approval of such actions shall first not waive or be obtaineddeemed to waive any rights or obligations set forth in this Amended Lease. The foregoing indemnity shall survive the non-renewal, which approval cancellation, expiration or termination of this Amended Lease. CITY and OCWUT and their employees and agents shall have the right, but not the duty, to inspect the Amended Leased Property at any time to determine whether Lessee is complying with the provisions of this Amended and Restated Lease. If Lessee is not in compliance with this Amended and Restated Lease, CITY and OCWUT shall have the right to immediately enter upon the Amended Leased Property to remedy any use or misuse of Hazardous Material and/or any contamination caused by Lessee's failure to comply, notwithstanding any other provisions of this Amended and Restated Lease. CITY and OCWUT shall use its best efforts to minimize interference with Lessee's business, but shall not be unreasonably withheld so long as liable for any interruption or interference caused thereby and no such actions would not potentially have interruption or interference shall be deemed a taking. Lessee shall reimburse CITY and OCWUT for any material adverse long-term expense, cost or short-term effect on loss paid by CITY or OCWUT, respectively, to remedy any of the Leased Premisesaforementioned situations and contaminations within thirty (30) days of demand. Notwithstanding the above, Bellevue Place or OCWUT and/or CITY may seek to enforce the requirements and prohibitions of this Amended and Restated Lease through any other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentavailable means.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought uponSection 19.1. Lessee hereby indemnifies and holds Lessor and Lessor's officers, kept or used in or about the Leased Premises by Tenantdirectors, its agentsshareholders, employeesmanagers, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentencemembers, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend agents and hold Landlord employees harmless from and against, and shall reimburse Lessor and Lessor's officers, directors, shareholders, managers, members, agents and employees for, any and all claims"Losses" (as hereinafter defined) arising from, judgmentsout of or as a consequence, damagesdirectly or indirectly, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss release or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought uponMaterials on the Premises which first occurs during the Term of this Lease, kept whether foreseeable or used unforeseeable, and whether or not known to Lessee, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the Premises is in compliance and causing the Premises to be in compliance with all applicable Environmental Laws, all costs and fees associated with claims for damages to persons, property, or about natural resources, and Lessor's reasonable attorneys' fees and consultants' fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Leased Premises during the Term of this Lease, or Bellevue Place by Tenantreason of the imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation, its agentsit being expressly understood and agreed that to the extent Lessor and Lessor's officers, directors, shareholders, managers, members, agents and employees, contractors or inviteesany of them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, this indemnity shall likewise be without regard to fault on the part of Lessee with respect to the violation of law which results in such liability. "Losses" shall mean any contamination of the Leased Premises and all loss, claim, liability, damages, injuries to person, property or any part of Bellevue Place or any other propertynatural resources, Tenant shall promptly take all actionscost, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place action or any other property to the condition existing prior to the introduction cause of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentaction.

Appears in 1 contract

Sources: Lease Agreement (Blue Rhino Corp)

Hazardous Material. Tenant Lessee shall not cause or permit any Hazardous Material Substance (defined below) to be brought uponused, kept stored, generated, or used disposed of on, in or about the Building or the Leased Premises by TenantLessee, its agents, Lessee's agents and employees, contractors or inviteesin any manner not permitted by applicable law, without first obtaining Lessor's written consent. If Tenant breaches Hazardous Substances are used, stored, generated, or disposed of on, in or about the obligations stated Building or the Leased Premises, in the preceding sentenceany manner not permitted by applicable law, or if the presence of Hazardous Material on the Building or Leased Premises caused or permitted by Tenant results becomes contaminated in contamination any manner as a result of the Leased Premises activities of Lessee, its agents or any part of Bellevue Place or any other propertyemployees, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant Lessee shall indemnify, defend and hold Landlord harmless Lessor (and its agent and employees) from any and all claims, judgmentsdamages, damagesfines, judgment, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution a decrease in the value of the propertyLeased Premises), or damages for the caused by loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereusable space, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesincluding, without limitation, any and all costs incurred in connection with because of any investigation of the site conditions or any clean-upcleanup, remedialremoval, removal or restoration work required mandated by any federal, state state, or local governmental agency or political subdivision because of Hazardous Material present in the soil subdivision. If Lessee causes or ground water on or under Bellevue Place. Without limiting the foregoing, if permits the presence of any Hazardous Material brought uponSubstance in the Building or Leased Premises, kept or used in or about the Leased Premises or Bellevue Place any manner not permitted by Tenantapplicable law, its agents, employees, contractors or invitees, that results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertycontamination, Tenant Lessee shall promptly take all actionspromptly, at its sole expense, as are take any and all necessary actions to return the Building and/or Leased Premises, Bellevue Place or any other property Premises to the condition existing prior to the introduction presence of any such Hazardous Material; provided that Landlord’s approval of such actions Substance. Lessee shall first be obtainedobtain Lessor's approval for any such remedial action. Lessee shall also comply with requirements of all governmental regulations and ordinances regarding the use and storage of Hazardous Substances. Lessee shall promptly notify Lessor in writing of (i) any enforcement, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse longclean-term or short-term effect on the Leased Premisesup, Bellevue Place removal or other property. As used hereingovernmental action instituted or threatened with regard to Hazardous Substances involving the Building, (ii) any claim made or threatened related to damage from Hazardous Substances at the term “Building and (iii) any reports made to any environmental agency in connection with any Hazardous Material” means any hazardous, dangerous, toxic Substances at or harmful substance, material or waste which is or becomes regulated by any local governmental authority, removed from the State of Washington or the United States GovernmentBuilding.

Appears in 1 contract

Sources: Lease Contract (Charys Holding Co Inc)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Hazardous Material. Tenant A. Lessee shall not cause or permit any Hazardous Material or Substance to be brought upon, kept generated, stored, disposed of or used in or about the Leased Premises by TenantLessee, its agents, employees, contractors contractors, or invitees, without the prior written consent of Lessor. Lessor shall not unreasonably withhold consent as long as Lessee demonstrates to Lessor's reasonable satisfaction such Hazardous Material or Substance is necessary to Lessee's business and shall be used, generated, disposed of, and stored in a manner in compliance with all laws regulating any such Hazardous Material or Substance so brought upon, generated, stored, disposed of or used in or about the Premises. Lessor may, at its option, require Lessee to provide periodic reports as to the kinds and quantities of Hazardous Materials or Substances on the Premises and as to how Lessee is complying with applicable laws. B. If Tenant Hazardous Materials or Substances are used, generated, disposed of, or stored in or about the Premises during the term of this Lease, Lessor may, at its election, perform an environmental assessment of the Premises, at ▇▇▇▇▇▇'s sole cost and expense, at the termination of this Lease or termination of ▇▇▇▇▇▇'s right to possession under this Lease, whichever occurs first. C If: 1. Lessee breaches the obligations stated in the preceding sentence, or if the subsection A. above; 2. The presence of Hazardous Material or Substance on the Leased Premises caused or permitted by Tenant Lessee results in contamination of the Leased Premises or any part contamination of Bellevue Place or any other property, or if contamination property at ▇▇▇▇▇▇▇ Field; or 3. Contamination of the Leased Premises or any part of Bellevue Place or any other property at ▇▇▇▇▇▇▇ Field by Hazardous Material or Substance otherwise occurs for which Tenant may be Lessee is legally liable to Lessor for damage resulting therefrom, then Tenant Lessee shall indemnify, defend defend, and hold Landlord Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the propertyPremises, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place or the Leased Premises or elsewherePremises, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherespace, and sums paid in settlement of claims, attorneys' fees, consultant fees and fees, expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal removal, or restoration work required by any federal, state state, or local governmental agency or political subdivision because of Hazardous Material or Substance present in the soil or ground water groundwater on or under Bellevue Place. Without limiting the foregoing, if Premises which arise during or after the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, Lease term as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval a result of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Governmentcontamination.

Appears in 1 contract

Sources: Lease Agreement

Hazardous Material. Prior to delivery of the Premises to Tenant, ------------------ Landlord shall remove and/or remediate any asbestos or other hazardous materials situated on the Premises that is mandated to be removed by any governmental entity or agency at Landlord's sole cost and expense. Thereafter, Tenant shall not cause or permit any Hazardous Material Material, as defined below, to be brought upon, kept kept, stored, utilized, disposed of or used in the Building by Tenant or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Notwithstanding the foregoing, Tenant breaches the obligations stated may cause or permit diesel fuel or batteries necessary for Tenant's Special Improvements to be brought upon, kept, stored, utilized or used in the preceding sentencePremises by Tenant and its authorized agents, employees, contractors or if invitees provided that Tenant causes such materials to be at all times properly stored and lawfully used. This restriction shall survive the termination or expiration of this Lease. If the presence of Hazardous Material on the Leased Premises is caused or permitted by Tenant or its agents, employees, contractors or invitees and results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromBuilding, then Tenant shall indemnify, defend and hold Landlord and any owner of the property wherein the Premises are located harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the propertyBuilding, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place or the Leased Premises or elsewhereBuilding, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherein the Building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any conditions, and clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of subdivision. If the Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertythe Building, Tenant shall promptly take all actions, actions at its sole expense, own expense as are necessary to return the Leased Premisesremediate, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s 's approval of such actions remedial action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 1 contract

Sources: Lease Agreement (Pac-West Telecomm Inc)

Hazardous Material. Tenant, its agents, employees, contractors, sublessees, Space Tenants or invitees (the “Tenant Parties”) shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by TenantProperty, unless such Hazardous Material is (i) identified to Landlord prior to its presence on the Property, (ii) necessary to the lawful business of any such person or entity and (iii) such Hazardous Material is used, kept, stored and disposed of in a manner that complies with all Legal Requirements regulating any such Hazardous Material so brought upon or used or kept in or about the Property. If Tenant or its agents, employees, contractors contractors, sublessees, Space Tenants or invitees. If Tenant invitees breaches the obligations stated in the preceding sentence, sentence or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant Property, even if present with the consent of Landlord, results in any contamination or deposit of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefromin violation of Legal Requirements on the Property, then Tenant shall indemnify, defend and hold Landlord Indemnitees harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contaminationcontamination or presence unless, and only to the extent, such breach or contamination is caused by Landlord or its agents, employees, or contractors, in which event Landlord shall be responsible therefor. This indemnification of Landlord Indemnitees by Tenant includes, without limitation, costs and reasonable attorneys’ fees incurred by Landlord Indemnitees in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work performed by any individual or entity, regardless of whether such investigation or work is required by any federal, state or local governmental agency Governmental Authority or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Placethe Property, and shall survive the cancellation, termination or expiration of the Term. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Property caused or used in permitted by Tenant or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, Tenant Parties results in any contamination or presence of Hazardous Materials on the Leased Premises or any part of Bellevue Place or any other propertyProperty, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Materialcomply with Legal Requirements; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld withheld, conditioned or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other propertyProperty. As used herein, the term “Hazardous Material” means any hazardous, dangerous, hazardous or toxic or harmful substance, material or waste waste, which is or becomes regulated by any local governmental authorityGovernmental Authority, the State of Washington Maryland or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is (a) petroleum, (b) asbestos, (c) radioactive material or waste, (d) infectious waste, (e) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (f) defined as a “Hazardous Waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), (g) defined as a “Hazardous Substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601), (h) regulated under the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) or defined as a “PCB,” or (i) any other substance or material similarly classified by any other federal, state or local statute or ordinance or by any rule or regulation promulgated or adopted pursuant thereto, whether now existing or hereinafter enacted. Tenant shall arrange for the removal and proper disposition of any infectious, hazardous or radioactive waste or other medical wastes from the Leased Property by qualified vendors and in accordance with Legal Requirements. Landlord agrees to indemnify, defend and hold harmless Tenant with respect to liability arising out of or resulting from any release or threatened release of pollutants, hazardous substances or hazardous wastes which were placed on the Property after Landlord took possession of the Property but before the Lease Effective Date. Without limiting the generality of the foregoing, the above indemnification extends to claims resulting from (i) Landlord’s violation or alleged violation of any federal, state or local statute; (ii) Landlord’s undertaking of or arrangement for the handling, removal, treatment, disposal of hazardous substances found or identified at the site.

Appears in 1 contract

Sources: Ground Lease Agreement (CNL Healthcare Properties, Inc.)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 12 damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any contamination of the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Hazardous Material. 16.1 Other then those listed on Exhibit B and reasonable amounts of those materials commonly used for office and janitorial uses and petroleum products in vehicles, all of which have been preapproved by Landlord, Tenant shall not cause or permit any Hazardous Material Substances (as hereinafter defined) to be brought uponused, kept stored, generated or used disposed of on or in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place Property by Tenant, its Tenant's agents, employees, contractors or invitees, results without first obtaining Landlord's written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Leased Premises or the Property except as permitted above, or if the Leased Premises or the Property become contaminated in any contamination manner for which Tenant is legally liable, Tenant shall indemnity and hold harmless the Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including without limitation, a decrease in value of the Leased Premises and the Property, damages due to loss or restriction of rentable or usable space, or any part damages due to adverse impact on marketing of Bellevue Place the leased Premises and the Property, and any and all sums paid for settlement of claims, attorneys fees, consultant and expert fees) arising as a result of such contamination by Tenant. This indemnification includes without limitation, any and all costs incurred due to any investigation of the site or any other propertycleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Leased Premises or the Property and such results in contamination, Tenant shall promptly take all actionspromptly, at its sole expense, as are take any and all necessary actions required by any regulatory agency having jurisdiction over the property to return remediate the condition of the Leased Premises, Bellevue Place or any other property to Premises and the condition existing prior to the introduction of Property. Tenant shall first obtain Landlord's written approval for any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. remedial action. 16.2 As used herein, herein the term "Hazardous Material” Substance" means any hazardous, dangerous, toxic or harmful substance, material or waste substance which is toxic, ignitible, reactive or becomes corrosive and which is regulated by any local governmental authoritygovernment, the State of Washington California or the United States Governmentgovernment. "Hazardous Substance" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substance" includes, but is not restricted to asbestos, polychlorobiphinyls ("PCB's") and petroleum.

Appears in 1 contract

Sources: Lease Agreement (Copper Mountain Networks Inc)

Hazardous Material. Tenant Subtenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept kept, or used in or about about, or disposed of on the Leased Premises or the Property (or migrate off the Property) by TenantSubtenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant Subtenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant Subtenant shall indemnify, defend and hold Landlord Sublandlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the propertyProperty or the Premises, damages for the loss or restriction on use of rentable or useable usable space or of any amenity of Bellevue Place the Property or the Leased Premises Premises, or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewherethe Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert feesfees (collectively, “Claims”) which arise incurred or suffered by Sublandlord either during or after the Sublease Term Multi-Tenant Lease Term as a result Triple Net Page 26 and which relate to Hazardous Materials brought upon, kept, or used in or about, or disposed of such contaminationon the Premises or Property (or which migrate off the Property) by Subtenant. This indemnification of Landlord by Tenant includes, Claims include without limitation, costs incurred in connection with any investigation of site conditions or any clean-upcleanup, remedial, removal or restoration work work, whether or not required by any federal, state or local governmental agency or political subdivision subdivision, because of Hazardous Material present in the soil or ground water in, on or under Bellevue Placethe Property or the Premises, or in soil or groundwater on or under the Property, or if same has migrated to adjacent property. Subtenant shall immediately notify Sublandlord of any inquiry, investigation or notice that Subtenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Property or the Premises or regarding the actual or suspected presence of Hazardous Material on adjacent property which has allegedly migrated from the Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Property or the Premises or Bellevue Place by TenantSubtenant, its agents, employees, contractors or invitees, results in any contamination unlawful release or discharge of Hazardous Material on the Leased Property or the Premises or any part of Bellevue Place or any other property, Tenant Subtenant shall promptly take all actions, at its sole expense, as are necessary to return properly remediate the Leased PremisesProperty, Bellevue Place the Premises or any other property in accordance with federal and state standards applicable to the condition existing prior to the introduction release of any such Hazardous Material; provided that LandlordSublandlord’s approval of such actions shall first be obtained, which approval may be withheld at Sublandlord’s sole discretion. Notwithstanding anything to the contrary herein, Subtenant’s obligations under this Sublease to indemnify Sublandlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Property or the Premises prior to the Commencement Date. Sublandlord shall not be unreasonably withheld so long indemnify, defend and hold Subtenant harmless from any and all Claims incurred or suffered by Subtenant either during or after the Sublease Term and which relate to Hazardous Materials existing in, on, or under the Premises or Property as such actions would not potentially have any material adverse long-term of the Commencement Date or short-term effect which are brought upon, kept, or used in or about, or disposed of on the Leased Premises, Bellevue Place Premises or other property. As used herein, Property (or which migrate off the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated Property) by any local governmental authority, the State of Washington or the United States GovernmentSublandlord.

Appears in 1 contract

Sources: Sublease Agreement (Jones Soda Co)

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought uponLessee hereby indemnifies and holds Lessor and Lessor’s officers, kept or used in or about the Leased Premises by Tenantdirectors, its agentsshareholders, employeesmanagers, contractors or invitees. If Tenant breaches the obligations stated in the preceding sentencemembers, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend agents and hold Landlord employees harmless from and against, and shall reimburse Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees for, any and all claims“Losses” (as hereinafter defined) arising from, judgmentsout of or as a consequence, damagesdirectly or indirectly, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss release or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought uponMaterials on the Premises which first occurs during the Term of this Lease, kept whether foreseeable or used unforeseeable, and whether or not known to Lessee, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the Premises is in compliance and causing the Premises to be in compliance with all applicable Environmental Laws, all costs and fees associated with claims for damages to persons, property, or about natural resources, and Lessor’s reasonable attorneys’ fees and consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Leased Premises during the Term of this Lease, or Bellevue Place by Tenantreason of the imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation, its agentsit being expressly understood and agreed that to the extent Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees, contractors or inviteesany of them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, this indemnity shall likewise be without regard to fault on the part of Lessee with respect to the violation of law which results in any contamination of the Leased Premises or any part of Bellevue Place or any other propertysuch liability, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Appears in 1 contract

Sources: Commercial Lease Agreement (Empowered Products, Inc.)